33 Article 1. Definition of Torture been achieved if the purposes were listed rather than exemplified in Article 1(1) while the Swiss delegation doubted that an exhaustive list would cover infliction of pain or suffering as a result of medical or scientific experimentation not required by the state of health of the individual. They therefore proposed that the following language be inserted after the first sentence of Article 1(1): ‘It also means medical or scientific experiments that are not justified by a person’s state of health and serve no therapeutic purpose.’35 This would have been consistent with the CCPR and its travaux préparatoires but was not included in the final text. France, in its written comments on Article 1, was adamant that torture should not be defined in terms of the status and motives of the perpetrators of acts of torture owing to the fact that this reference might afford States parties a means of evading their commitment to prevent or punish all acts of torture regardless of the identity and goals of the perpetrators.36 The Netherlands were also of the opinion that the list of purposes mentioned in Article 1(1) was illustrative, rather than exhaustive.37 32  The same issue came up again at the thirty-​fifth session of the Commission on Human Rights. During the 1979 Working Group there had been considerable discussion as to whether Article 1 should specify the purposes for which acts of torture might be perpetrated. Some delegates suggested that it would be unduly restrictive to specify any purposes at all; others indicated that the list of purposes was not an exhaustive one.38 Several proposals were made for extending the list and general agreement was reached to include as torture such acts as inflict severe pain and suffering for any reason based on discrimination of any kind.39 The United Kingdom expressed concern about including the phrase ‘or for any reason based on discrimination of any kind’ as it did not see the need to isolate this particular motivation and felt that it did not have the necessary degree of precision for a criminal offence. It requested that the following statement be included in the Group’s report: The United Kingdom shares the concern to eliminate all forms of torture, including any motivated by discrimination. The United Kingdom is doubtful of the need to isolate this particular motivation and in practical terms the United Kingdom thinks that there will in any case be difficulties in doing so with the necessary degree of precision for a criminal offence.40 During the consideration of the Convention by the General Assembly for its adoption in 1984 the United States expressed its view that Article 1 should be understood to apply to both specific purposes mentioned in the definition, and to purposes or motives regardless of whether or not they were mentioned in Article 1.41 This proposal was reminiscent of similar proposals made during the drafting of the 1975 Declaration for the inclusion of ‘or for any other purpose’ after the words ‘or other persons’.42 The United Kingdom made a further proposal to include in the definition the phenomenon of ‘gratuitous torture’.43 Finally Portugal sought to add to the non-​exhaustive list, the use of psychiatry ‘for the purpose of prolonging the confinement of any person subjected to a measure or penalty involving deprivation of freedom’.44 It was also agreed that coercion should be included amongst the purposes listed in order to broaden their scope.45 36 37   E/​CN.4/​1314 (n 8) 9, para 37.   ibid 6, para 31.   A/​39/​499 (n  28). 39 40   E/​CN.4/​L.1470 (n 7) 5, para 19.  ibid.   ibid 5, para 27. 41 42   A/​39/​499 (n 28) 21.   A/​CONF.56/​10 (n 19) 40. See also Boulesbaa (n 30) 22, n 73. 43 44   E/​CN.4/​1984/​SR.33 (n 16) 8, para 25.   E/​CN.4/​1314 (n 8) 7, para 34. 45   Burgers and Danelius (n 32) 119. 35 38 Zach