Legal Definitions - torture

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Definition of torture

Torture refers to the intentional infliction of severe physical or mental pain and suffering upon a person.

This extreme suffering is typically inflicted for specific purposes, such as:

  • To obtain information or a confession from the victim or a third party.
  • To punish the victim for an act they have committed or are suspected of committing.
  • To intimidate or coerce the victim or other individuals.
  • For reasons based on discrimination of any kind.

International law, including the United Nations Convention Against Torture, strictly prohibits torture under all circumstances. It is considered a grave violation of human rights and can be prosecuted as a war crime or a crime against humanity by international courts.

Examples:

  • Example 1: Interrogation for Information

    During a period of political unrest, a national security agency detains a suspected activist. Agents subject the activist to prolonged sleep deprivation, exposure to extreme temperatures, and simulated drowning techniques over several days. Their goal is to force the activist to reveal details about an opposition movement.

    This scenario illustrates torture because severe physical and mental suffering is intentionally inflicted upon the activist with the explicit purpose of extracting information or a confession.

  • Example 2: Punishment and Intimidation in a Conflict Zone

    In a region affected by armed conflict, a non-state armed group captures several civilians from a village suspected of supporting a rival faction. The group publicly subjects these civilians to brutal beatings, electric shocks, and mock executions. The intent is not necessarily to gain information, but to terrorize the local population and punish those perceived as enemies.

    Here, torture is demonstrated by the deliberate infliction of intense physical and psychological pain, used as a form of punishment and to intimidate a civilian population during a conflict, which is a violation of international humanitarian law.

  • Example 3: Coercion by State Agents

    A country's secret police force routinely arrests individuals deemed critical of the government. In detention, these individuals are subjected to methods like prolonged solitary confinement in dark cells, forced stress positions, and threats against their families. The aim is to break their will, force them to recant their views, and deter others from dissent.

    This example shows torture as the systematic application of severe mental and physical suffering by state agents for the purpose of coercion and intimidation, forcing individuals to change their behavior or beliefs.

Simple Definition

Torture is the intentional infliction of severe physical or mental pain or suffering on a person for purposes such as punishment, coercion, obtaining information, or sadistic pleasure. This act is strictly prohibited under international law, notably by the UN Convention Against Torture. As codified in the Rome Statute, torture is recognized as both a war crime and a crime against humanity.

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