in the Forensic Medical Reports were never challenged by the Respondent
State.
189. The Respondent State has not refuted the allegations of torture or the harsh
treatment to which the victims were subjected to. The African Commission
has in many of its decisions held that facts uncontested by the Respondent
State shall be considered as established.105 The fact that the victims were
subjected to repeated electric shocks, beatings, prolonged hanging, binding
and blindfolding and denied access to medical care violates their physical
and psychological integrity. There was also no evidence whatsoever
pointing to violent action from the victims themselves nor has there been
any reported escape attempt by the victims to warrant holding them in such
degrading and inhuman manner.
190. Article 5 prohibits not only torture, but also cruel inhuman or degrading
treatment. This includes not only actions which cause serious physical or
psychological suffering, but which humiliate the individual or force him or
her against his or her will or conscience. The African Commission therefore
holds that the action of the Respondent State constitutes a multiple violation
of Article 5 of the African Charter.
Alleged Violations of Article 7 and 26
191. The Complainants contend that the victims right to fair trial were violated in
that;
they were tried by a Court that was not independent
and impartial and whose decisions cannot be
appealed;
105
their right to a counsel was not fully respected;
Communication 25/89, 47/90, 56/91, 100/93 - Free Legal Assistance Group and Others v Zaire.
57
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