In the case of Ireland vs. United Kingdom, the European Court of Human Rights held that the level of pain and suffering is the distinguishing factor between torture and other cruel, inhuman or degrading treatment.22 However, the UN Special Rapporteur Manfred Nowak, in his first report to the Committee on Human Rights in 2005, observed that the decisive criteria for distinguishing torture from other cruel, inhuman or degrading treatment may best be understood to be the purpose of the conduct and the powerlessness of the victim, rather than the intensity of the pain or suffering inflicted, as argued by the European Court of Human Rights and many scholars.23 4. Overview of National Legislation Penalising Acts of Torture Since the independence of Bangladesh, long before the appearance of the CAT, the Constitution of Bangladesh as the supreme law of the country has guaranteed protection from torture and other cruel, inhuman or degrading punishment or treatment for any individual within its territory. Article 35 (5) of the Constitution specifically stipulates that “no person shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment”. This protection is guaranteed as one of the fundamental rights, derogation from which is not permissible under normal circumstances. 22 23 28 ECt.HR, Ireland vs. United Kingdom, January 18, 1978, sec. 162. E/CN 4/2006/6.