painful conditions, (ii) hooding under special conditions, (iii)
sounding of loud music for prolonged periods, (iv) sleep
deprivation for prolonged periods, (v) threats, including
death threats, (vi) violent shaking, (vii) using cold air to chill
[…] constitute torture as defined in Article 1 of the CAT.”10 The
then UN Special Rapporteur on torture, Peter Kooijamans, in
his 1986 report, provided a detailed catalogue of those acts
which involve the infliction of suffering severe enough to
constitute the offence of torture, including: beating;
extraction of nails, teeth, etc.; burns; electric shocks;
suspension; suffocation; exposure to excessive light or noise;
sexual aggression; administration of drugs in detention or
psychiatric institutions; prolonged denial of rest or sleep;
prolonged denial of food; prolonged denial of sufficient
hygiene; prolonged denial of medical assistance; total
isolation and sensory deprivation; being kept in constant
uncertainty in terms of space and time; threats to torture or
kill relatives; total abandonment, and simulated executions.11
The most important aspect of torture, apart from cruelty to
the victim, is that it is an exercise of power and, from a legal
point of view, an exercise of official power.12 Therefore, the
10
See, Human Rights Committee, General Comments No. 20 (1992), para. 3, and
No. 29 (2001), para. 7. See also, Official Records of the General Assembly, 52nd
session, Supp. No. 44 (A/52/44), para. 257.
11
UN Doc. E/CN 4/1986/15, para. 119.
12
W P Nagan and A Lucie, “The International Law of Torture: From Universal
Proscription to Effective Application and Enforcement,” Harvard Human Rights
Journal 14 (Spring, 2001): 105–106.
24