office", but he survived. According to the Complainant, because of the severe mental and physical harm meted on the Victim, on his release, he fled the country, fearing for his life. 136.The African Commission in its General Comment No 3 on the right to life have pronounced that 'where a State or its agent ... has unlawfully threatened the life of a person ... a violation of the right to life has occurred.' 91 The African Commission refers to the United Nations Human Rights Committee's General Comment No. 36 which states that "the right to life encompasses the right of persons to be free from acts and omissions intended to cause or expected to cause, their unnatural or premature death, and to live with dignity."92 137.The African Commission remain guided by its position in the Malawi African Association, Amnesty International, Ms Sarr Diop, Union interafricaine des droits de l'Homme and RADDHO, Collectif des veuves et ayants-Driot, Association Mauritanienne des droits de l'Homme vs Mauritania,93 where it held that it is a violation of Article 4 of the African Charter when individuals were denied food and medical attention, subjected to torture that culminated in death, or forced to go into hiding due to fear for their lives. 138.The African Commission also considers the decision of the European Court on Human Rights in Makaratzis v. Greece94, where it held that irrespective of whether or not the police actually intended to kill the applicant, the applicant was the victim of a conduct which by its very nature, put his life at risk, even though in the event he survived, violated article 2 of the European Convention. 139.ln line with the above reasoning , the African Commission finds that the constant threats by NISS officers to the life of the Victim, as well as the acts of abuse, lack of medical attention, which put his life at risk and eventually resulted in the Victim fleeing the country for fear of his life, violated Article 4 of the African Charter. Alleged Violation of Article 5 of the African Charter 140.Article 5 of the African Charter provides for: 'every individual to have the right to the respect of the dignity inherent in a human being. It further provides that all forms of exploitation and degradation of man, particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited' 141.Freedom from torture is one of the cardinal rules in international law that is absolute and cannot be derogated under any circumstance. This indicates that Article 5 of the African Charter does not allow for any restrictions or limitations on the right to be free from torture and cruel, inhuman, or degrading punishme~nt or t[eatment. ~~ 91 ~o:~1:1,.P.,4r D.,.-!' ,O C. C ACHPR General Comment No 3, para 8. J .f:>"' "" -------92 General Comment No. 36 of the UN Human Rights Committee on Article 6 of the International CQYenan n Civil and Rights", para 3 : . J '\ 93 Communication 205/97, Kazeem Aminu v. Nigeria, 11 May 2000, Para 18. -S , .~ / 94 Cf. Eur.C.H.R, Makaratzis v. Greece [GC), Judgment of December 20, 2004, App. No. 50385>9~, p1~r 51 q{l.cl-6&. \;A -<;> litical1 i : ' -tt .. ~§2 El I) /