70.
The court finds that the Respondent failed
to
carry out any investigations into
the suspicious death of the deceased. This failure to
carry out an effective
investigation into the death of Mr. Desmond Nunugwo,
is in breach of Articles
1 and 4 of the African charter, which when read
together, require a prompt,
proper and adequate official investigation into
deaths resulting from the
actions of State agents. Consequently, the Court
finds a violation in this
regard.
c.
71.
Allegotion of tortare (Article
S)
The contention of the Applicants under this heading
is that the circumstances
of Mr' Nunugwo's death give rise to the suspicion that
he was tortured, and
he died as a result of injuries inflicted on him
during his arrest, detention and
interrogation. Article 5 of the African charter provides:
"Every individual shall have the right to the respect
of dignity inherent
in a human being and to the recognition of his legal
status. Allforms
of
exploitation and degradation of man, particularly
slavery, slave trade,
torture, cruel, inhuman or degrading punishment
and treatment shalr
be prohibited. "
72.
The Respondent contends that the Applicants have
not placed substantial
evidence before the court to prove that the
deceased was subjected
to any
form of totture or inhuman treatment. That the post-mortem
investigation
carried out on the deceased also did not reveal
any element of torture on the
body ofthe deceased.
73.
Torture can be described as the infliction of severe
bodily pain, psychological
and moral suffering on a person as a means
of punishment or to extract
information' T'he court in establishing the elements
of torture found that:
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