is included within the definition, so the threat of torture may itself amount to psychological torture.40 1.1.2.2 Purpose UN TREATY BODIES The purposes specifically named in Article 1 do not constitute an exhaustive list; “such purposes as” indicates that other similar purposes may be included. The element joining these purposes is perhaps best understood as “some connection with the interests or policies of the State and its organs.”41 Sufficiently severe pain or suffering inflicted by a public official purely sadistically, but for no other purpose, would therefore appear to be excluded from the definition of torture. However, it is likely that such behaviour would come within the scope of the UNCAT if there was an additional element of punishment or intimidation, and acquiescence by the State.42 1 1.2 States Parties’ Obligations 1.2.1 Duty to protect from ill-treatment by private actors – ICCPR The prohibition on torture and ill-treatment in the ICCPR applies regardless whether the acts were committed by “public officials” or “other persons acting on behalf of the State”, or “private persons” and “whether by encouraging, ordering, tolerating or perpetrating prohibited acts.”43 Thus, the prohibition on illtreatment does not merely create a negative duty on State agents not to engage in such treatment. The State also has positive duties to protect persons under its jurisdiction from acts of private individuals.44 – UNCAT The UNCAT specifies that, to qualify as torture or other cruel, inhuman or degrading treatment, the pain or suffering must be inflicted at the instigation, or with the consent or acquiescence, of a public official or other person acting in an official capacity. This requirement means that States are not generally responsible for acts beyond their control. However, they can be held responsi This is well-established. See, for example, CAT, Report on Argentina, UN Doc. A/45/44, 1990, §154. 41 Burgers and Danelius, The United Nations Convention against Torture, Martinus Nijhoff, Dordrecht, 1988, p. 119. 42 Ibid. See also sections 1.1.2.1 and 1.2.1. 43 HRC, General Comment No. 20, 1992, §13. 44 See also HRC, General Comment No. 31, “Nature of the General Legal Obligation Imposed on States Parties to the Covenant”, UN Doc. CCPR/C/21/Rev.1/Add.13 (26 May 2004), §8. 40 13