BASIS IN INTERNATIONAL INSTRUMENTS
Article 5 of the Universal Declaration of Human Rights provides that:
No one shall be subjected to torture or to cruel, inhuman
or degrading treatment or punishment.
Article 1, paragraph 1, of the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment defines torture as:
any 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.
Article 16, paragraph 1, of the Convention defines other cruel, inhuman or degrading
treatment or punishment as:
other acts of cruel, inhuman or degrading treatment or
punishment which do not amount to torture as defined in
article 1, when such acts are committed by or at the instigation
of or with the consent or acquiescence of a public official or
other person acting in an official capacity. …
Article 7 of the International Covenant on Civil and Political Rights provides that:
No one shall be subjected to torture or to cruel, inhuman
or degrading treatment or punishment. In particular, no one
shall be subjected without his free consent to medical or
scientific experimentation.
Article 2 of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment confirms the absolute nature of the prohibition
on torture:
2. No exceptional circumstances whatsoever, whether a
state of war or a threat of war, internal political instability or
any other public emergency, may be invoked as a justification
of torture.
3. An order from a superior officer or a public authority
may not be invoked as a justification of torture.
The Convention sets out the following State obligations, equally applicable to torture
and ill-treatment:
Each State Party shall ensure that education and information regarding the prohibition against torture are fully
included in the training of law enforcement personnel, civil or
military, medical personnel, public officials and other persons
who may be involved in the custody, interrogation or treatment
of any individual subjected to any form of arrest, detention or
imprisonment. [art. 10, para. 1]
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