(CAT) was adopted.5The CAT is the first binding international
instrument exclusively dedicated to the struggle against
torture.
Definition of ‘Torture’ in the CAT, Art. 1:
‘Torture’ is 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.
While drafting the CAT, the issue as to what constitutes
‘severe pain’ was elaborately discussed by the Working
Group of the Commission on Human Rights. However, the
framers of the Draft Convention for the Prevention and
Suppression of Torture6 did address the problem and offered
explanation to the effect that “[t]he scope of ‘severe’
5
6
22
GA Res. 39/46, UN GAOR, 39th session, Supp. No. 51, at 197, UN Doc A/39/51
(1984).
For the text of the Draft Convention, see, the Draft Convention for the
Prevention and Suppression of Torture, submitted by the International
Association of Penal Law, UN Doc. E/CN4/NGO/213 (1978).