children to leave the premises, confiscated his car and furniture, destroyed his father’s mill and took away his animals, and beat his father with a rifle butt.74 Cruel, inhuman or degrading treatment and punishment International instruments do not define “other cruel, inhuman or degrading treatment or punishment”. However, various bodies have given guidance on whether an act amounts to torture or to a different form of ill-treatment. The distinction between the terms relates principally to the purpose of the perpetrator rather than any difference in the intensity of the suffering inflicted.75 In all cases, the suffering can be either physical or mental. Certain acts which were classified in the past as “inhuman and degrading treatment” as opposed to “torture” could be classified differently in future.76 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, age, religion and state of health of the victim;77 but • the treatment need not be intended to cause suffering. Degrading treatment: • must be of sufficient severity; involving some form of gross humiliation78 or debasement;79 interfering with the dignity of the person;80 but • it is not necessary that the purpose of the treatment was to humiliate or debase the victim.81 74 Khomidova v Tajikistan, Communication No. 1117/2002: Tajikistan. 25/08/2004. CCPR/C/81/D/1117/2002 at [2.6] and [6.2]. 75 See the discussion in Sir Nigel Rodley “The Definition(s) of Torture in International Law” in (2002) 55 Current Legal Problems at 491. 76 Selmouni v France, judgment of the ECHR, 28 July 1999 at [101]. 77 Ireland v United Kingdom (1978) ECHR (Series A) No 25 at [162]. 78 The Greek Case (1969) YBECHR 12 at 186. 79 Campbell and Cosans v United Kingdom (1982) ECHR (Series A) No 48 at [28]. 80 East African Asians v United Kingdom (3 EHRR 76) 15 December 1973. 77