minimum level of severity. 60 Ascertaining this minimum level of severity is
relative, as it is dependent on several variables, such as the duration of the
treatment, its physical or mental effect, the age, sex and state of health of the
victim.61 The Commission notes the Complainant submission in paragraphs 118
and 119 above, that on 10 June 2014, he was invited for questioning at alNuhood police station, where he was severely beaten by four NISS officers for
twenty (20) minutes, and in the process, he fell over, hitting his head against a
metal bench and lost consciousness. He avers that the aim of the abuse was to
punish him for his journalistic coverage of the SCP symposium.
144.It is a well-established jurisprudence of the Commission that where allegations
go unrefuted, it will proceed to decide on the facts presented, 62 however, in
relying on the information provided by the Complainant, the Commission must
test the veracity or reliability of the Complainant's evidence.63 The question that
thus arises is whether the Complainant's allegations have been sufficiently
substantiated. It is within the practice of the Commission to rely on sworn
testimonies and a medical certificate as proof of torture. In Monim Elgak, Osman
Hummeida and Amir Suliman (represented by FIDH and OMCT) v Sud.an, the
Commission relied on sworn testimonies and a medical certificate in
establishing a case of torture.64 Similarly, in Eg,Jptian Initiative for Personal Rights
and INTERIGHTS v Egypt, the African Commission went one step further and
relied solely on the Complainants' submissions of testimonies of the victims to
prove sexual molestation which qualified as a violation of Article 5 of the
Charter.65
145.In the present Communication, the Commission observes that the
Complainant's written testimony describes in clear details the act of torture
which resulted in the Complainant sustaining injuries to his head and left leg,
and the testimony of his former colleague who visited him during his period of
detention at El-Obeid prison described his state as ' ... frail, complained about
back pains as a result of the beatings and constant headaches because they had
taken away his eyeglasses for weeks'. 66 The psychosocial therapy report
submitted in support of his averments describes the Complainant mental state
as traumatized " ... lacking confidence, afraid, not trusting and rather flat. He
demonstrated minimal emotional stimulation. He was still going through
trauma and needed a lot of help ... "