be interpreted “so as to extend… the widest possible protection against abuses, whether physical or mental.”567 4.2 States Parties’ Obligations Many of these obligations are laid out in the Robben Island Guidelines, which were adopted by a resolution of the Commission.570 However, these guidelines, unlike the African Charter, are non-binding, and therefore offer only an interpretive aid to the Commission and Court, as well as political leverage to States and NGOs. 4.2.1 Duty to protect from ill-treatment by private actors The ACHPR places a greater emphasis on the duties of individuals than do other international and regional human rights instruments, with Chapter II of the Charter (Articles 27–29) specifically enumerating such duties. The African Commission has held that “Human dignity is… 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.”571 However, only States may be held liable for violations under the individual communications procedure, and State liability requires some link to the State machinery or an individual acting in an official capacity. Media Rights Agenda v Nigeria, AfrCommHPR, Communication No. 224/1998, 28th session, 23 October–6 November 2000, §71. See also Huri-Laws v Nigeria (2000), op. cit., §40; Purohit and Moore v The Gambia (2003), op. cit., §58. 568 Zimbabwe Human Rights NGO Forum v Zimbabwe (2006), op. cit., §155. 569 Ibid. 570 Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa (“Robben Island Guidelines”), adopted by AfrCommHPR, Res.61(XXXII)02: Resolution on Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa (2002). 571 Purohit and Moore v The Gambia (2003), op. cit., §57. 4 The AFrican Regional System The African Commission has made it clear that different means are at a State’s disposal in choosing how to provide effective protection of human rights.568 Nonetheless, some minimum requirements exist, and the Commission considers that “It could well be assumed that for non-derogable human rights [including the right not to be subjected to torture] the positive obligations of States would go further than in other areas.”569 This section will examine the nature of the States Parties’ positive obligation to ensure the right not to be subjected to torture and other cruel, inhuman or degrading treatment. 567 129