include pain or suffering arising only from, inherent in or
incidental to lawful sanctions.”
10.3
Article 5 of the Universal Declaration on Human Rights bans torture
by providing that no one shall be subjected to torture or to cruel, inhuman
or degrading treatment or punishment. The International Covenant on
Civil and Political Rights in Article 7 provides:
‘No one shall be subjected to torture or to cruel, inhuman or
degrading treatment or punishment. In particular, no one shall be
subjected without his free consent to medical or scientific
experimentation.’
10.4
Article 5 of the African Charter on Human and Peoples’ Rights states
that:
‘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.’
10.5
From the definition of torture, any person alleging torture must prove the
following elements in order to succeed:
i)
That s/he suffered severe pain or suffering, whether physical or
mental;
ii)
That the pain was intentionally inflicted by or at the instigation of
or with the consent of a public official or any other person acting
in an official capacity;
iii)
The act or omission must be inflicted for any of the following
reasons: 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
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