Thereafter, the right to freedom from torture was enshrined in many human rights
instruments with more expansive terms which seek to protect all individuals from
being intentionally subjected to severe physical or psychological distress by, or
with the approval or acquiescence of, government agents acting for a specific
purpose, including to inflict punishment or to obtain information.
48. Some of these include; The United Nations Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), The
African Charter on Human and Peoples Rights, The International Covenant on
Civil and Political Rights, The International Covenant on Economic and SocioCultural Rights, European Convention on Human Rights, the InterAmerican Convention against Torture, Common Article 3 of the 4 Geneva
Convention amongst others.
49. Amongst the above instruments, the CAT is very instructive as it provides the
most precise and widely-cited definition of torture under international law.
Article 1 of CAT is hereunder reproduced and it defines torture as;
“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. It does not include pain or suffering arising only from, inherent in or
incidental to lawful sanctions.”
50. The prohibition of torture is enshrined under Article 5 of the African
Charter.While the Charter does not define the meaning of the word "torture”, the
trust of the Article is the guarantee of the protection of both the dignity of the
human person, and the physical and mental integrity of the individual. It is
noteworthy that the international instruments earlier referred are essentially
similar to the provisions of the African Charter in their intention that is, the
prohibition of the use of torture. Article 5 of The Charter provides thus
“Every individual shall have the right to the respect of the dignity inherent in a
human being and to the recognition of his legal status. All forms of exploitation
and degradation of man particularly slavery, slave trade, torture, cruel, inhuman
or degrading punishment and treatment shall be prohibited.”
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