African Commission's Resolution on Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa.30 These Guidelines refer to the definition of tortures set out in Article 1 of the United Nations Convention Against Torture which reads: "1. For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing hirn or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions. 2. This article is without prejudice to any international instrument or national legislation which does or may contain provisions of wider application." 145. In view of the above, the Court finds that the Applicant has not proved that the delay in the hearing of his appeal is tantamount to torture. This is because he has not proved that the delay caused him severe mental or physical pain which was intentionally inflicted for a particular purpose. In addition, he is serving a prison sentence pursuant to lawful sanctions imposed on him. For this reason therefore, the Court finds that there has been no violation of Article 5 of the Charter. 30 The African Commission adopted these guidelines in 2008; the Guidelines are commonly known as the Robben Island Guidelines. See also Application 288/04 Gabriel Shumba v Zimbabwe Decision of 2 May 2012, paragraphs 142 to 166. 58