to obtain information, as punishment or to intimidate, or for any reason based on
discrimination, by or at the instigation of or with the consent or acquiescence of
state authorities. The African Commission in the same vein, held that where the
victims were subjected to a series of acts that, singly and in combination caused
severe physical and mental pain and suffering, 100 inflicted by officials with the
purpose of extracting information, the acts committed amounted to torture.
147.ln Abdel Hadi, Ali Radi & Others v Sudan 101, in which the victims went through
various forms of physical torture during their detention ranging from severe beating
with whips and sticks, doing the Arannabb Nut (rabbit jump), heavy beating with
water hoses on all parts of their bodies, death threats, being forced to kneel with
their feet facing backwards in order to be beaten on their feet, the African
Commission held that the treatment and the surrounding circumstances were of
such a serious and cruel nature that it attained the threshold of severity to amount
to torture.
148.The African Commission turns to the facts in paragraphs 96 to 105 above which
indicate among others that for the purposes of extracting information, the Victim
received several death threats; slapped and beaten repeatedly with butts of guns
causing injury to his back and broke his spin; punched whipped and beaten with
various objects including an iron and metal wires; lashed for over two hours until
his skin bleed; and electric shock devices placed on his chest, nails and shoulders;
which subsequently resulted in itchy scalp from the chemical solution poured on
his hair; temporary memory loss; and severe pain and suffering 102 .
149.Considering these circumstances, the African Commission finds that the physical
assaults and their profound repercussions on the Victim's health and wellbeing
constitute a serious and cruel nature that amounts to torture, inhumane and
degrading treatment or punishment.
150.Second, the Complainant argues that the Victim was detained incommunicado by
the NISS and denied access to his family or a lawyer for the entire period of his
detention for over a year, and was subjected to terrible prison conditions such as
overcrowded and unsanitary prison cells; detention in close proximity to mentally
ill death row inmates; and being held in solitary confinement with handcuffs and
chained feet. The Complainant further argues that the Victim made repeated
requests to be seen by a Medical Doctor while in detention, and the prolonged
denial of access to his family, a lawyer and medical doctor was in breach of Article
5 of the African Charter.