A/72/178
28. Second, torture constitutes an aggravated form of cruel, inhuman or degrading
treatment or punishment. 34 “Aggravation” here refers to aggravated wrong, which
does not necessarily require aggravated pain and suffering. As pointed out by the
Inter-American Court of Human Rights, “the violation of an individual’s right to
physical and mental integrity has different levels that range from torture to other
types of abuse or cruel, inhuman or degrading treatment, the physical and mental
consequences of which vary in intensity according to factors that are endogenous
and exogenous to the individual (such as, duration of the treatment, age, sex, health,
context, and vulnerability), which must be analysed in each specific situation”. 35
29. Third, while the notion of cruel, inhuman or degrading treatment or
punishment may include a wide range of actions a mounting to unlawful infliction of
pain or suffering, the aggravated threshold of torture requires a number of additional
criteria that may vary slightly depending on the applicable treaty definition and its
interpretation by the relevant oversight bodies. Thus, according to the Inter-American
Court of Human Rights, “an act constitutes torture when the ill -treatment: (a) is
intentional; (b) causes severe physical or mental suffering, and (c) is committed
with a specific purpose or objective”. 36 Similarly, the African Commission on
Human and Peoples’ Rights has interpreted torture as “the intentional and
systematic infliction of physical or psychological pain and suffering in order to
punish, intimidate or gather information” and usefully pointed out that tort ure could
be carried out by “State or non-State actors at the time of exercising control over
such person or persons”. 37 According to the European Court of Human Rights,
torture, as opposed to other inhuman and degrading treatment, involves “deliberate
inhuman treatment causing very serious and cruel suffering”. 38 Both the European
Court and the African Commission have used article 1 of the Convention against
Torture as a reference point for defining torture for the purposes of the European
Convention on Human Rights and the African Charter on Human and Peoples’
Rights, 39 whereas inter-American bodies have tended to refer to the Inter-American
Convention to Prevent and Punish Torture. 40
30. As a previous mandate holder has clarified, “torture constitutes such a horrible
assault on the dignity of a human being because the torturer deliberately inflicts
severe pain or suffering on a powerless victim for a specific purpose, such as
extracting a confession or information from the victim” ( A/HRC/13/39, para. 60;
see also A/63/175, para. 50). The distinguishing factor between torture and other
cruel, inhuman or degrading treatment or punishment “is not the intensity of the
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35
36
37
38
39
40
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Convention against Torture, art. 16, and Declaration on the Protection of All Persons from Being
Subjected to Torture and Other Cruel, Inhuman or Degrading Trea tment or Punishment, art. 1 (2).
See also Inter-American Commission on Human Rights, report No. 92/05, case 12.418, para. 62;
and European Court of Human Rights, Selmouni v. France (application No. 25803/94), Judgment
of 28 July 1999, para. 96.
Inter-American Court of Human Rights, Lysias Fleury et al. v. Haiti, Judgment of 23 November
2011, para. 73.
Ibid., para. 72. See also Inter-American Commission on Human Rights, “Gayle v. Jamaica,
Merits”, para. 62.
African Commission on Human and Peoples’ Rights, communication No. 279/03-296/05, “Sudan
Human Rights Organization and Centre on Housing Rights and Evictions v. Sudan”, 27 May
2009, para. 156.
European Court of Human Rights, Selmouni v. France, Judgment of 28 July 1999, para. 96.
See, for example, European Court of Human Rights, Salman v. Turkey (application
No. 21986/93), Judgment of 27 June 2000, para. 114, and Selmouni v. France, Judgment of
28 July 1999, para. 97; and African Commission on Human and Peoples’ R ights, communication
No. 279/03-296/05, para. 156.
See, for example, Inter-American Court of Human Rights, Fernández Ortega et al. v. Mexico,
Judgment of 30 August 2010, paras. 77 and 120, and Bueno-Alves v. Argentina, Judgment of
11 May 2007, para. 78.
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