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. Rehman (2010) supports steiner point by claiming that there is some differences between the three regional systems on the definition of torture and other corporal punishment. It could be said that, torture ,inhuman and degrading treatment is prohibited by the ECHR even in the war and public emergency and there is no exceptions. The most important point that should be mentioned is that the ECHR give the definition of torture, inhuman and degrading treatment or punishment. It defined as a ’’ deliberate, inhuman treatment causing very serious and cruel suffering‘‘ whereas, inhuman punishment means that ’’punishment causes intense physical and mental suffering‘‘.. This may give a clear picture about all of them and makes it easy to distinguish between them . However, the Inter-Americans system and the European system are dissimilar in that the Inter-American system has not differentiate between torture, inhuman and degrading treatment. Torture defined as ’’any act purposely performed whereby physical or mental pain or suffering is inflicted for the aim of personal punishment, as a penalty, criminal investigation or for other purpose‘‘. It must not include physical or mental pain or not only include the consequence of lawful measures . It could be said that it is difficult to distinguish between torture, inhuman and degrading treatment Because the OAS does not distinguish between them. This may cause a controversial issue when there is a case and they want the court to decide is this action torture or other types of corporal
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The acts should be a norms of jus cogens and the principle customary international law not like the Inter-Americans which mentioned that the act should be mens rea and actus reas. Although the Africans charter prohibits torture and other corporal punishments but there is no clear defined of this right compared with the expansion definition of corporal punishment in European commission and court of human rights and committee against torture. This leads some domestic African courts to relied on the European court of human rights. A good illustration of this is that the decision of the Zimbabwean Supreme court in State v. Ncube and other. In this case, there is three persons convicted of offences against children (rape). The three men were put in prison with labour and flogging ’’for six strokes‘‘. This made controversial debate in Africa because flogging punishment violated the Zimbabwean constitution and there is no clear definition of the corporal punishment in the Africans charter. This is the second weakness in the Africans conventions
The acts should be a norms of jus cogens and the principle customary international law not like the Inter-Americans which mentioned that the act should be mens rea and actus reas. Although the Africans charter prohibits torture and other corporal punishments but there is no clear defined of this right compared with the expansion definition of corporal punishment in European commission and court of human rights and committee against torture. This leads some domestic African courts to relied on the European court of human rights. A good illustration of this is that the decision of the Zimbabwean Supreme court in State v. Ncube and other. In this case, there is three persons convicted of offences against children (rape). The three men were put in prison with labour and flogging ’’for six strokes‘‘. This made controversial debate in Africa because flogging punishment violated the Zimbabwean constitution and there is no clear definition of the corporal punishment in the Africans charter. This is the second weakness in the Africans conventions