such treatment as deliberately causing severe suffering, mental or physical, which in the
particular situation is unjustifiable, and that for an act to be degrading, there must be
some form of' gross humiliation'.
166. Overall, the Commission echoes the positions respectively adopted by itself and the
European Court on Human Rights in John K. Modise v Botswana98 and Campbell and Cosans
v UK99 that the acts of inhuman and degrading treatment" not only cause serious physical
or psychological suffering but also humiliate the individual while exposing them to
personal suffering and indignity and can be in
to extend to the widest possible
protection against abuses, whether physical or
167. The Complainants contended that Article 5 of
to instances of cruel, inhuman, and
they emphasized that Article 5
prompt medical services and
cases where the Commission
violations of Article Q and
permit various forms of
and degrading,
had been violated due
t. Additionally,
entitlement to
cruel, inhuman,
168.
169.
lso like' to accentuate that, by being a party to the African
.4i;"'fi;t'hould
prohibit inhuman and degrading treatment under
can Chart~f. In addition, The Commission notes that the Respondent
State is also a p
to the International Covenant on Civil and Political Rights (ICCPR),100
whose Article 7 " ,,yides that "No one shall be subjected to torture or cruel, inhuman or
degrading treatm~llt or punishment." The Commission notes that the Victims in the
present Communication were not only subjected to ill-treatment but intimidated in
several ways. For instance, when the first Victim was persuaded to change her religion
,
98 Communication
V.
97/93 Para 71
. )\'. C '
99 (1982) ECHR, para 28.
( ",.
Iao Sudan Accedded to the ICCPR on 18 March 1986, See,
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