or punishment is based. Indeed, as it stated in Egyptian Initiative for Personal Rights
and Interights v. Egypt, cruel, inhuman or degrading treatment necessarily violates
human dignity.v This means that any act of torture or other cruel, inhuman or
degrading treatment or punishment constitutes an affront to human dignity.
126. Neither the African Charter nor the Maputo Protocol defines the concept of
torture, cruel, inhuman or degrading treatment or punishment. In the absence of
such a definition, the Commission can only look to other international human
rights instruments to understand its scope. In its General Comment No. 20
interpreting Article 7 of the ICCPR, which prohibits torture, cruel, inhuman or
degrading treatment or punishment, the 'BN Human Rights Committee has
indicated that the prohibition in Article 7"re1.ates not only to acts that cause
physical pain to the victim, but also to acts that inflict mental sufferings' .
'."-';""',
,
/' . i
127. Furthermore, in the Committee's view, the,prohi'bition should extend to corporal
punishment, including excessive punishment", as a penal, educational or
disciplinary measure+ . In the case of Egyptian Injtiative for Personal Rights and
Interights v. Arab Republic of Egypt, the Committee noted that the acts covered by
Article 5 are notofily acts causing severe physical or mental suffering but also acts
that humiliate or coerce the person against his or her will or conscience.s''
128. The Human Rights, Committee does not provide an exhaustive list of what
constitutes torture;' .cruel, inhuman or degrading treatment or punishment.
However, some.of the treatments already considered by the Committee as torture,
cruel, inhuman or degradingjtreatment
or punishment can serve as a basis for
understanding the scope of torture. For example, it considered that allegations of
ill-treatment or, abuse against prisoners, including beatings, burnings, electric
shocks, burial ?live in sand until death and rape of women, constitute evidence of
widespread use of.torture or cruel or inhuman treatment=.
129. In this case, the Commission is called upon to determine whether the alleged facts
constitute torture or cruel, inhuman or degrading treatment within the meaning
of Article 5 of the African Charter. The Complainants allege in particular that the
victims are subjected to ill-treatment by health care providers resulting in
debilitating injuries or death as women die due to unnecessary delays in obtaining
Malawi
International,
Ms Sarr Oiop; Union interafricaine
Ayants-Oroit,
Association
Mauritanienne
des droits de l'Homme
des Oroits de I'Homme / Mauritanie
24
Africa
Association,
Amnesty
and RAOOHO, Collectif des Veuves et
(2000) ACHPR para 118.