10 Human Rights in Counter-Terrorism Investigations Surveillance: the monitoring and gathering of information about (a) specific person(s), including the observation or listening to (a) person(s), their movements, conversations or other activities. It may be conducted with or without the use of a surveillance device and includes the recording of any information obtained. Surveillance is used for a specific defined purpose and limited in time. Torture: “an 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.”12 Undercover agent: any law enforcement officer or other person, including former members of a terrorist group or otherwise associated with it tasked by handlers with gathering information and evidence covertly, for instance by infiltrating an organization suspected of terrorism-related offences. In some OSCE participating States, only law enforcement officers can be involved in undercover operations. Witness: anyone who may give evidence during an investigation and/or before a court, other than suspects, which can include victims of terrorist acts. 12 United Nations, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), New York, 10 December 1984, Article 1, <http://www. un.org/documents/ga/res/39/a39r046.htm>.