Tools of Torture and Repression in South America other authority, for reasons of humanitarian assistance, treatment, guardianship, protection, or because of crimes or legal offenses.94 Inter-American Convention to Prevent and Punish Torture With the exception of Guyana, all of the countries included in this report have signed and ratified the legally-binding Inter-American Convention to Prevent and Punish Torture. However, Guyana is a State Party to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Although beyond the scope of this report, an overview of the implementation of the Inter-American Convention to Prevent and Punish Torture, UN CAT and the Optional Protocol to UN CAT would be useful. The Inter-American Convention to Prevent and Punish Torture defines torture as follows: Article 2 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. Noting the vulnerability of persons placed in detention, the IACtHR has stated that ‘Any use of force that is not strictly necessary to ensure proper behaviour on the part of the detainee constitutes an assault on the dignity of the person, in violation of Article 5 of the American Convention’.95 In spite of this, those deprived of their liberty continue to suffer torture and ill-treatment in places of detention throughout the region, often through the unnecessary, arbitrary or disproportionate application of force. Certain types of law enforcement equipment are regularly used in carrying out these acts. Restraints96 Restraints are applied to the body to restrict the movement of an individual. While some restraints are inherently cruel and should be prohibited (e.g. thumb cuffs, weighted leg irons), others serve a legitimate law-enforcement purpose if used correctly (e.g. ordinary handcuffs). While an investigation into the use of various restraints in places of detention in Latin America would be of value, this report will only consider ordinary handcuffs. 94 Inter-American Commission on Human Rights, Revision of the United Nations Standard Minimum Rules for the Treatment of Prisoners, 8 October 2013, UN Doc. UNODC/CCPCJ/EG.6/2014/INF/2, p.3. 95 Inter-American Court of Human Rights, Case of Loayza-Tamayo. Judgment of 17 September 1997. Series C No. 33, para. 57. 96 For more information on different types of restraints and the human rights implications of their use, please see: Omega Research Foundation, China’s Trade in Tools of Torture and Repression, 2014. 25