KRM 220 SECTION B – POLITICAL OFFENCES UNIT 9
KRM 220
SECTION B – POLITICAL OFFENCES
UNIT 9
TORTURE
At the end of this study unit, the student will be able to:
- Define torture according to the UN Convention against Torture and Cruel, Inhumane and
Degrading Treatment or Punishment (CAT)
- Discuss the four conditions that are required for an act to qualify as torture
- Discuss the duties of South Africa under CAT
- Provide examples of methods that can be utilised to impose physical or psychological
suffering
- Identify the potential victims of torture
- Discuss the impact of torture
- Identify the potential offenders of torture
- Discuss South Africa’s responsibilities regarding the Convention against Torture
DEFINITION OF TORTURE
- The UN Convention against Torture and Cruel, Inhumane and Degrading Treatment or
Punishment (CAT) defines torture as:
“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”
4 CONDITIONS REQUIRED FOR ACT TO QUALIFY AS TORTURE
1. It must result in severe mental and/or physical suffering
2. It must be inflicted intentionally
3. It must be committed by, or with the consent or acquiescence of a public official
4. It excludes pain and suffering as a result of lawful actions
1
KRM 220
SECTION B – POLITICAL OFFENCES
UNIT 9
TORTURE
At the end of this study unit, the student will be able to:
- Define torture according to the UN Convention against Torture and Cruel, Inhumane and
Degrading Treatment or Punishment (CAT)
- Discuss the four conditions that are required for an act to qualify as torture
- Discuss the duties of South Africa under CAT
- Provide examples of methods that can be utilised to impose physical or psychological
suffering
- Identify the potential victims of torture
- Discuss the impact of torture
- Identify the potential offenders of torture
- Discuss South Africa’s responsibilities regarding the Convention against Torture
DEFINITION OF TORTURE
- The UN Convention against Torture and Cruel, Inhumane and Degrading Treatment or
Punishment (CAT) defines torture as:
“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”
4 CONDITIONS REQUIRED FOR ACT TO QUALIFY AS TORTURE
1. It must result in severe mental and/or physical suffering
2. It must be inflicted intentionally
3. It must be committed by, or with the consent or acquiescence of a public official
4. It excludes pain and suffering as a result of lawful actions
1
