CAT: A Study on Bangladesh Compliance
encompasses prolonged coercive or abusive conduct which
in itself is not severe, but becomes so over a period of time.”7
The CAT, like other conventions referring to torture, also
includes the prohibition of ‘mental torture’ within the scope
of the prohibition of torture.8 A non-exhaustive list of
examples of mental pain or suffering amounting to torture
includes prolonged mental harm caused by or resulting from
the intentional infliction or threatened infliction of severe
physical pain or suffering; the administration or application,
or threatened administration or application, of mindaltering substances or other procedures calculated to disrupt
profoundly the senses or personality of the victim; the threat
of imminent death; or the threat that another person will
imminently be subjected to death, severe physical pain or
suffering, or the administration or application of mindaltering substances or other procedures calculated to disrupt
profoundly his or her senses or personality.9
In 1997, the Committee against Torture concluded that
“methods of interrogation [including]: (i) restraining in very
7
8
9
A Boulesba, The UN Convention on Torture and Prospects for Enforcement
(Dordrecht: Martinus Nijhoff Publishers, 1999), 17.
Nigel Rodley, the former UN Special Rapporteur on torture, has emphasised
that the prohibition of torture relates not only to acts that cause physical pain
but also to acts that cause suffering to the victim, such as intimidation or other
forms of threats. Similarly, Theo Van Boven, another former UN Special
Rapporteur on torture, observes that prolonged solitary confinement may
amount to mental torture. The mere fear of physical torture may itself
constitute mental torture. See, E/CN4/ 2001/66, para. 4–11.
Boulesba, The UN Convention on Torture, 19.
23