Torture is the deliberate infliction of severe pain or suffering, prohibited in all legal systems and considered a violation of human rights, but it continues to be widespread throughout the world, sometimes disguised by the use of misleading terms such as ‘stress and duress’, or ‘coercive interrogation’.
All suspicion or allegations of torture must be investigated by the state.
Torture is never justified, whatever the circumstances.
The most widely accepted definition of torture is to be found in the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), adopted in 1984: ‘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.’
Other ill-treatment
In addition to the absolute prohibition of torture, there is also a wider prohibition of cruel, inhuman or degrading treatment or punishment. The essential elements which constitute ill-treatment not amounting to torture would be:
Intentional exposure to significant physical or mental pain or suffering
By or with the consent or acquiescence of the state authorities.
Determining the boundaries between torture and other ill-treatment is usually determined by the courts. The role of the doctor is to provide objective clinical findings of the case without necessarily forming a judgement on whether the treatment was degrading, inhuman or torture.
Both torture and other ill-treatment will involve significant suffering and will be caused by or with consent or acquiescence of state or other authorities exercising effective power.
Torture is not just limited to what happens during ‘interrogation’, but may also relate to specific elements of the conditions of detention which are constructed to deliberately aggravate the mental and physical suffering.
Often the generally harsh conditions of detention (including inadequate or insufficient food, hygiene, personal cleanliness, access to toilets, access to medical care) are aimed at exerting further pressure on individuals and contribute to and form part of ill-treatment that may in some cases constitute torture.
Situations when healthcare personnel can come in contact with victims/survivors of torture.
When a victim/survivor is brought by the police during and soon after the torture because of health-related issues or to get a ‘clearance’.
After a victim/survivor has been released, but have developed health related complications.
By prison officials if the torture has caused serious health consequences.
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