1 Human and People-s' Rights, which provides that << Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man particularly slavery) slave trade) torture, cruel, inhuman or · degrading punishment and treatment shall be prohibited.>> 1 - The Republic of Burkina Faso 35. Counsel to the Republic of Burkina Faso did not raise any counter view concerning this claim. Legal Analysis· by the Court. 36. The Court notes that Mr. Badini Salfo alleges that he was put to moral torture, due to the conditions of his detention and that he was subjected to cruel and inhuman treatment, because the Defendant State failed to bring him before a competent judge. • 37. The Court observes that Plaintiff did not show any proof for this allegation. He did not even make any edifying description of the illtreatment that he suffered, of those who meted them out on his person, of circumstances of times and places that these treatments took place. Worse still, he does not even show the moral sufferings that he underwent, or the body pains that he felt, owing to the acts that he alleges were meted out on his person. The Court can, therefore, not adjudicate on this claim. ,, t ·' . 38. Moreover, since · the Charter does neither define what constitutes « cruel, inhuman or degrading treatment » nor indicate the acts that·· can be termed as constituting that category of treatment, the Court holds that a treatment is « inhuman » if it is meted out.to intentionally inflict heavy mental sufferings or great physical pains on the sufferer; such a treatment is « cruel » if it connotes a disregard for the fragility for the human person, and greatly hits human conscience ; it is « degrading » if it is meted out, with a view to humiliate, de debase or to touch negatively the human dignity of the person, to whom it is inflicted. ThuS, a cruel , 15 · -------------- ---- --- ------------ - ---·-·

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