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nal institutions attitude towards it It is fi rst necessary to stress that involved; (c) for a specifi c purpose.
is often far from being consistent part of the misunderstanding Any act that falls short of the de-
with the spirit of its prohibition about torture is caused by the dif- fi nition of torture because it lacks
and demonstrates to be based ference between the legal defi ni- one or more of the criteria may
on misconception and prejudice. tion of torture and the way the term still be covered under article 16
In fact, although recipient States is commonly used in the media or of the Convention against Torture
have a clear and undebated duty in general conversation, which that outlines the prohibition of “…
to prevent torture, and declare often emphasizes the intensity of other acts of cruel, inhuman or de-
themselves fully committed in it, it pain and suffering infl icted. Arti- grading treatment or punishment
is often not applied in practice. The cle 1 of the United Nations Con- which do not amount to torture
political, social and cultural envi- vention against Torture and Other as defi ned in article 1, when such
ronment frequently characterized Cruel, Inhuman or Degrading Tre- acts are committed by or at the in-
by lack of respect for the rule of atment or Punishment (1984) pro- stigation of or with the consent or
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law, high levels of corruption and vides the internationally agreed acquiescence of a public offi cial
a culture of violence increases the legal defi nition of torture: “Tortu- or other person acting in an offi -
diffi culties in implementing effecti- re means any act by which severe cial capacity.” It is relevant to em-
ve reforms against torture. Chal- pain or suffering, whether physical phasize that any pain or suffering
lenging torture therefore requires or mental, is intentionally infl icted arising “only from, inherent in or
a comprehensive strategy with the on a person for such purposes as incidental to” lawful sanctions is
active involvement of many actors. obtaining from him or a third per- explicitly not considered as torture.
To some extent, it is correct to point son information or a confession, Nevertheless, this clause cannot be
out that, at an international level, punishing him for an act he or a used to justify the use of corporal
the practical application of the third person has committed or is punishments under domestic law.
prohibition of torture represents suspected of having committed, or Despite the issue of “legalized”
one sensitive topic in the fi eld of intimidating or coercing him or a corporal punishments has been
human rights. Even the most im- third person, or for any reason ba- raised by some States under the
portant police and troops contri- sed on discrimination of any kind, so-called “lawful sanctions” clau-
buting countries, despite the im- when such pain or suffering is in- se, it has been fi rmly established
plementation of many legal and fl icted by or at the instigation of or that they are prohibited under in-
practical preventive tools, are with the consent or acquiescence ternational law. The lawfulness of
still facing the problem of rende- of a public offi cial or other per- the sanction should be determined
ring it effective. What emerges is son acting in an offi cial capacity. by international standards, inclu-
that, despite the clear internatio- It does not include pain or suffe- ding the United Nations Standard
nal legal framework, outside the ring arising only from, inherent in Minimum Rules for the Treatment
circle of spe- of Prisoners ,
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cialized practi- which was spe-
tioners, there IN MODERN PEACE OPERATIONS, CAPACITY cifi cally referred
is a common BUILDING ACTIVITIES REPRESENT THE MAIN to in the 1975
lack of under- United Nations
standing about AND LONG LASTING EFFORT FROM WHICH THE Declaration on
torture and its OVERALL MISSION SUCCESS OFTEN DEPENDS. the Protection of
prevention. All Persons from
The inten- Being Subjected
tion of the following analysis is to or incidental to lawful sanctions.” to Torture .
3
sum up the key concepts about The defi nition contains three cu- Secondly, it is important to clarify
the prohibition and prevention of mulative elements, which must oc- that the prohibition of torture and
torture in order to untangle the cur to have torture: (a) intentional other forms of ill-treatment has a
most common mistakes and mi- infl iction of severe mental or phy- special status in the international
sconceptions and outline pos- sical suffering; (b) by a public of- protection of human rights. It is in-
sible approaches to the issue. fi cial, who is directly or indirectly cluded in a number of internatio-

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