The Prohibition of Torture and Ill-treatment in the African Human Rights System: A HANDBOOK FOR VICTIMS AND THEIR ADVOCATES were in violation of Article 7 of the Charter, because the death sentence had not yet been carried out, there was no violation of Article 4 or 5 on grounds of the death penalty.236 The Commission found a violation of Article 5 for the torture and ill-treatment suffered by the complainants during their time in detention, including physical violence as well as incommunicado detention, as well as the lack of safeguards meant to prevent these acts such as access to a lawyer and doctor; however the death sentence did not lead to a violation of Article 5.237 g. Corporal Punishment In Curtis Francis Doebbler v. Sudan, eight female students of the Ahlia University in Sudan were convicted of infraction of a public order and sentenced 25 to 40 lashes, to be publicly inflicted on their bare backs. The lashes were administered with a wire and plastic whip that left permanent scars on the women. The instrument used was not clean, and no doctor was present to supervise the execution of the punishment. The students alleged that the lashings were humiliating and incompatible with the high degree of respect to women accorded by Sudanese society.238 The Commission held that there is no right for individuals, and particularly, the government of a country, to apply physical violence to individuals for minor offences. Such a right would be tantamount to sanctioning State-sponsored torture under the Charter and contrary the very nature of this human rights treaty.239 h. Other Forms of Punishment In a number of African countries, Shari’a penal laws apply. This system of law allows the stoning of a married person convicted of adultery, and of an unmarried person engaging in extra-marital sexual intercourse. For offences such as theft, the penalty is amputation of a person’s hand. INTERIGHTS (on behalf of Safiya Yakubu Husaini et al v. Nigeria240 challenged these forms of punishment, but the Commission did not find any violation, as the case was withdrawn. In an appropriate case, the Commission would – based on its general approach – likely find that Article 5 of the Charter is violated by such punishments. 236 ACHPR, Egyptian Intiative for Personal Rights and INTERIGHTS v. Egypt, Comm. No. 334/06, paras. 231-232. 237 Ibid., para. 190. 238 ACHPR, Curtis Francis Doebbler v. Sudan, Comm. No. 236/2000, 33rd Ordinary Session (29 May 2003), paras. 42-44. 239 Ibid., para. 55. 240 ACHPR, INTERIGHTS (on behalf of Safiya Yakubu Husaini and Others) v. Nigeria, Comm. No. 269/2003, 37th Ordinary Session (11 May 2005). 62