168.
In Equality Now, the Commission has interpreted the right to dignity as
follows:
" ... Article 5 of the Charter guarantees that every individual shall have the right
to respect of the dignity inherent in a human being. Human dignity is the
fountain of all other rights. At the core of human dignity is the idea and
recognition that a human being has unique worth, value and significance that
is innate, and not acquired. It also entails that a human being is a moral agent
possessed ·with the conscience and personal volition to decide what happens to
his or her body. The right to respect of dignity is a guarantee that a human being
should not be subjected to acts or omissions that degrade or humiliate him or
her. "
169.
The Commission notes that the Complainants have not established how
the First Complainant's dignity has been stripped by the acts complained of.
The Commission is not convinced that the disputed Chieftaincy attaches to the
Complainant's humanity, meriting the conclusion that . without it, the
recognition to the dignity inherent to her humarity ceases.
170.
Similarly, the Commission is not con,fident that the Complainant's
submissions or indeed her circumstances in g~neral invoke a violation of cruel,
inhuman and degrading treatment. The Commission's jurisprudence has
established the scope of inhuman .and degrading treatment, which does not
only include physical but also psychological suffering. In International Pen
and Others v. Nigeria, the Commission held that:
Article 5 of the African Charter prohibits not only torture, but also cruel,
inhuman or degrading treatment. This includes not only actions which cause
serious physical or psychological suffering, but which humiliate the individual
or force him or her to act against his will or conscience55
171.
The Commission has held previously in Curtis Doebler v Sudan that:
"While ultimately whether an act constitutes inhuman degrading treatment or
punishment depends on the circumstances of the case. The African Commission
has stated that the prohibition of torture, cruel, inhuman, or degrading
treatment or punishment is to be interpreted as widely as possible to encompass
the widest possible array of physical and mental abuses"56 (the emphasis is
ours)
172.
The Commission observes that a fundamental element in proving
allegations of cruel, inhuman and degrading treatment is showing the
compromise of integrity, either mental or physical, put differently, evidence of
ill-treatment.
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Co mmunication 236/2000, para 37
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