Deprivation of food and drink;282
Handcuffing of prisoners with terminal illnesses to a hospital bed, 283
although handcuffing in general probably does not reach the minimum
level of severity necessary to amount to degrading treatment;284
Using chains and leg-irons resulting in an inability to clean oneself;285
Placing an individual in a dark cell.286
8. Corporal punishment, ‘including excessive chastisement ordered as a
punishment for a crime as an educative or disciplinary measure’ is considered
to be unlawful under international law.287 Therefore, for example, ‘imposing a
sentence of whipping with ten strokes of the tamarind switch’ is a violation of
Article 7 ICCPR,288 caning,289 flogging and amputation of limbs will also violate
international law.290
9. Intimidation and threats fall within the definition of torture and ill treatment. 291
The UN Special Rapporteur on Torture has pointed out that threats and
intimidation are often a crucial element in assessing whether a person is at risk
of physical torture and other forms of ill-treatment.
10. The significance of protecting against discrimination in international human
rights law cannot be overemphasised. This also applies in the context of
detention.292 As has been stressed, a difference of treatment which cannot be
justified is likely to amount to unlawful discrimination. It is also worth noting that
severe forms of institutionalised racism can amount to inhuman and degrading
treatment.293
B. Duties on the state
11. The State has a duty in respect of the prohibition of torture under Article 7 of
the ICCPR to ‘protect both the dignity and physical and mental integrity of the
individual’ through legislative and other measures.294 The duty encompasses
the following:
282
Ireland v UK, European Court, 18 January 1978.
Henaf v France, European Court, 27 February 2004.
284 Raninen v Finland, European Court, 16 December 1997.
285 Namumjepo and others v The Commanding Officer, Windhoek Prison and Other, Namibia Supreme
Court, 9 July 1999, 2000 (6) BCLR (NmS); [2000] 3 LRC 360; (1999) 2 CHRLD 331 (Namibia).
286 UN Standard Minimum Rules for the Treatment of Prisoners, Principle 7.
287 Human Rights Committee, General Comment No.20, 44th Session (1992), para 5. Similarly, CAT,
59 UN doc. A/52/44, p. 37, para. 250.
288 Human Rights Committee, Communication 759/1997, Osbourne v Jamaica, 15 March 2000, para.
9.1; see also African Commission, Communication 236/2000, Curtis Francis Doebbler v. Sudan, (2003).
289 European Court, Tyrer v UK, 25 April 1978, p. 14, 17.
290 CAT, CAT/C/XXVIII/CONCL.6 Conclusions and Recommendations: Saudia Arabia, adopted on 15
May 2002, para. 4(b).
291 Resolution 2001/62, Commission on Human Rights.
292 Standard Minimum Rules for the Treatment of Prisoners, Article 6(1); Body of Principles for the
protection of all Persons under Any Form of Detention or Imprisonment, Principle 5(1).
293 East African Asians (British Protected Persons) v UK, European Court, 15 December 1973.
294 Human Rights Committee, General Comment No.20, 44th Session (1992), para 2.
283
65
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents