4. Article 7 of the ICCPR does not provide such a definition, neither does the Arab
Charter, and the Human Rights Committee has been clear about not limiting
the acts that could fall within this provision.273
5. The provisions on prohibition of torture cover both physical and mental ill
treatment.274
6. Not all types of treatment or punishment will fall within that which is torture or
cruel, inhuman and degrading. Whether something amounts to torture, as
opposed to cruel, inhuman or degrading treatment or punishment, is not always
defined by the relevant treaty body. There are no definitions of what is ‘cruel’,
‘inhuman’ or ‘degrading’ and as the Committee Against Torture has noted ‘in
practice, the definitional threshold between cruel, inhuman or degrading
treatment or punishment and torture is often not clear’.275 The Human Rights
Committee has held that it does not wish to make such distinctions but that it
will consider ‘the nature, purpose and severity of the treatment applied’.276 The
Inter-American and African systems have taken a similar approach. 277 In
contrast the European Court has set out criteria for what amounts to the
different acts.278 Here torture carries a particular stigma which is determined by
the severity of the treatment as well as the purpose for which it was imposed.279
Yet even the European Court is unwilling to draw up a list of acts which will
amount to torture and maintains discretion in this regard. Similarly, the UN
Special Rapporteur on Torture has concluded that ‘the decisive criteria for
distinguishing torture from [cruel, inhuman or degrading treatment] may best be
understood to be purpose of the conduct and the powerless of the victim, rather
than the intensity of the pain or suffering inflicted’.280
7. The following acts have been held to amount to either torture, cruel or inhuman
or degrading treatment or punishment:
Rape;281
Wall-standing;
Hooding;
Subjection to noise;
Deprivation of sleep
273
Human Rights Committee, General Comment No.20, 44th Session (1992), para 4.
Human Rights Committee General Comment No.20, 44th Session (1992), para 5.
275
Committee Against Torture, General Comment No.2, CAT/C/GC/2/CRP.1/Rev.4 (2007), para 3.
276
Ibid, para 4.
277
Inter-American Court, see e.g. Gómez-Paquiyauri Brothers v Peru, 8 July 2004; Luis Lizardo Cabrera
v Dominican Republic, 17 Feb 1998. African Commission, Communications 137/94 et al, International
Pen and others (on behalf of Ken Saro-Wiwa Jr.) v Nigeria, 31 October 1998.
278 The Greek Case, European Court, 1969; Ireland v UK, 18 January 1978.
279 Selmouni v France, 28 July 1999.
280
Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or
punishment, Manfred Nowak, UN Doc. E/CN.4/2006/06, 23 December 2005, para 39.
281 Aydin v Turkey, European Court of Human Rights, (Grand Chamber) 25 September 1997. InterAmerican Commission, Report No. 5/96, Case 10.970 v. Peru, March 1, 1996, , Annual Report of the
Inter-American Commission on Human Rights 1995, pp. 158-159.
274
64
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents