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Human s;gh,s ou,
Human and Peoples' Rights
Collective Responsibility
invoked to justify engaging in torture or any other form of cruel, inhuman, or
degrading treatment or punishment. This principle underscores the absolute
and non-negotiable prohibition of such practices, emphasizing the
uncompromising stance against any form of mistreatment or abuse towards
individuals in detention or imprisonment.
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A crucial aspect to highlight is that the term "cruel, illhuman or degrnding
1 30.
treatment or punishment " should be interpreted in a manner that provides the
broadest possible safeguard against any form of abuse, whether it be physical
or mental in nature (as outlined in the UN Body of Principles). 39 This
interpretation emphasizes the importance of comprehensive protection against
acts or conditions that may inflict unnecessary suffering, ensuring the utmost
respect for h uman rights and dignity.
131.
Furthermore, as demonsh·ated in the Commission's jurisprudence,
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particularly in the case of Media Rights Agenda v the Federal Republic o
Nigeria, 40 the terms "cruel, inhuman, or degrading punishment or treatment"
should be interpreted in a manner that affords the broadest possible protection
against any form of abuse, whether it manifests as physical or mental harm.
This encompasses a wide range of acts that violate human dignity, including
but not limited to denying individuals contact with their families, subjecting
them to overcrowded prison conditions, physical assault or beatings, depriving
them of adequate lighting, with11olding su fficient food and water, denying
access to necessary medicine or medical care, and inflicting other forms of
physical and psychological torture. The Commission recognizes the need for a
comprehensive and inclusive understanding of these terms to ensure the
utmost protection against all forms of mistreatment.
It is, therefore, crucial to comprehend that the interpretation of the terms
132.
"cruel, inlLu111nn, or degrading punishment or treatment" must be broad and all
encompassing, aiming to provide the most comprehensive protection against
any type of abuse. This interpretation ensures that individuals are shielded
from acts that inflict needless pain, suffering, or humiliation. By adopting this
inclusive interpretation, the Commission recognizes and upholds every
individual's inherent dignity and rights, emphasizing the imperati1t.e:Fmffii�-,;i
and prohibit any misb·eatment that may result in physical or rY'l litr> t-,:, i
39 Communication 225/98-Huri-Laws v. Nigeria, para 40
40 Communication 224/1998 Media Rights Agenda v Federal Republic of Nigeria
30
An Or�Jn of the
AfriGan f◄' . �)
Union ,,""ii
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 OS 04
Email: au-baniu1@africa•union.org
https:/achpr.au.int/0 0 a