M9

Question 1

What is the definition of torture under Article 1 of the Convention Against Torture (UNCAT)?

Answer 1

Any act by which severe physical or mental pain or suffering is intentionally inflicted on a person for purposes such as obtaining information or a confession, punishment, intimidation, coercion, or discrimination, when it is inflicted by, at the instigation of, or with the consent or acquiescence of a public official or other person acting in an official capacity. Pain or suffering arising only from, inherent in, or incidental to lawful sanctions is excluded.

Question 2

What is the first core element of torture in the UNCAT definition?

Answer 2

The pain or suffering inflicted must be severe.

Question 3

What is the second core element of torture in the UNCAT definition?

Answer 3

The pain or suffering may be physical or mental.

Question 4

What is the third core element of torture in the UNCAT definition?

Answer 4

The pain or suffering must be inflicted for a certain purpose, such as obtaining information or a confession, punishment, intimidation, coercion, or discrimination.

Question 5

What is the fourth core element of torture in the UNCAT definition?

Answer 5

The pain or suffering must be inflicted by, at the instigation of, or with the consent or acquiescence of a public official or other person acting in an official capacity.

Question 6

Does the UNCAT definition of torture cover pain or suffering arising only from lawful sanctions?

Answer 6

No. The definition explicitly excludes pain or suffering arising only from, inherent in, or incidental to lawful sanctions.

Question 7

Why is the prohibition of torture considered a jus cogens rule?

Answer 7

Because it is a peremptory rule of international law that cannot be modified even by treaty, meaning torture and ill-treatment are strictly prohibited under international law with no exceptions.

Question 8

Are there any exceptions to the prohibition of torture, such as public safety, emergencies, or national security?

Answer 8

No. There are no exceptions. Torture and ill-treatment are absolutely prohibited even in situations of public safety concerns, emergencies, or national security.

Question 9

What does Article 5 of the Universal Declaration of Human Rights (UDHR) state about torture?

Answer 9

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Question 10

What does Article 7 of the ICCPR provide regarding torture and experimentation?

Answer 10

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment, and no one shall be subjected without free consent to medical or scientific experimentation.

Question 11

What does Article 10(1) of the ICCPR say about the treatment of persons deprived of liberty?

Answer 11

All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.

Question 12

What is Customary Law Rule 90 on torture and ill-treatment?

Answer 12

Torture, cruel or inhuman treatment and outrages upon personal dignity, in particular humiliating and degrading treatment, are prohibited.

Question 13

Which regional human rights instruments mentioned in the slides prohibit torture and ill-treatment?

Answer 13

Article 3 of the European Convention on Human Rights, Article 5 of the American Convention on Human Rights, and Article 5 of the African Charter on Human and Peoples’ Rights.

Question 14

How does the UN Declaration against Torture (UNDAT) describe the relationship between torture and cruel, inhuman or degrading treatment or punishment (CIDT)?

Answer 14

Article 1(2) UNDAT states that torture is an aggravated and deliberate form of cruel, inhuman or degrading treatment or punishment.

Question 15

What does Article 16(1) of UNCAT require States to do regarding CIDT?

Answer 15

Each State Party must prevent, in any territory under its jurisdiction, other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in Article 1 when such acts are committed by, at the instigation of, or with the consent or acquiescence of a public official or other person acting in an official capacity.

Question 16

On what three bases can we distinguish torture from cruel, inhuman and degrading treatment (CIDT)?

Answer 16

On the basis of severity, intent, and purpose.

Question 17

How is torture linked to the right to life?

Answer 17

Torture and mistreatment that lead to death directly violate the right to life.

Question 18

How is the prohibition of torture linked to the right to a fair trial?

Answer 18

Individuals cannot be compelled to testify against themselves, and testimony obtained through torture or ill-treatment would violate the right to a fair trial.

Question 19

How is the prohibition of torture linked to the right to liberty and freedom from arbitrary detention?

Answer 19

Long-term or arbitrary detention, especially when it involves torture, violates the right to liberty and the right to be free from arbitrary detention, including practices like enforced disappearance.

Question 20

What positive obligations do States have under the prohibition of torture regarding preventive measures?

Answer 20

States must implement effective measures to prevent torture in all territories under their jurisdiction, ensure that no exceptional circumstances can justify torture, and that superior orders cannot be invoked as a defence.

Question 21

What obligations do States have concerning expulsion, return, or extradition under the prohibition of torture?

Answer 21

States must prohibit the expulsion, return, or extradition of individuals to states where there is a substantial risk that they will be subjected to torture.

Question 22

What training-related obligations do States have under the prohibition of torture?

Answer 22

States must incorporate education on the prohibition of torture into the training of law enforcement, medical personnel, and public officials, and integrate this prohibition into relevant rules and instructions.

Question 23

What monitoring obligations do States have to prevent torture?

Answer 23

States must systematically review and monitor interrogation practices and the treatment of detainees to prevent torture.

Question 24

What remedy does Article 13 of UNCAT provide to individuals alleging torture?

Answer 24

It ensures that any individual who alleges torture has the right to complain to, and have their case promptly and impartially examined by, competent authorities. It also requires protection of the complainant and witnesses against ill-treatment or intimidation as a consequence of the complaint or evidence given.

Question 25

What does Article 14(1) of UNCAT require regarding redress for victims of torture?

Answer 25

Each State Party must ensure 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 case of the victim’s death, dependants are entitled to compensation.

Question 26

According to the slides, what did the Human Rights Committee hold about a threat to amputate a concert pianist’s hands?

Answer 26

The Committee found that threatening to amputate a concert pianist’s hands constituted torture because the threat was severe and targeted an essential part of the person’s identity and livelihood.

Question 27

Why is the investigative phase of detention considered particularly risky for ill-treatment?

Answer 27

Because normal safeguards may be ignored, detainees may be held in incommunicado detention without legal, family, or medical support, and prolonged incommunicado detention can cause severe psychological and physical harm amounting to torture or ill-treatment.

Question 28

What has the UN Human Rights Council said about prolonged incommunicado detention?

Answer 28

It has explicitly declared that prolonged incommunicado detention can constitute torture or other forms of ill-treatment because of the severe psychological and physical harm it can cause.

Question 29

What did the UN Special Rapporteur on torture propose regarding investigative interviews?

Answer 29

The Special Rapporteur proposed creating a universal protocol to establish standards and procedural safeguards for conducting interviews during the investigative phase to prevent torture and ill-treatment.

Question 30

To what situations does Article 16 UNCAT apply outside detention?

Answer 30

It applies to situations such as the use of force by police during regular policing activities.

Question 31

How is the principle of proportionality used in assessing force outside detention?

Answer 31

Proportionality is used to decide whether the use of force was excessive and therefore contrary to the prohibition of torture and CIDT.

Question 32

When do the prohibitions of torture and CIDT become absolute in situations outside detention?

Answer 32

As soon as direct control over a person is established, the prohibitions become absolute.

Question 33

Can an act amount to degrading treatment even if no severe pain is inflicted?

Answer 33

Yes. In situations of direct control, an act can amount to degrading treatment if it is particularly humiliating, even without severe pain.

Question 34

What has the Inter-American Court of Human Rights decided about lashing an adult strapped to a metal device until he lost consciousness?

Answer 34

It held that such corporal punishment constituted torture in violation of Article 5 of the American Convention on Human Rights.

Question 35

What has the Human Rights Committee said about corporal punishment under Article 7 ICCPR?

Answer 35

It has consistently condemned corporal punishment as violating Article 7, which protects against torture and other forms of ill-treatment.

Question 36

How has the Human Rights Council characterised corporal punishment?

Answer 36

It has emphasised that corporal punishment can amount to cruel, inhuman or degrading treatment and, in some cases, torture.

Question 37

What principle is codified in Article 3 of UNCAT regarding removal of individuals to other states?

Answer 37

States cannot return, expel or extradite individuals to a country where they would face a real risk of torture; this protection against refoulement is fundamental and non-derogable.