1.3)
The Relevance of “other Cruel, Inhuman or Degrading Treatment or
Punishment” 1
Article 1 of the CAT only defines “torture”, but not “cruel”, ‘inhuman” and “degrading”. These
three terms are considered as lesser forms of torture, but are acts that could potentially lead
to mental or physical torture if they are seemed to be acceptable and are not prevented early.
Therefore in eliminating torture, prevention at an early stage is extremely important.
1.4)
Compatibility between the Syariah Laws and the CAT 2
Under the Syariah laws in countries like Malaysia and Maldives, corporal punishment is a valid
sentence. The Maldivian government claimed that the existence of the corporal punishment
under the Syariah laws, though not implemented, is not to inflict pain, but rather it is to shame
the offenders. However, although there is no pain involved in the punishment, the intention to
humiliate the offenders is inconsistent with the objectives of the CAT which include the prevention
of “degrading” treatment or punishment. The Maldivian Government later acknowledged that
while they did operate under the Syariah laws, they also had obligations to fulfill under the CAT.
1.5)
Death Penalty under the CAT 3
The imposition of death penalty by countries per se does not violate the provisions of the CAT,
though there are some schools of thought that take the view that the death penalty does amount
to torture, cruel, inhuman and degrading punishment and therefore should come under the
purview of CAT. The main concern of the CAT regarding the death penalty is with the treatment
and punishment of the convicted offender pending execution, such as prolonged incarceration
which amounts to cruel and degrading treatment. It should be noted that there are countries
such as those in the European Union that did not abolish the death penalty by virtue of being a
member to CAT, and there are CAT state parties that still maintain the death penalty under their
laws.
1.6)
The Effectiveness of Corporal Punishment 4
The effectiveness of the imposition of corporal punishment, which amounts to torture, in deterring
crimes should be reviewed. There are countries that do not have corporal punishment under their
laws with no increase in the crime rates.
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