A/72/178
B.
Definition of torture
20. Torture has been defined in many universal and regional instruments, albeit
not always in precisely identical terms. 28
21. A definition of torture was set out in article 1 of the Declaration on the
Protection of All Persons from Being Subjected to Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment of 1975, as follows:
1.
... torture means any act by which severe pain or suffering, whether
physical or mental, is intentionally inflicted by or at the instigation of a public
official on a person for such purposes as obtaining from him or a third p erson
information or confession, punishing him for an act he has committed or is
suspected of having committed, or intimidating him or other persons. It does
not include pain or suffering arising only from, inherent in or incidental to,
lawful sanctions to the extent consistent with the Standard Minimum Rules for
the Treatment of Prisoners.
2.
Torture constitutes an aggravated and deliberate form of cruel, inhuman
or degrading treatment or punishment.
22. Article 1 of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment of 1984 provides that:
The term “torture” means any act by which severe pain 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.
23. Article 2 of the Inter-American Convention to Prevent and Punish Torture of
1985 provides that:
Torture shall be understood to be any act intentionally performed whereby
physical or mental pain or suffering is inflicted on a person for purposes of
criminal investigation, as a means of intimidation, as personal punishment, as
a preventive measure, as a penalty, or for any other purpose. Torture shall also
be understood to be the use of methods upon a person intended to obliterate
the personality of the victim or to diminish his physical or mental capacities,
even if they do not cause physical pain or mental anguish.
The concept of torture shall not include physical or mental pain or suffering
that is inherent in or solely the consequence of lawful measures, provided that
they do not include the performance of the acts or use of the methods referred
to in this article.
24. Article 7 (2) (e) of the Rome Statute of the International Criminal Court
provides that:
“Torture” means the intentional infliction of severe pain or suffering, whether
physical or mental, upon a person in the custody or under the control of the
__________________
28
10/24
See Nigel Rodley, “The definition(s) of torture in international law”, Current Legal Problems,
vol. 55, No. 1 (December 2002), p. 467.
17-12326
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