2. Key Definitions: a. Torture: Torture has been defined under Article 1(1) of the United Nations Convention on Torture, 1987 (UNCAT) as: “For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.”3 This definition contains three elements: the intentional infliction of severe mental or physical suffering by a public official, who is directly or indirectly involved for a specific purpose. The definition of torture in the Inter-American Convention to Prevent and Punish Torture goes further by stating that the torture need not be severe, and includes the use of methods to diminish the personality or physical and mental capacity of a person, even if such harm does not occur. The prohibition against torture under international law applies to many measures—e.g., beating on the soles of the feet; electric shock applied to genitals and nipples; rape; waterboarding/near drowning through submersion in water; near suffocation by plastic bags tied around the head; burning; whipping; needles inserted under fingernails; mutilation; hanging by feet or hands for prolonged periods. 3 UN General Assembly, Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 10 December 1984, United Nations, Treaty Series, vol. 1465, p. 85, available at: https://www.refworld.org/docid/3ae6b3a94.html 5

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