Seen from the perspective of human rights, the concept of torture implies four
aspects: 1. infringement of human rights; 2. dishumanisation, cruelty and degradation
of people; 3. prevention of torture; psychological recovery of persons subject to
torture.
The Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment defines torture as “any act by which severe pain or
suffering, whether physical or mental, is intentionally inflicted on a person for such
purposes as obtaining from him or a third person information or a confession,
punishing him for an act he or a third person has committed or is suspected of having
committed, (...) or for any reason based on discrimination of any kind, when such
pain or suffering is inflicted by or at the instigation of or with the consent or
acquiescence of a public official or other person acting in an official capacity. It
does not include pain or suffering arising only from, inherent in or incidental to
lawful sanctions.” (art. 1).
The interpretation of this article shows four defining features of the concept
of “torture”, i.e.: 1. severe pain or suffering (physical or moral); 2. intention; 3.
purpose; 4. public authority.
At the same time, one has to distinguish between the accidental and
systematic character of torture, as systematic torture is supported by any kind of
Power, as a system of domination (RuxandraCesereanu, op. cit.)
In its practice, the European Court of Human Rights specifies the concepts of
torture, inhuman treatment, degrading treatment, based on two criteria:
1. the intensity of the suffering borne by the victims:inhuman treatment –
treatment intentionally causing mental of physical suffering of severe intensity;
degrading treatment – treatment seriously humiliating an individual in front of
his/her peers, making him/her act against his/her will or conscience or bringing
him/her down in his/her own eyes; torture – inhuman, intentional treatment, that
causes extremely serious and cruel suffering.
2. the relative assessment of the seriousness of ill treatment: to be assessed
depending on the duration of the treatment, the physical or mental effects; sometimes
depending on sex, age, state of healthof the victim.
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