•
the intentional infliction of severe pain or suffering;
•
the pain or suffering can be physical or mental;
•
it must be committed by persons exercising public authority; and
•
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
•
such pain or suffering must not arise only from, or be inherent in or incidental to, lawful
sanctions.
Outside the scope of CAT the involvement of a public official is not, however, required.
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; but
•
the treatment need not be intended to cause suffering.
Degrading treatment:
•
must be of sufficient severity; involving some form of gross humiliation or debasement;
interfering with the dignity of the person; but
•
it is not necessary that the purpose of the treatment was to humiliate or debase the victim.
2. Interrogation should never take place at secret interrogation centres. If a person is
detained for interrogation, relatives or a third person of the person’s choice and, where
applicable, consular authorities should be informed immediately of the fact and place
of detention and/or that of interrogation.
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For a more detailed discussion on how international human rights instruments, standards and mechanisms
define torture, please refer to the Advisory Council of Jurists Reference on Torture: Final Report at 68 – 100.
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