F. The State Of Rotania Constituted An Act Of Aggression

The State of Rotania infringed the sovereignty of the Republic of Adova. According to the Definition of Aggression¹⁶, “the invasion or attack by the armed forces of a State of the territory of another State, or any military occupation, however temporary, resulting from such invasion or attack, or any annexation by the use of force of the territory of another State or part thereof” should be qualified as an act of aggression. Rotania violated unlawfully crossed the border of the Republic of Adova and apprehended its citizens.

To sum up, Rotania illegally apprehended and rent Samara Penza and other Adovan citizens, because there was no extradition treaty or any other ground for extradition of these citizens. Rotania violated the sovereignty of Adova by unlawful crossing the border and abducting civilians without any form of legal process that constitutes one of the most grievous crimes - enforced disappearance. Therefore, Rotania should liable for the crimes committed.

II. THE SUBSEQUENT DETENTION AND TREATMENT OF SAMARA PENZA AND OTHER ADOVAN CITIZENS VIOLATED INTERNATIONAL LAW

A. Samara Penza And Other Adovan Citizens Were Treated In The Manner Contrary To The International Law

The State of Rotania had illegally detained the Adovan citizens and continued violating their rights while keeping them in the Camp Indigo at Merkistani. The Adovan citizens were subjected to cruel and inhuman treatment, as well as torture. In accordance with Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984, Article 1, "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity”. In Articles 33, 34 of the Compromis, Samara Penza and other Adovan citizens were being “kept partially clothed, were provided inadequate food and water, were subject to intermittent hanging by the wrists from chains and were exposed to continuous bright light, uncomfortable cold cell temperatures, and loud discordant music”. Consequently, these actions constitute torture and do violate the basic principles of international law, which are assigned by the above mentioned Convention¹⁷ (Comp. 44).

B. Actions, Committed By The State Of Rotania Constitute Torture

Samara Penza and other Adovan citizens had been suffering from ill-treatment in the Camp Indigo. The ill-treatment included practices that Colonel Vinitsa proclaimed to be used against those, who “have participated or intend to participate in terrorist act” (App.III, p.4). However, these measures are prohibited by rules of international law, independently against who they are used.

While on the subject of the actions, that should be considered as torture, it is essential to cite the decision of the European Court of Human Rights in Ireland v. the United Kingdom case¹⁸. Similarly to the present case, the Applicant in Ireland v. the United Kingdom case accused the Respondent of inhuman treatment (“subjection to noise”, “deprivation of sleep, food and drink”). The European Court of Human Rights, ruled that the use of above mentioned techniques constituted “a practice of inhuman and degrading treatment in violation of Article 3 of Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984”.