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 16 | P a g e