the opcat activities 8 The OPCAT activities Under the 1984 UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“Convention against Torture”), states parties have undertaken to take effective legislative, administrative, judicial and other measures to prevent acts of torture within any territory under its jurisdiction. Explicit torture bans are also contained in a number of other UN conventions. The European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and the Charter of Fundamental Rights of the European Union (EU Charter) also contain bans on torture. The ECHR has been in force under Swedish law since 1995. In addition, the Instrument of Government, a part of the Swedish Constitution, contains a ban on torture.1 According to the Instrument of Government, each and every individual is protected against corporal punishment, and no one may be subjected to torture or undue medical influence for the purpose of forcibly extracting or obstructing a statement. 1.1 Torture and cruel, inhuman or degrading treatment The first article of the UN Convention against Torture contains a relatively comprehensive definition of the meaning of torture. In short, torture means that someone intentionally suffers serious psychological or physical pain or suffering for a specific purpose, for example to extract information forcibly or to punish or threaten an individual. The Convention lacks definitions of cruel, inhuman or degrading treatment. The European Court of Human Rights (ECHR) has ruled that inhuman treatment should include, as a minimum, treatment that intentionally causes someone serious psychological or physical suffering and which, in a specific situation, can be regarded as unjust. Degrading treatment refers to an act that produces a feeling of fear, anxiety or inferiority in the victim. Subjective circumstances such as a victim’s gender and age are of great importance in determining whether certain treatment or punishment is degrading. Treatment can be degrading even if no one but the victim themselves has witnessed or learned about it. 1.2 The Convention against Torture and OPCAT The Convention against Torture has been in force in Sweden since 1987. State parties to the Convention are examined by a special committee known as the 1 Chapter 2, Section 5 of the Instrument of Government.

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