SUMMARY OF ANSWERS TO QUESTIONS POSED BY THE REFERENCE (i) how international human rights instruments, standards and mechanisms define ‘torture’ and other forms of ill-treatment, including with reference to detention, interrogation, medical experimentation and facilities, corporal punishment, gender specific forms and sexual abuse. The Advisory Council of Jurists is asked to develop a list of minimum standards of interrogation in light of the above analysis. • Torture is prohibited under international law. The prohibition is applicable to all states, irrespective of whether they are parties to any relevant treaties. • The ICCPR, article 7, and the UDHR, article 5, provide that no-one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. However, these terms are not defined. • The four Geneva Conventions of 1949 and the two Additional Protocols of 1977 prohibit torture and related practices (see for example, article 3 of the Geneva Conventions). Torture is not defined. Definition of torture • The following definitions are not intended to be exhaustive and concepts of what is included in torture or cruel, inhuman or degrading treatment or punishment can evolve over time to encompass a wider range of conduct. • 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 24