of the Commission's Rules of Procedure (2010). In the present circumstances,
and in accordance with the practice of the Commission, the following analysis
relies principally on the submissions of the Complainant and the Jurisprudence
of the Commission.
139. The Commission is called upon to determine whether the actions of the
Respondent State as described by the Complainant constitutes a violation of
Article 1, 5, 6, 7 and 16 of the African Charter.
Alleged Violation of Article 5
140. Article 5 of the Charter reads:
Every individual shall have the right to the respect of the dignity inherent in a
human being and to the recognition of his legal status. All forms of exploitation
and degradation of man, particularly slavery, slave trade, torture, cruel,
inhuman or degrading punishment and treatment shall be prohibited.
141. The Commission has held that Article 5 of the African Charter is aimed at the
protection of both human dignity and the physical and mental integrity of the
individuaJ.58 In Sudan Human Rights Organization & Centre on Housing Rights and
Evictions (COHRE) v Sudan, the Commission adopted the definition of torture
contained in Article 1 of the United Nations (UN) Convention Against Torture
which states:59
[T]he 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 him 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.
•
142.According to the above definition, four constitutive elements must be taken
into account in qualifying an act as torture, these include: i) the nature of the act;
ii) the intention of the perpetrator; iii) the purpose; and iv) the involvement of
public officials.
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