(;·�r 6.�ttEB �(miml '\ Human and Peoples' Rights Human a;ghts ou, Collective Responsibility of sleep for prolonged periods, injected with unknown substances, held in overcrowded conditions, deprived of regular and adequate food and water, and exposed to a traumatic mock execution. The Complainant asserts that these horrifying acts inflicted intense suffering · upon him, resulting in extreme hunger, dehydration, heightened anxiety, and profound psychological distress. The Commission upholds that the prohibition of torture represents an 126. absolute right, acknowledged as a peremptory norm Qus cogens) in international law. The detailed account of the physical assaults endured by the Complainant serves to underscore the extreme severity and cruelty of the treatment inflicted upon him. The absolute prohibition of torture highlights the profound gravity of such actions and imposes a definite and compelling obligation on all States to prevent and prohibit torture in any manifestation. 127. Several international and regional instruments, including the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules),34 the Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa,'.15 International Covenant on Civil and Political Rights (lCCPR),36 Convention on Torture and other Cruel, Inhuman, or Degrading Treatment or Punishrnent, 37 and Body of principles for the Protection of All Persons under Any Form of Detention or Imprisonment38 acknowledges the inherent power imbalance created by the deprivation of liberty and emphasizes the obligation of States to ensure the protection and humane b·eatment of individuals throughout their period of detention. 128. Principle 1 of the UN Body of Principles for the Protection of All Persons under Any Form of Detention or I mprisonment firmly establishes the following fundamental principle: "Ez,ery individunl held in any form of detention or imprisonmeJLt must be treated in a manner thnt upholds their l1ul/lanihJ and recognizes the inherent dignihJ of even; human being. " This principle emphasizes the imperative to ensure that the treatment of detainees or prisoners respects their fundamental rights and preserves their inherent worth as human beings. 129. Principle 6 of the same body of principles reinforces this fundamental principle by stating that "No person in nnyform of detention or imprisonment should be subjected to torture or any form of cruel, inhuman, or degrading treatment or punishment." I t explicitly rejects any justification or circumstan 34 United Nations Standard Minimum Rules for the Treatment of Prisoners Rules 1 35 the Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa 36 International Covenant on Civil and Political Rights (ICCPR) under Article 7 � � �.. � 37 Convention on Torture and other cruel, inhuman or degrading treatment or punishment p..u-lJP.. '.<,"' "' 38 Body of principles for the Protection of All Persons under Any Form of Detention or Imprisonment pri · le 'f >ooq c.i.,•''" v .Ji!J q<.; ( ,..,°�,ME E1 o�"' 29 AJ, 0,gao of the Afriqan (�;' Union \.,;-:/ African Commission on Human and Peoples' Rights 31 Bijilo Annex Layout, Kombo North District, West Coast Region, The Gambia Phone: (220) 230 4361 Fax: (220) 441 05 04 Email: au-banjul@africa-union.org https:/achpr.au.int/0 0 a