i":~' ACHPR . African Commission on Human and Peoples' nights Human Rights our Collective Ilesponsibilily 124. The Commission notes from the onset that the present Communication does not raise any issues related to slavery and slave trade, and will therefore confine its analysis of Article 5 to torture, cruel, inhuman or degrading treatment or punishment. On the alleged torture 125. The Commission has repeatedly held, is one of the most egregious and morally reprehensible human rights abuses. 55 Its absolute prohibition is therefore one of the most fundamental values of a democratic state. 126. Adopting the definition of torture as provided for in Article 1 of the Convention of Torture, the Commission has acknowledged that: Torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, qrfar any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation afar with the cansent or acquiescence of a public official or other persan acting in an official capacity. It does not include pain or suffering arising anly from, inherent in or incidental to lawful sanctions= 127. In Sudan Human Rights Organisation and Center for Housing Rights and Evictions v. Sudani/, the Commission defined torture as (i) severe physical or .' . psychological pain or suffering inflicted at the instigation of or with the consent or acquiescence of state authorities; (ii) with a specific aim of obtaining information, punishing or intimidating the victim, or for any reason based on discrimination. 128. The Commission recalls that the alleged violations must be analysed in the light of the time at which the complaint was submitted. In the present case, the Commission notes that the victim was detained on 17 September 2018 and the Abdel Hadi, Ali Radi & Others v Republic of Sudan, Communication 368/09,pa~ra69. The Convention against Torture and Other Cruel, Inhuman or Degrad' 1i'r.ea:h:q.~tor Punishment, Adopted by the General Assembly of the United Nations on,ISJ>' ~eBiibE:rfl~4 .~ .". -< (resolution 39/46) ,:.," <0 o ..... 57 communic.ation No. 279/03-296/05:Sudan Human Rights Organisation 8fcece pn.)Jo ing ~') Rights and Evictions (COHRE) v Sudan (2009)CADHP, paras. 155-157. ;·.I~ o w ~', 55 56 All Organ of tile Atrican /.1"'-'" . ( T Union ~~ The African Cornrnis ' 31 Bijilo Annex Layout, Ko Phone Z_~·JI ...... / :lY'l 9_- oc ~:r. ~ ifl) <I)J. oR~c Ci AU·UA man an e 'll&plegJ Rights , . CA.~,?RegiOn 'f ~9F ~8tl~ Xi~(~t~41 0504 Email: au"b.anflW~J.!lta'LJnlon.or2 ( hI ps:/achpr.au.inVU Ua