-t
t
"acts complained
of
need not be physical with accompanying visible
signs, it admits of other acts with the capacie to
affect mentalfaculties
of the victim by causing amongst others severe mental
delusion coupled
mostly with,.fror, anguish and suffering. Additionaily,
such act must be
inflicted by a public fficer acting in an
capaciry and
fficial
carrying
on same with the required intention. The situ of the
act is o/ no
consequence". see HoN- JUSTICE s. E. ALADET7yIIVB7
v. THE
FEDERAL
74.
kEpuBlrc oF NIGEUTA ECW11J/JUD/II/20
(@
ps. 2 r
The Inter-American court in LoAyZA TAMAyo v.
\ERU judgment o/.
September 17, 1997. Series C No. i3, para 57,held,that:
"tlte violation of the right to physical and psychorogicar
integrity of
persons is a category of violation that has
several gradation and
embraces treatment rangingfrom torture to
other types of humiliating
or crttel, inhuman or degrading treatment with varying
degrees of
physical and psychological effects caused by
endogenous and
exogenous factors which must be proven in
each specffic situation. The
European court of Human right has declared that,
even in the absence
of physical injuries, psychological and moral suffering,
accompanied
by psychic disturbance during questioning,
may be deemed inhuman
treatment. The clegrading aspect is characterizecl
by the
anxiety
and inferiorie induced
fear,
for
the purpose of humiliating and degrading
the victim and breaking his physical morar
resistance,,.
75.
The court notes that the Respondent alluded
to the fact that the cleceased got
into their custody in good health and from the
autopsy reporl annexed, no
physical iryuty was seen on the body of the
deceased. It must be pointed out