148. …the public official requirement is not a requirement under customary international law in relation
to the criminal responsibility of an individual for torture outside the framework of the Torture
Convention.
The Rome Statute62 also defines ‘torture’ in the context of crimes against humanity. Article 7
provides that:
1.
For the purposes of this Statute, “crime against humanity” means any of the following acts when
committed as part of a widespread or systematic attack directed against any civilian population,
with knowledge of the attack:
…
(f) Torture;
…
2.
For the purpose of paragraph 1:
…
(e) “Torture” means the intentional infliction of severe pain or suffering, whether physical or
mental, upon a person in the custody or under the control of the accused; except that torture shall
not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions.
Examples of torture
International and regional tribunals have identified certain physical and psychological
treatment that amounts to torture when undertaken for interrogation purposes. Examples of
such physical torture or ill-treatment are:
•
restraining in very painful conditions; hooding under special conditions; sounding of loud
music or sleep deprivation for prolonged periods; violent shaking; and using cold air to
chill;63
•
beating a detainee with batons and electrocuting body parts with a metal bar causing head
and rib injuries;64
62
Adopted and opened for signature, ratification and accession in Rome on 17 July 1998, entry into force 1 July
2002.
63
Concluding observations of the Committee against Torture: Israel. Committee against Torture, 09/05/97.
A/52/44 at [257].
75