CAT: A Study on Bangladesh Compliance
The CAT is also quite explicit concerning the cruel, inhuman
and degrading punishments, which do not fall under the
rubric of ‘torture’ as defined in Article 1. Article 16 (1) of the
Convention stipulates that each State Party shall undertake
to prevent such cruel, inhuman or degrading treatment or
punishment not amounting to torture, when such acts are
committed by or at the instigation of or with the consent or
acquiescence of a public official or other person acting in an
official capacity. State responsibility to prevent and
investigate such acts as well as to compensate the victims of
such acts is also enunciated in the same Article.
However, the line dividing torture, on the one hand, and
other cruel, inhuman or degrading treatment or
punishment, on the other, is very thin. Many describe torture
as the highest point of a continuous development, which
comprises cruel, inhuman or degrading treatment.20 As a
result, a cruel, inhuman or degrading treatment could be
considered as a form of ill treatment that is not sufficiently
serious as to constitute torture. Under such a threshold,
once a certain level of gravity is reached, an act qualifies as
degrading treatment. Degrading treatment, when it reaches
a certain severity can be re-classified as inhuman treatment
which, in turn, if particularly serious can be classified as
torture.21 The distinction between these concepts depends
on the circumstances and on the gravity of each case.
20
21
OMCT, Save the Children (London, 2000), 13.
Rahman and Islam, “Obligation of Bangladesh under Article 4 of the UN
Convention Against Torture,” 126–127.
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