MONITORING PLACES OF DETENTION : A PRACTICAL GUIDE
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have 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 with the consent or
acquiescence of a public official or other person acting on an official
capacity. It does not include pain or suffering arising only from,
inherent in or incidental to lawful sanctions.” Art. 1 of the UN
Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (UNCAT), 1984
“For the purposes of this Convention, torture shall be understood
to be any act intentionally performed whereby physical or mental pain
or suffering is inflicted on a person for purposes of criminal investigation, as a means of intimidation, as personal punishment, as a preventive measure, as a penalty, or for any other purpose. Torture shall
also be understood to be the use of methods upon a person intended to
obliterate the personality of the victim or to diminish his physical or
mental capacities, even if they do not cause physical pain or mental
anguish.
The concept of torture shall not include physical or mental pain or
suffering that is inherent in or solely the consequence of lawful
measures, provided that they do not include the performance of the
acts or use of the methods referred to in this article.” Art. 2, ICPRT.
“Each State Party shall undertake to prevent in any territory under
its jurisdiction other acts of cruel, inhuman or degrading treatment or
punishment which do not amount to torture as defined in article 1,
when such acts are committed by or at the instigation of or with the
consent or acquiescence of a public official or other person acting in
an official capacity. (…)” Art. 16 UNCAT
“Corporal punishment, punishment by placing in a dark cell, and
all cruel, inhuman or degrading punishments shall be completely prohibited as punishments for disciplinary offences.” SMR, Rule 31
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