debasement attaining a minimum level of severity. That level has to be
assessed with regard to the circumstances of the case.”69
201.
In the present Communication, the African Commission finds that the
treatment against the Victims amount to physical and emotional trauma.
The treatment also has physical and mental consequences obvious from
202.
AC
HP
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the injuries sustained.
Furthermore, the level of suffering occasioned by the acts perpetrated on
the Victims which amount to inhuman and degrading treatment cannot be
overlooked. It is the Commission‟s view that the acts were debasing and
humiliating, sufficiently severe to fall within the ambit of the test
provided by John K. Modise v Botswana and the European Court to
establish inhuman and degrading treatment, and consequently, the scope
of Article 5 of the African Charter. It is also the Commission‟s view that
the Respondent State has conceded that the Victims were subject to
inhuman and degrading treatment by admitting sexual molestation.
203.
On the issue of investigation, the African Commission will like to make
reference to its “Guidelines and Measures for the Prohibition of Torture,
Inhuman and Degrading Treatment or Punishment in Africa (the Robben
Island Guidelines).”70 Article 17 of the Robben Island Guidelines provides
that States should “Ensure the establishment of readily accessible and
fully independent mechanisms to which all persons can bring their
allegations of torture and ill-treatment,” while Article 19 provides that
“Investigations into all allegations of torture or ill-treatment, shall be
conducted promptly, impartially and effectively, guided by the UN
69
Campbell and Cosans v UK(1982) ECHR, para 28.
70
Adopted by the African Commission during its 32 nd Ordinary Session in 2002.
58
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