2. Key Definitions:
a. Torture:
Torture has been defined under Article 1(1) of the United Nations Convention on
Torture, 1987 (UNCAT) as:
“For the purposes of this Convention, the term "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. It does not
include pain or suffering arising only from, inherent in or
incidental to lawful sanctions.”3
This definition contains three elements:
the intentional infliction of severe mental or physical suffering
by a public official, who is directly or indirectly involved
for a specific purpose.
The definition of torture in the Inter-American Convention to Prevent and Punish
Torture goes further by stating that the torture need not be severe, and includes the
use of methods to diminish the personality or physical and mental capacity of a person,
even if such harm does not occur.
The prohibition against torture under international law applies to many measures—e.g.,
beating on the soles of the feet; electric shock applied to genitals and nipples; rape;
waterboarding/near drowning through submersion in water; near suffocation by plastic
bags tied around the head; burning; whipping; needles inserted under fingernails;
mutilation; hanging by feet or hands for prolonged periods.
3
UN General Assembly, Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, 10 December 1984, United Nations, Treaty Series, vol. 1465, p. 85, available at:
https://www.refworld.org/docid/3ae6b3a94.html
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