Burden of proof is not a static concept and must be circumscribed by the circumstances of each case. Also in Eci and others V. Turkey 23145/93 13th November 2003 the European Court on Human Rights noted the consistency of the allegations made by the Applicants that they were insulted, assaulted, stripped naked and hosed down with freezing cold water and found that the Applicants had suffered physical and mental violence at the hands of the gendarmerie during their detention. Furthermore, the Court found that such ill-treatment caused them severe pain and suffering and was particularly cruel in violation of Article 3 of the convention which must be regarded as constituting torture. This Court having examined all the circumstances which arose in the physical infliction of pain meted out on the 4th and 5th Applicants by the NIA officials, which includes but not limited to the use of electric shocks on the forehead and testicle, extinguishing of cigarette on their bodies, and the brutal beatings, takes into account the degree of intensity of physical and mental pain suffered by them. In view of the foregoing, the court therefore holds that, the acts of the officials of the Defendant during its interrogation amounted to both inhuman and degrading treatment. Consequently, the Court finds that the Defendant violated Article 5 and 7 of the African charter and the ICCPR respectively. 55