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may be, in quite a number of instances, the death of the victim, be it intentional or
not.
44. In the opinion of the Special Rapporteur, it is crucial to identify the many
aspects of the impact of torture on its victims in order to better appraise and address
their needs, in particular from a medico-psychosocial point of view, and to make
recommendations that would ensure the most adequate and effective reparation.
Most, if not all, torture survivors say that they will never forget what they have been
through, but can only learn to live with it.14
45. The first Special Rapporteur on torture, Peter Kooijmans, described, in his first
report to the Commission on Human Rights (E/CN.4/1986/15), how the victim’s
personality, which constitutes man’s inherent dignity, could be destroyed through
torture. As he pointed out, “[t]orture is the violation par excellence of the physical
and mental integrity — in their indissoluble interdependence — of the individual
being. Often a distinction is made between physical and mental torture. This
distinction, however, seems to have more relevance for the means by which torture
is practised than for its character. Almost invariably the effect of torture, by
whatever means it may have been practised, is physical and psychological. Even
when the most brutal physical means are used, the long-term effects may be mainly
psychological, even when the most refined psychological means are resorted to,
there is nearly always the accompanying effect of severe physical pain. A common
effect is the disintegration of the personality (para. 4).” Indeed, in addition to the
physical injuries, infliction of physical pain creates fear, anxiety, frustration and
humiliation. According to the information received, infliction of pain is also
frequently accompanied by mental pressure, such as verbal abuse, mocking,
degrading treatment, threats or sham executions. Whether it is accompanied by
mental pressure or not, the infliction of physical pain invariably leads to mental
suffering as well. Thus, treating only the physical signs of torture cannot be
sufficient.
46. Poor detention conditions, such as overcrowding, inadequate sanitation and
hygiene, lack of food and medical assistance, not only may put at risk the physical
integrity of detainees, but have far-reaching consequences on their mental integrity.
The Special Rapporteur has observed that in some cases detainees are deliberately
subjected to poor conditions while in pre-trial detention in order to break their will
and to elicit confessions and information, or to be able to present them before the
court as unwholesome and dangerous, which would erode any sympathy they might
have received from the judge.15 The Special Rapporteur also notes that prolonged
solitary confinement in conditions of severe material deprivation and with no or
little activity may have a serious impact on the psychological and moral integrity of
the prisoner.16
47. Torture and other forms of ill-treatment may take such a wide variety of forms
that the whole range of their physical sequelae can hardly be exhaustively described.
However, amongst the most common sequelae are loss of hearing or sight, skin
lesions, fractures, sexual dysfunction, cardiopulmonary, gastrointestinal,
musculoskeletal and neurological problems, and infectious diseases.17 It must be
noted that victims are often subjected to multiple forms of torture and ill-treatment,
which may result in overlapping injuries. While some of the physical sequelae of
torture may be medically treated and may eventually disappear with time, others
will remain a visible stigma, sometimes still painful, that victims will have to bear
13
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