meaning of Art. 7 and Art. 10 §1 of the ICCPR”268. This was the only time the
HRC has had to deal with the question of psychological torture. Nevertheless,
the HRC has reproached a State Party to the ICCPR for not having included in its
criminal code psychological torture as part of the definition of torture.
In its concluding observations, the HRC has never given examples of treatment
which amounts to torture but rather distinguishes certain forms of treatment
from torture. For instance, excessive force269, illegal or secret detention270 or
rape and sexual assaults271 are to be distinguished from torture. The HRC adds
that one must “avoid treating cases of torture as simple cases of voluntary infliction of blows and wounds”272.
In considering the merits of each case, the HRC seldom established rules out of
the cases it has considered. One can only say that generally the HRC concluded
that torture was inflicted when special means have been used to make the victim
suffer (electric prod, for instance) or when the treatment was too severe to be
considered as a mere “voluntary infliction of blows and wounds”.
II. The Purpose and the Reason
A person is said to be tortured if he or she is severely ill-treated for a specific
reason. Most often, the HRC qualifies a situation as torture when the victim was
ill-treated for political reasons such as participation in an opposition movement
to a dictatorship, acknowledgement of the organisation of political activities, or
even support of a political party273. Not only political opponents are concerned
here, but also journalists274.
ANNEX
ANNEX IV
According to the HRC, torture is inflicted not only in order to extract confessions275 but also to punish, for instance, persons who belong to or participate in
political movements276. The HRC confirms its position in its concluding observations277 stating that torture is inflicted on individuals deprived of their liberty
“including for the purpose of extracting confessions”.
78
The HRC, in its concluding observations and case law, has only had to deal with
torture committed for political reasons (cases of dictatorships in the 1980s)278,
except in one case where the HRC considered that even street children were subjected to torture,279 without explaining in which way. Nevertheless, the HRC
specifies that torture is not limited to political matters since it explains in one of
its concluding observations that torture is committed “also for political matters”.
This phrasing leaves an open interpretation of the reasons leading to the infliction of torture280. Moreover, since the HRC has urged all States to ratify the
UNCAT and has referred to the definition of torture as provided by Article 1 of
the Convention against Torture, this means that the HRC has recognised that
among the purposes for which torture could be inflicted is “any reason based on
discrimination of any kind” (e.g. racial or social reasons).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents