MONITORING PLACES OF DETENTION : A PRACTICAL GUIDE
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Absolute prohibition of torture
Torture is absolutely prohibited under international law and cannot
be justified under any circumstances. Protection from torture is a nonderogable human right, allowing no state derogations on any ground,
be this public emergency, state security or any other. Torture and
ill-treatment are also regarded as prohibited under customary international law.
Forms of torture and ill-treatment
The CAT definition of torture contains three essential
elements which constitute torture
■
The infliction of severe mental or physical pain or suffering
■
By or with the consent or acquiescence of the State
authorities
■
For a specific purpose, such as gaining information,
punishment or intimidation
Torture can be both mental or physical and can take very different
forms, including: electric shocks, beatings on the sole of the foot,
suspension in painful poses, beating, rape, suffocation, burning with
cigarettes deprivation of food, sleep, and communication, intimidation, mock execution.…
Sexual abuse is a method of both physical and psychological incapacitation.
Visiting teams should be aware of the fact that practices exist
which may not fall under a classic definition of torture, that are difficult to detect, and which can, in the long run, destroy the psychological balance of those deprived of their liberty. These are all the more
harmful as detained victims of these practices may be so accustomed
to this treatment that they are not in a position to identify and report
the practices in an explicit manner. The facts may be conveyed
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