KRM 220: PART B
STUDY UNIT 9:
TORTURE
What is torture?
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
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.
Characteristics of torture
1. It must result in severe mental and/or physical suffering
- Mental or emotional pressure applied to a person may also constitute
torture; for example, threatening to harm a person’s family.
It must result in ‘severe’ suffering is not an absolute and objective
standard and will depend on the facts of the case and the context in
which the acts occurred.
2. It must be inflicted intentionally
- Purposes of torture acc. Article 1: Obtaining information, a confession, or
punishment, intimidation, or motivated by reasons of discrimination
- An act may therefore still meet the requirement of purpose if the
purpose was something other than those listed in Article.
STUDY UNIT 9:
TORTURE
What is torture?
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
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.
Characteristics of torture
1. It must result in severe mental and/or physical suffering
- Mental or emotional pressure applied to a person may also constitute
torture; for example, threatening to harm a person’s family.
It must result in ‘severe’ suffering is not an absolute and objective
standard and will depend on the facts of the case and the context in
which the acts occurred.
2. It must be inflicted intentionally
- Purposes of torture acc. Article 1: Obtaining information, a confession, or
punishment, intimidation, or motivated by reasons of discrimination
- An act may therefore still meet the requirement of purpose if the
purpose was something other than those listed in Article.
