The main international texts that refer to ill-treatment and torture are:

• The American Convention on Human Rights;
• The Inter-American Convention to Prevent and Punish Torture;
• The International Covenant on Civil and Political Rights; and
• The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Different texts use slightly different definitions of torture and ill-treatment. The Inter-American Convention to Prevent and Punish Torture (1987) provides one of the most complete and comprehensive definitions available.:

• Article 2: "For the purposes of this Convention, 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 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 sanctions, provided that they do not include the performance of the acts or use of the methods referred to in this article."

• Article 3: “The following shall be held guilty of the crime of torture: a.) a public servant or employee who, acting in that capacity, orders, instigates or induces the use of torture or who directly commits or who, being able to prevent it, fails to do so; b.) the person who, at the instigation of a public servant or employee mentioned in subparagraph a, orders, instigates or induces the use of torture, directly commits it or is an accomplice thereto.”

In all international texts, torture is characterised and distinguished from other forms of ill-treatment by the degree of suffering involved, and by the fact that forms of ill-treatment other than torture do not have to be inflicted for a specific purpose.

When defining torture, international documents differ with regard to two essential elements: whether or not the pain or suffering ought, in cases of torture, to be considered severe; and the scope of motivation (some texts add "or any other purpose" [3] to the common reference to "obtaining information, punishing, or intimidating").

International texts also clearly stress that torture, and ill-treatment in general, refer to the actions and violations carried out by State agents, not by non-State agents, and that lawful sanctions do not constitute torture or ill-treatment, as long as they do not resort to the methods and acts referred to as ill-treatment or torture.

International human rights law emphasises the prevention of torture and ill-treatment, particularly given the irreversible psychological effects of torture. Article 2 of the 1984 UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, obliges States to “take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction” [4]. In cases where prevention is unsuccessful, Article 14 adds that measures of compensation and reparation shall be available: “each State Party shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible. In the event of the death of the victim as a result of an act of torture, his dependants shall be entitled to compensation” [5].

Forms of ill-treatment that have been considered acts of torture include: severe beatings, electric shocks, sexual abuse and rape, prolonged solitary confinement, hard labour, near drowning, near suffocation, mutilation, and hanging for prolonged periods. [6]. Although there is no exhaustive list of prohibited acts, international and national law and jurisprudence have made it clear that torture also includes being forced to stand spread-eagled against the wall for hours; being subjected to bright lights or blindfolding; being subjected to continuous loud noise; being deprived of sleep, food or drink; being subjected to forced constant standing or crouching or violent shaking. Torture is not limited to acts causing physical pain or injury; it includes acts that cause mental suffering, such as through threats against family or loved ones.

Torture and ill-treatment are unconditionally prohibited, even during emergencies or armed conflicts. The difference between ill-treatment and tortureis essentially technical and legal, based largely on questions of motives and severity, which are not always easy to determine. Incidents of torture and ill-treatment must be examined on a case-by-case basis.

1. This definition is based on Giffard, C., The Torture Reporting Handbook: How to Document and Respond to Allegations of Torture within the International System for the Protection of Human Rights, The Human Rights Centre, University of Essex, 2000, www.essex.ac.uk/torturehandbook/english.htm (24 December 2006). Please refer to this article for more detailed information.

2. Ibid, section 3.3.2.

3. Such as is the case in the Inter-American Convention to Prevent and Punish Torture.

4. See www.ohchr.org/english/law/cat.htm

5. Ibid.

6. See Giffard, C., op. cit., section 3.3.3.2.

7. Further recommended reading: The Protocol of Istanbul.