CAT/C/39/2
page 58
245. It is clear, anyway, that the Convention sought to distinguish violations of human rights
deemed as torture from those that would constitute other cruel, inhuman or degrading treatment
or punishment, even if in any case those are serious violations of human rights that need to be
prevented and punished. From the provisions of the Convention one can note that other cruel,
inhuman or degrading punishment would be violations of a different, lower degree (“which do
not amount to torture”), which receive a specific treatment in the Convention, in conformity with
its article 16.
246. The Brazilian Government takes note that the Committee against Torture (CAT) has not
been taking into consideration the distinction between torture and other cruel, inhuman or
degrading treatment, either within the scope of the analysis of periodic reports or in the
examination of individual communications. Greater clarity in those distinctions would be
important to better elucidate the obligations of States and of the normative contents of the
conventional terms, thus leading to a more adequate protection of individuals and groups.48
247. Despite having equally utilized a “global approach”49 on the application of article 7 of the
International Covenant on Civil and Political Rights50 (ICCPR), which also prohibits torture and
other cruel, inhuman or degrading treatment or punishment, the Committee on Human Rights
recognized, in its General Comment no. 20, that although it does not consider necessary to define
a list of prohibited actions and establish sharp differences among the different types of treatment
or punishment, the distinctions depend on the nature, purpose and severity of the treatment
applied. It is also useful to observe that ICCPR contains different provisions on the prohibition
of torture and other cruel, inhuman or degrading treatment or punishment (article 7) and on the
humane treatment of persons deprived of freedom (article 10), object of two different General
Comments (GCs no. 20 and 21). This amounts to a strong indication of the different nature of
violations deriving from the practice of torture and other forms of ill-treatment and from
inadequate conditions of deprivation of freedom.
248. So far, the issue was further developed within the European system of human rights, in the
interpretation and application of article 3 of the European Convention on Human Rights, which
could be utilized, mutatis mutandis, for a better understanding of the provisions of the
Convention Against Torture. The recognition that the distinction between torture and other
inhuman treatment is rooted mainly in the “difference of intensity of the suffering inflicted”
should be stressed.51 Torture would thus be “an aggravated and deliberate form of cruel,
48
BARRETT, J. The Prohibition of Torture under International Law, Part 2: The Normative
Content, The International Journal of Human Rights, Volume 5, Issue 2, Jan 2001, pp. 1-29,
pp. 1-2.
49
RODLEY, Nigel. The Treatment of Prisoners under International Law, Oxford: Claredon
Press (1983), p. 71.
50
“No one shall be subjected to torture or to cruel, inhuman or degrading treatment or
punishment. In particular, no one shall be subjected without his free consent to medical or
scientific experimentation.
51
ECHR, Ireland v. the United Kingdom, Judgement of 18 January 1978, § 167.
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