Article 1 Definition of Torture . For the purposes of this Convention, torture means any act by which severe pain 1 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. . This article is without prejudice to any international instrument or national 2 legislation which does or may contain provisions of wider application. 1. Introduction 2. Travaux Préparatoires 2.1 Chronology of Draft Texts 2.2 Analysis of Working Group Discussions 2.3 Reservations, Declarations, and Understandings 3. Issues of Interpretation 3.1 The Definition of Torture 3.1.1 Conduct 3.1.2 Infliction of Severe Pain and Suffering 3.1.2.1 Severity as a Distinguishing Element between Torture and Ill-​Treatment? 3.1.2.2 Meaning of ‘severe pain and suffering’ 3.1.3 Intention 3.1.4 Purpose 3.1.5 Powerlessness 3.1.6 Involvement of a Public Official 3.1.6.1 Meaning of ‘public official’ 3.1.6.2 Meaning of ‘other person acting in an official capacity’ 3.1.6.3 Meaning of ‘instigation’, ‘consent’, and ‘acquiescence’ 3 .2 Is there a State Obligation Emanating Out of Article 1? 3.3 Lawful Sanctions 3.4 Savings Clause 23 24 24 25 40 42 42 42 42 42 48 53 54 56 59 59 60 61 63 64 69 1. Introduction 1  Article 1 CAT is the first provision in an international treaty which defines torture. It served as a model for the definition contained in Article 2 of the Inter-​American Convention to Prevent and Punish Torture adopted in 1985. Article 1 has to be read in conjunction with Article 16, which requires States parties to prevent ‘other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as Zach