• Article 1 of CAT defines torture to include the following basic aspects: o the intentional infliction of severe pain or suffering; o the pain or suffering can be physical or mental; o it must be committed by persons exercising public authority; and o it must have a purpose, such as the obtaining of information or a confession, or the infliction of punishment, or be based on discrimination; but o such pain or suffering must not arise only from, or be inherent in or incidental to, lawful sanctions. • This definition reflects the definition of torture under customary international law, except that customary international law does not require the involvement of a public official. Cruel, inhuman or degrading treatment and punishment • According to case law, ‘cruel and inhuman treatment’ must attain a minimum level of severity, the assessment of which depends on all the circumstances of the case, including the duration of the treatment, its physical and mental effects and, in some cases, the sex, religion, age and state of health of the victim. However, the treatment need not be intended to cause suffering. • According to case law, ‘degrading treatment’ requires treatment of sufficient severity which involves some form of gross humiliation or debasement. However, it is not necessary that the treatment have this particular purpose. • The difference between cruel and inhuman treatment and degrading treatment on the one hand and torture on the other relates more to the purpose of the perpetrator rather than any gradation in suffering. Detention • Regardless of whether a state is a party to any relevant treaty, the general international law prohibition on torture and cruel, inhuman and degrading treatment or punishment applies to all persons under detention. 68