torture and other cruel, inhuman or degrading treatment or punishment
12
Praxis
According to the ECHR, torture has some distinct features: it involves severe
mental or physical pain or suffering inflicted intentionally for a specific
purpose, for example to obtain information, as a punishment or as a form of
intimidation. According to the ECHR, torture differs from inhuman or degrading treatment in terms of the intensity or severity of the pain and suffering.6
Inhuman treatment, according to the court, at least encompasses treatment
that intentionally inflicts severe mental or physical suffering and which can be
regarded in the specific situation as unjust.
Degrading treatment is treatment that evokes a sense of fear, anxiety or
inferiority in the victim. Subjective circumstances such as the victim’s gender
and age are of great significance to determining whether treatment or punishment is degrading. Treatment can be degrading even if no one other than the
victim themselves has witnessed or gained knowledge of it.
Review bodies etc.
The CAT
The committee monitors how
states implement the provisions
of the Convention against Torture.
This work primarily involves the
committee reviewing reports submitted by the states themselves.
States are reviewed every five
years. Conclusions, comments and
decisions from the committee’s
ten independent experts have the
status of guidance with respect
to the states that have ratified the
convention. Sweden’s latest report
was reviewed in autumn 2014.
The UN Convention against Torture has been applicable in Sweden since
1987. The countries that have signed the convention are scrutinised by a
special committee, the Committee against Torture (CAT). States are to report
regularly on their compliance with the convention. If allowed by a acceding
state, private individuals may also make complaints to the committee.7 However, the UN convention does not give the committee a mandate to conduct
visits in acceding states.
Non-governmental organisations8 were early in arguing that the most effective way to prevent torture and other violations of persons deprived of their
liberty would be to introduce a system that would give them the opportunity
to conduct regular visits. Several states agreed with this view, and a protocol
supplementing the convention to this effect was adopted in 2002. The Optional Protocol to the UN Convention against Torture is more commonly known
as OPCAT.
OPCAT entered into force in 2006. OPCAT established an international committee, the Subcommittee on Prevention of Torture (SPT). It also stated that
acceding states are to appoint one or more national preventive mechanisms
(NPM9). The task of both the SPT and the national preventive mechanisms
6 Factors significant to the assessment are the duration of the abuse, its effects on physical and mental well-being,
the victim’s gender, age and state of health and how the abuse was carried out.
7 Sweden allows complaints from private individuals.
8 The International Commission of Jurists (ICJ) and the Swiss Committee against Torture (later the Association for
the Prevention of Torture, APT)
9 National Preventive Mechanism
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents