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.57
189.
Similarly, in Media Rights Agenda v Nigeria, the African Commission
held that the term “Cruel, inhuman or degrading punishment and
AC
HP
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treatment' is to be interpreted so as to extend to the widest possible
protection against abuses, whether physical or mental.”58
190.
Furthermore, since inhuman and degrading treatment also impacts on the
dignity of a person, the African Commission held in Purohit and Moore
v. The Gambia cited by the Complainants that:
Human dignity is an inherent basic right to which all human beings, regardless
of their mental capabilities or disabilities as the case may be, are entitled to
without discrimination. It is therefore an inherent right which every human
being is obliged to respect by all means possible and on the other hand it confers a
duty on every human being to respect this right.59
57
58
59
Communication 236/2000, Curtis Doebbler v Sudan, para 37. See also Communication
225/98 Huri-Laws v Nigeria and UN Body of Principles for the Protection of All Persons under
Any Form of Detention or Imprisonment.
Communication 224/98-Media Rights Agenda v. Nigeria, (2000) ACHPR.para 71.
n 14 above para 57.
54
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