dation. They appear in the same category as slavery, which is one of only a few practices treated as seriously as torture under international law. However, this difference in approach between the ACHPR and other international instruments arises largely from historical context, and has thus far had no perceptible effect on the nature and extent of the prohibition. 4.1.1 Dignity 4.1.2 Torture The Commission has not sought to draw clear distinctions between failure to respect an individual’s dignity, cruel, inhuman or degrading treatment,560 and torture. Some authors argue that the particular gravity of the violations of Article 5 that have been found by the Commission have made such distinctions unnecessary.561 However, the Commission clearly considers torture to be an aggravated or particularly serious form of ill-treatment. In International Pen and Others (on behalf of Ken Saro-Wiwa Jr.) v Nigeria, it held that “Article 5 prohibits not only torture, but also cruel, inhuman or degrading treatment. This includes not only actions which cause serious physical or psychological suffering, but which humiliate the individual or force him or her to act against his will or conscience.”562 While this statement is ambiguous, it does suggest that, as in Purohit and Moore v The Gambia, AfrCommHPR, Communication No. 241/2001, 33rd session, 15–29 May 2003, §57. 558 Modise v Botswana, AfrCommHPR, Communication No. 97/1993, 28th session, 23 October 6 November 2000, §91. 559 Purohit and Moore v The Gambia (2003), op. cit., §58. In that case, branding persons with mental illness as ‘lunatics’ or ‘idiots’ was found to “dehumanise and deny them any form of dignity in contravention of Article 5 [ACHPR]” (§59). 560 For the purposes of this chapter, ‘treatment’ should be read so as to include ‘punishment.’ 561 See Evelyn A. Ankumah, The African Commission on Human and Peoples’ Rights: Practice and Procedures, Martinus Nijhoff, The Hague, 1996, p. 118. 562 International Pen and Others (on behalf of Ken Saro-Wiwa Jr.) v Nigeria, AfrCommHPR, Communication Nos. 137/1994, 139/1994, 154/1996 and 161/1997, 24th session, 22–31 October 1998, §79. See the Commission’s statement in a later case that “Article 5 of the Charter prohibits not only cruel but also inhuman and degrading treatment. This includes not only actions 4 The AFrican Regional System As noted above, in the African system, the right not to be subjected to torture or other forms of ill-treatment is part of the positive right to have one’s dignity respected. The Commission considers human dignity as 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.”557 This right may be violated where the State exposes individuals to “personal suffering and indignity,”558 which can take many forms, and will depend on the particular circumstances of each case.559 557 127