sufficiently adduced material evidence to support their averment as to the circumstances that led to the death of Ikyase Chia nor have they proved that plans were put in place to control the situation. It is worthy of note that, the plank upon which the Defendant relied on as the basis for the arrest of the deceased is a statement which identified Ikyase Terseer as the gang leader of the syndicate that allegedly killed one Sgt. Mohammed Ahmed. Whereas, the deceased in this case is known and identified as Ikayse Chia and not Ikyase Terseer. The fact that they bear the same forenames raises doubt as to whether they are same person. In view of the above, the Court holds there has been a violation of Article 4 of the African Charter on Human and Peoples’ Rights. On the allegation of physical assault: Article 5 of the African Charter on Human and Peoples’ Rights provides: “Every individual shall have the right to the respect of dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man, particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited.” The Plaintiffs alleged that physical assault was inflicted on the deceased before he was killed. PW 2 in his deposition on oath stated that after the police officers arrested the deceased, he trailed the Police vehicle to the point where the officers stopped at a nearby village. That he saw the officers drag the deceased from the vehicle and jointly beat, kick and hit him with the head of their guns. Thereafter, he heard two gun shots and the police officers bundled the deceased into their vehicle in an unconscious state in a pool of blood. 25