Article 1. Definition of Torture
51
with its obligations under the Convention.141 In relation to the Republic of Korea, the
Committee noted that the sleep deprivation practised on suspects amounted to torture in
many cases and was unacceptable.142
92 The Human Rights Committee has held that the ‘enhanced interrogation techniques’ constitute a violation of Article 7, but has not clarified whether it holds that they
amount to torture or other ill-treatment.143
93 The Committee has made clear that acts of psychological torture should not be
limited to ‘prolonged mental harm’ as set out in the US understandings lodged at the
time of ratification of the Convention, but constitute a wider category of acts, which
cause severe mental suffering, irrespective of their prolongation or its duration.144 Thus,
not only systematic or prolonged conduct can inflict severe pain and suffering, but also
a single act which causes severe mental suffering fulfils the criterion outlined in Article
1.145 Both the Committee against Torture and the Human Rights Committee have found
that threats, in particular against the life of a person, amount to torture, because of the
severe pain and suffering inflicted and fulfilment of the other elements of Article 1.146 The
Committee also found that leading persons to a river bank and threatening them with
drowning if not confessing or pointing a gun to the head of the person, constitutes torture, thereby acknowledging the severe pain and suffering inflicted.147
94 The Committee has found repeatedly, that national definitions of torture not
encompassing mental pain or suffering are in breach of the Convention.148
95 In its Concluding Observations on Sri Lanka, the Committee has also pointed
out that the definition in the Sri Lankan Criminal Code, restricting torture to ‘any act
which causes severe pain, whether physical or mental’ and thus omitting ‘suffering’, is
not sufficient, as it does not cover acts that are not violent per se, but nevertheless inflict
suffering.149
96 Also dehumanizing practices such as enforced disappearance, which can have
long-lasting and very damaging consequences for the disappeared persons, as well as for
family and loved ones, may qualify as causing severe pain and suffering under Article 1.150
The Committee found ‘regrettable’ the view of the United States that involvement in enforced disappearances did not constitute a form of torture.151 It reiterated its view that
enforced disappearance constitutes torture within the meaning of Article 1 in the case
CAT, ‘Concluding Observations: USA’ (2006) UN Doc CAT/C/USA/CO/2, para 24.
A/52/44 (n 140) para 56.
143
HRC, ‘Concluding Observations: USA’ (2006) UN Doc CCPR/C/USA/CO/3/Rev.1.
144
CAT/C/USA/CO/2 (n 141) para 13; see also CAT/C/USA/CO/3-5 (n 86) para 9 and above 2.3.
145
AI, Combating Torture (n 135) 67.
146
A/52/44 (n 140) para 257; Mostafa Dadar v Canada, No 258/2004, UN Doc CAT/C/35/D/258/2004,
23 November 2005, paras 2.3, 8.6; CT and KM v Sweden, No 279/2005 (n 125) paras 2.1, 7.5; Njaru v
Cameroon, No 1353/2005, UN Doc CCPR/C/89/D/1353/2005, 19 March 2007, paras 3.1, 6.1.
147
CAT/C/75 (n 127) para 143.
148
CAT, ‘Concluding Observations: Gabon’ (2013) UN Doc CAT/
C/
GAB/
CO/
1, para 7; CAT,
‘Concluding Observations: Rwanda’ (2012) UN Doc CAT/
C/
RWA/
CO/
1, para 7; CAT, ‘Concluding
Observations: China’ (2008) UN Doc CAT/C/CHN/CO/4, para 33; CAT, ‘Concluding Observations: China’
(2016) UN Doc CAT/C/CHN/CO/5, para 7.
149
CAT, ‘Concluding Observations: Sri Lanka’ (2011) UN Doc CAT/C/LKA/CO/3-4, para 25.
150
art 24 CED; Almeida de Quinteros v Uruguay, No 107/1981, CCPR/C/19/D/107/1981, 15 October
1982, para 14; Kurt v Turkey ECHR 1998-III para 134; Ipek v Turkey App no 25760/94 (ECtHR, 17 February
2004) para 183; Blake v Guatemala, Series C No 36 (IACtHR, 2 July 1998) para 116. See also AI, Combating
Torture (n 135) 136.
151
CAT/C/USA/CO/2 (n 141) para 18.
141
142
Zach
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents