ventilated cells of 60 by 80 centimetres, without light, where the detainee could only stand or crouch is also assessed as torture.15 Furthermore, the Committee against Torture, which monitors the implementation of the UNCAT, found, that forcing persons under interrogation to spend the night in the interrogation rooms lying handcuffed on the floor amounts to torture16. The third element of the definition of torture, which distinguishes it from other forms of ill-treatment, is the intention, which means that the torturer acts intentionally when inflicting severe pain or suffering on the victim. Purely negligent behaviour cannot qualify as torture. The torturer’s intention is directed at inflicting severe pain or suffering as well as at achieving a certain purpose, such as intimidation or punishment.17 The fourth element of torture is achieving a specific purpose by this conduct. Art. 1 UNCAT explicitly lists purposes such 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” 18. In short, these purposes include: extracting a confession, obtaining from the victim or a third person information, punishment, intimidation or coercion and discrimination. All the purposes listed refer to a situation in which the victim of torture is detained or under the factual power or control of the torturer. The perpetrator uses this unequal power relation in order to achieve a certain purpose, such as coercion.19 To sum up, strictly interpreting the definition of torture, torture cannot be committed by private persons without at least acquiescence of State officials, cannot be done through negligence and cannot be committed without a specific purpose.20 Cruel, Inhuman or Degrading Treatment or Punishment Art. 16 UNCAT obliges States parties to prevent acts of cruel, inhuman or degrading treatment or punishment (CIDT) which do not amount to torture. A clear distinc- tion between torture and other forms of ill-treatment is difficult to make, the definitional threshold between torture and CIDT is often blurred in practice. States have to prevent both torture and other forms of ill-treatment and these obligations largely overlap.21 The purpose of the conduct, the powerlessness of the victim and the intention of the perpetrator are the decisive elements distinguishing torture from cruel and inhuman treatment. The infliction of severe pain or suffering by negligence and/or without any purpose as defined in Art. 1 UNCAT might qualify as cruel and inhuman treatment. If the victim is not in detention or under the direct control of the perpetrator, i.e., is not powerless, ill-treatment can never be regarded as torture. Typical examples for CIDT are excessive use of force by law enforcement officials for the purposes of arresting a person, quelling a riot or dissolving a violent demonstration. In case the pain inflicted upon the victim is less than severe, it may be qualified as degrading treatment if it shows a particularly humiliating element.22 One common element of torture and other forms of illtreatment, however, is the involvement of a public official or someone acting in an official capacity.23 2.1.2 Broad Approach to the Prohibition of Torture and other Forms of Ill-treatment The traditional understanding of torture sees torture as pain or suffering which is inflicted on a person in State custody. Traditionally, the prohibition of torture and other forms of ill-treatment covers acts perpetrated during the interrogation, punishment or intimidation of a detainee. In the meantime it is acknowledged by the international community that torture and other forms of ill-treatment can be perpetrated in different ways and contexts, also outside the traditional detainee context. A broader approach to the question of what conduct constitutes torture or other forms of ill-treatment encompasses, for example, genderbased violence including female genital mutilation, domestic violence, rape, denial of reproductive rights and human trafficking.24 The Human Rights Committee requires an expansive approach to torture and holds that Art. 7 ICCPR does not only refer to acts which cause “physical pain but also to acts Report of the Committee against Torture Report of the Committee against Torture CAT General Comment No. 2: Implementation of article 2 by States parties, The United Nations Convention against Torture: A Commentary Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment Torture in International Law – A guide to jurisprudence Gender and Torture – Conference Introduction to the International Human Rights Regime Report 15