detention, violated his right to life as guaranteed under Article 4 of the African
Charter.
Alleged Violation of Article 5 of the African Charter
98. The Complainant submits that in interpreting the prohibition of torture under Article
5 of the African Charter, the African Commission has referred to Article 1 of the UN
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, which defines torture72 . According to the ECHR, torture is
characterised by "deliberate inhuman treatment causing very serious and cruel
suffering."73 . The Complainant states that Article 5 of the African Charter explicitly
includes a prohibition for cruel, inhuman or degrading punishment or treatment and
the African Commission has held that this includes actions which not only cause
serious physical or psychological suffering, but which humiliate the individual or
force him or her to act against his will or consciousness.74
Beatings
99. The Complainant submits that, whilst in the custody of the NISS in Khartoum, to
extract information from the Victim, the NISS officials subjected him to a series of
acts and punishment that singly and in combination, caused severe physical and
mental pain and suffering, which amounted to torture.
100.According to the Complainant, during the raid on his uncle's home in 2006 and
2011 , and his subsequent arrest and transfer to the NISS office, the Victim was
slapped and beaten repeatedly by the arresting NISS officers with the butts of their
guns, that caused permanent injury to his back and broke his spine. On one
occasion, he was lashed many times for over 2 hours until his skin began to bleed.
101.The Complainant avers that on more than one occasion, the Security officers used
electric shock devices on the Victim's chest to punish him for shouting for help and
resisting assault. The Victim's nails and shoulders were subjected to electric
shocks, water was poured into his eyes and a bright laser light was shone into his
eyes. After his release, the Complainant states that the Victim experienced
temporary memory loss and was in severe pain from the beatings and other torture
methods. He also had an itchy skin condition on his scalp from the chemical
solution that was applied to his hair.
Threats
102.The Complainant indicates that the Victim received a series of death threats from
individuals claiming to be NISS officials via telephone before his arrest in 2011 and
in person, when detained incommunicado in the custody of the NISS in Khartoum.
72 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 himfor an act he or a third person has committed
or is suspected of having committed, or intimidating or coercing himor 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 acquj,eJtl¢ce of, atruQl\c
official or other person acting in an official capacity. It does not include pain or suffering arising onlt ffom,.;ntfete'ht in of-,
incidental to lawful sanctions.
, c-:'-"73 Ireland v. UK, Application No. 5310/71, Judgment of 18 January 1978, para. 167.
:
r
74 Communications 137/94, 139/94, 154/96 and 161/97, International Pen, Constitutional Rights Project, In erigh_
ts o~Jehal
of Ken Saro-Wiwa Jr. and Civil Liberties Organisation v Nigeria, decided at the 24th ordinary session,-.Oct 1 98, '1'2-tfl A~Aual
Activity Report.
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