t;"'~),ACH PR ,i} African Commission on \1 I Human and Peoples' Rights "mu Human Collective Rights our Responsibility the combined Greek Cases174 by the European Commission, the Commission considers that the notion of inhuman degrading treatment covers at least such treatment as deliberately causes severe suffering, mental or physical, which in the particular situation, is unjustifiable, and that for an act to be degrading, there must be some form of' gross humiliation.' 208. In the Overall, the Commission echoes the positions respectively adopted by itself and the European Court on Human Rights in John K. Modise v Botswana175 and Campbell and Cosans v UK176 (also cited by the complainants) that the acts of inhuman and degrading treatment "not only cause serious physical or psychological suffering but also humiliate the individual while exposes them to personal suffering and indignity and can be interpreted to extend to the widest possible protection against abuses, whether physical or mental." 209. Now, interrogating the circumstances of the case at hand to establish cruel, inhuman and degrading treatment (ill-treatment) and torture, the Commission recalls the facts in paragraphs 69 to 75 (above), facts also capture in Paragraphs 3 to 11 on the summary of the complaint and several annexes. The Commission finds that the treatment against the Victims amounts to physical and emotional trauma. It is the Commission's view that the acts were cruel, inhuman and degrading treatment (ill-treatment) in the scope of Article 5 of the African Charter. 210. As to the question of forced genital examination or virginity test, as distinct torture, the Commission finds a crux of the matter in the definition of rape to be constituted by more than just sexual penetration by a male sexual organ into a female organ, the vagina. 211. The Commission drives inspiration from the holding in the cases of the Prosecutor vAnta Furundiija177 and MigueZ Castro-Castro Prison 7.) Peru178 respectively (also cited by the Complainants), that rape is constituted not only by sexual penetration, however slight of Consists of Denmark vs. Greece, Norway vs. Greece, Sweden vs. Greece, Netherlands vs. Greece (1969) Yearbook: Eur.Conv, 174 on HR 12 page 186 175 Communication 176 (1982) 97/93 Para 71 ECHR, para 28. IT95-17j1-T, Trial Chamber Judgment of 16 November 1998, para.185. IACtHR, Case of the Miguel Castro-Castro Prison v Peru, Judgment of 25 November 2006 ( and Costs), Series C No 160, para.310 (Castro-Castro Prison Case ") 177 178 491 P '!:" c Afncan Union '