,.CHP~ ACHPR African Commission on Human and Peoples' Rights Human Rights our Collective Responsibility like practices during armed confiicr> and the UN Security Council= Confirming that sexual violence and rape by officials can constitute a form of torture. 86. They added that in many cases, the discrimination prong of the definition of torture in the UN Torture Convention provides an additional basis for prosecuting rape and sexual violence as torture. 87. On elements of the offence of rape, while faulting the definition under the Egyptian law, the Complainants cited the Prosecutor v Anto Furundiija by the International Criminal Tribunal for the former Yugoslavia (ICf'Y) that found that rape is constituted not only by sexual penetration, however slight of the vagina of the victim by the penis but also any other object used by the perpetrator and by coercion or force or threat of force against the victim or a third person.'? 88. The Complainants also submitted along the International Criminal Court's Elements of Crimesw and the position adopted in the Inter-American Court in the Miguel CastroCastro Prison v Peru49 that rape is constituted with conduct resulting in penetration, however slight, any part of the body of the victim or the perpetrator with a sexual organ or of the anal or genital opening of the victim with any object or any other part of the body.50 89. The Complainants also submitted along with Miguel Castro-Castro (cited above), in which the Inter-American Court considering the circumstances of the case, agreed that finger-vaginal examination of the inmate constituted rape and torture.P! They further added that rape among sexual violence meets the severity threshold for torture under international law.P E/CN.4/Sub.2/1998/13, 22 June 1998, para.55. 46UNSecurity Council, S/RESj2106 (2013), adopted at 6984th meeting, 24 June 2013, para.2; S/RES/1829 (2008), adopted at 5916th meeting, 19 June 2008, Para.4. 47 Citing, the International Criminal Tribunal for the former Yugoslavia, Prosecutor v Anto Furundiiia, Case No IT95-17/1-T, Trial Chamber Judgment of 16 November 1998, para.185. 48Citing, the International Criminal Court, Elements of Crimes, Article 8(2) (b) (xxii)-l, at http:// www.icchup:llwww.icc-cpi.in Unr/rdonlyres/336923d8-a6ad-40ec-ad7b45bt9de73d56/0/elementsofcrimeseng.pdfcpi..i.ntl or I rdonlyres I 336923d8-a6ad-40ec-ad7b45bf9de73d56! O!elementsofcrimeseng. pdf. 49 IACtHR, Case of tile Miguel Castro-Castro Prison v Peru, Judgment of 25 November 2006 (Merits, Reparations and Costs), Series C No 160, para.310 (Castro-Castro Prison Case ") 50 See Paragraph 90-1 of the Complainants' Submission on Merit 45 51 Ibid, para.312. 52 See para 95 of the Complainants' Submission on Merit 191 P age African '\ Union ') https:/achpr.au.inVO 0 a