ACHPR African Commission on Human and Peoples' Rights Human Rights our Collective Responsibility 90. The Complainants backed up this by the United Nations Human Rights Committee's position in General Comment No. 28, which recognized that rape may amount to a violation of Article 7 of the International Covenant on Civil and Political Rights (ICCPR) (prohibition of torture),53 the position that is widely reflected in the jurisprudence of courts and human rights treaty bodies, which recognise that the pain and suffering caused by an act of rape, both physical and psychological, is so severe as to constitute torture. The Complainants cited Mejia v Peru,54 Aydin v Turkey,55 C. T. and K.M. v. Suiedeni» and Miguel Castro Castro Prison v Perui? the decisions that on different occasions but conunon on detainees, suggested that rape committed against detainees will always amount to torture. 91. Giving facts around all these, the Co~plainants reiterated the facts around what happened when the victims were in the detention centre. In particular, they submitted that they were forced to undress and lie on their backs, and electroshocked. The Second Victim was threatened to be beaten, raped and subjected to electroshocks if she resisted the examination and had their genital parts forcefully examined.P 92. Considering the foregoing, they submitted that the forced genital examination constituted vaginal penetration of the First Victim and sexual violence committed against both Complainants. They added that it was carried out with the use of force and threat of force and under the coercive circumstances of detention, this treatment regarding the First Victim amounted to rape and regarding both Complainants to sexual violence amounted to torture under international human rights law. and that the nature of the forced genital examinations and the circumstances under which they took place met the severity threshold for torture.'? 93. Concerning discrimination on the grounds of gender and political opinion, in addition to the narrated ill-treatment, those sorts of sexually demeaning terms such as prostitute, Citing, the Human Rights Committee, General Comment No.28: Equality of rights between men and women (Article 3), CCPR/c/21/Rev.l/ Add.l0, 29 March 2000, para. 11. 54 Inter-American Commission on Human Rights (IACmHR'), Raquel Marti de Mejia v Pent (1996), Case 10.970, Report No. 5/96, Judgment of 1 March 1996. 55 ECtHR, Aydin v Turkey (1997) Application No. 57/1996/676/866, Judgment of 25 September 1997. 56 Committee against Torture (CAT), c. T. and K. M. v. Sweden, Communication No. 279/2005,17 November 2006, para. 7.5. 57 IACtHR, Castro-Castro Prison Case 58 See Annex 11 and 12 53 59 See, Paragraph 20 I P age 116 of the Complainant Submission on Merit The African Commissio

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