torture and other ill-treatment, and if so, whether there is sufficient evidence to prove the allegations. 209. In line with paragraph 4 of its Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa (the Robben Island Guidelines)31 and its jurisprudence,32 the Commission’s understanding of torture is founded on the definition of torture established under Article 1 of UNCAT from which it is enjoined to draw inspiration33 and which provides that: “Torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.” 210. The definition of torture under UNCAT contains four (4) cumulative elements: that severe mental or physical suffering must be inflicted; that an act or omission must be inflicted intentionally; that the infliction of such or omission must be for a specific purpose; and that the act or omission must be by a public official or with the consent or acquiescence of a public official. For torture to have occurred all these elements must be present cumulatively. 211. The Complainants aver that the Victim suffered severe mental and physical pain which was inflicted intentionally by agents of the Respondent State for the purpose of punishment, to diminish his spirit, and to render him more compliant in interrogations. 212. The Commission notes that the Complainants have adduced evidence in the form of the Victim’s extensive affidavit,34 excerpts from complaints submitted to the Public Prosecutor regarding the Victim’s treatment and health condition, forensic medical examination reports from different medical institutions, photographs of the Victim’s scars from torture,35 as well as reports issued by the (n 17 above). The Commission has previously adopted the definition of torture provided under Article 1 of UNCAT in its jurisprudence. See e.g. Communication 245/2002 – Zimbawe Human Rights NGO Forum/Zimbabwe (2006) ACHPR, para.180, Communication 334/06 – Egyptian Initiative for Personal Rights and Interrights v Egypt (2011) ACHPR, para 162 & Communication 368/09 – Abdel Hadi, Ali Radi and Others v. Sudan (2013) ACHPR para 70. 33 Articles 60 and 61 of the African Charter establish the importance of international and regional human rights instruments and standards as benchmarks for the application and interpretation of the African Charter. 34 The Victim, in his Affidavit of 18 June 2014, details the alleged torture and other ill-treatment he was subjected to while he was in detention for 15 years, including the places where the alleged torture occurred, and in some instances, the names of the alleged perpetrators. Annex 1 – The Applicant’s Affidavit dated 18 June 2014, Annex to Merits Submissions, paras 19 – 26, 28 – 29, 31, 37 – 43, 47 – 52, 54 – 58, 65 – 67, et al. 35 See Annexes 9-13 and 20-21. The details of the referenced annexures are as follows: Annex 9 – Forensic medical examination conducted on 25 July 2011 and report concluding that the Victim has 31 32 31