159. The Complainants submit that the Respondent State violated Article 5 in
that, the Victims were held incommunicado and denied access to their
families, lawyers and medical care by SSI agents. They State that they were
beaten, tortured, blindfolded and occasionally hung from the ceiling by their
arms and legs in painful positions by SSI agents who applied electrical shocks
to several parts of their bodies.
160. Article 5 of the African Charter, reads, “Every individual shall have the right
to the respect of the dignity inherent in a human being and to the recognition
of his legal status. All forms of exploitation and degradation particularly
slavery, slave trade, torture, cruel, inhuman or degrading punishment and
treatment shall be prohibited.
Article 42 of the 1971 Constitution of Egypt stipulates that:
“any citizen arrested, detained or whose freedom is
restricted shall be treated in a manner concomitant with
the preservation of his dignity. No physical or moral harm
is to be inflicted upon him…”84
161. In order to analyse the allegation of torture by the Victims, the African
Commission will look at what amounts to torture in accordance with the
Charter and other international instruments. Article 60 of the Charter has
drawn inspiration from broader international law to deal with specific issues.
Substantive international jurisprudence and practice has therefore developed
in recent years regarding the nature of the prohibition of torture and cruel,
inhuman and degrading treatment and the obligations of states to protect its
citizens against such treatment.
162. Convention Against Torture and Other Cruel or Inhuman or Degrading
Treatment (CAT) has defined torture as:
84
See Articles 126 and 127 of the Penal Code.
47
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