II. INDIVIDUAL ANALYSIS OF ARTICLES 1–16 OF
THE CONVENTION
1. METHODOLOGY
In order to achieve uniformity in the analysis of the substantive provisions of the
Convention, each article will be considered the following way:
1) The article is cited;
2) Key elements of its provisions are summarised;
3) The article is interpreted subsection by subsection.
The interpretation of certain articles will be more detailed than that of others.
This may be a reflection of the fact that certain articles are of more practical
importance than others, and may therefore more frequently give rise to cases
and comments. In some cases, however, it may merely reflect a lack of available
information or discussion about the article.
A number of Convention articles cross-reference other articles; thus some information may be repetitive.
Article 1
1. For the purposes of this Convention, the term “torture�� means 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
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 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.
2. This article is without prejudice to any international instrument or
national legislation which does or may contain provisions of wider application.
Features: Definition of torture, scope of application, lawful sanction
exception, minimum level of protection
II. INDIVIDUAL ANALYSIS OF ARTICLES 1–16 OF THE CONVENTION
1. METHODOLOGY
2. ANALYSIS OF SUBSTANTIVE PROVISIONS
2. ANALYSIS OF SUBSTANTIVE PROVISIONS
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