Torture Unit 9
Definition of torture
Any act by which severe pain/ suffering, whether physical / mental, is intentionally inflicted on a
person for such purposes as obtaining from him/ a third person information/ a confession,
punishing him for an act he/ a third person has committed/ is suspected of having committed,/
intimidating/ coercing him/ a third person,/ for any reason based on discrimination of any kind,
when such pain / suffering is inflicted by / @ instigation of / w/ consent / acquiescence of a public
official/ other person acting in an official capacity. It does not include pain/ suffering arising only
from, inherent in/ incidental to lawful sanctions.
Conditions
required for act to
qualify as torture
It must be committed
It must result in It excludes pain &
It must be inflicted by, / w/ consent/
severe mental &/or suffering as a result
intentionally. acquiescence of a
physical suffering. of lawful actions.
public official.
Duties of South Africa under CA
Prevent torture &
Accept complaints & CIDT
protect witnesses & victims Abide by peremptory norm
Protect foreign nationals
Ensure redress to victims of
torture
Duty to: Criminalise torture in
Reject statements domestic law
obtained under torture
Either prosecute / extradite
Report on measures Investigate
taken
Educate & train all personnel
Definition of torture
Any act by which severe pain/ suffering, whether physical / mental, is intentionally inflicted on a
person for such purposes as obtaining from him/ a third person information/ a confession,
punishing him for an act he/ a third person has committed/ is suspected of having committed,/
intimidating/ coercing him/ a third person,/ for any reason based on discrimination of any kind,
when such pain / suffering is inflicted by / @ instigation of / w/ consent / acquiescence of a public
official/ other person acting in an official capacity. It does not include pain/ suffering arising only
from, inherent in/ incidental to lawful sanctions.
Conditions
required for act to
qualify as torture
It must be committed
It must result in It excludes pain &
It must be inflicted by, / w/ consent/
severe mental &/or suffering as a result
intentionally. acquiescence of a
physical suffering. of lawful actions.
public official.
Duties of South Africa under CA
Prevent torture &
Accept complaints & CIDT
protect witnesses & victims Abide by peremptory norm
Protect foreign nationals
Ensure redress to victims of
torture
Duty to: Criminalise torture in
Reject statements domestic law
obtained under torture
Either prosecute / extradite
Report on measures Investigate
taken
Educate & train all personnel
