Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (contd.)
The second question relating to the custody of the tortured may be answered as follows. In my view, physical custody is necessary or inevitable in all cases of torturing. The physical custody may be 'under arrest, under detention or under imprisonment' etc. As far as the third question, i.e., the question of pain or suffering arising only from, inherent in or incidental to lawful sanctions given in the original text is concerned, I am of the firm view that the entire portion should be deleted. Since the socio-cultural and majority scales are applied to assess the severity of pain, there is no need to have this unnecessary portion in the amended description of TORTURE. Hence the new description of TORTURE will be-
ARTICLE -1
For the purposes of this Convention, the expression 'Torture' means any act or omission by which severe pain or suffering, whether physical or mental or both or spiritual or moral 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 or omission he or a third person has committed /omitted or is suspected of having committed /omitted or intimidating,provoking,instigating,encouraging,inviting,contributing,conniving or coercing him or a third person when such pain or suffering is caused by or as instrumental to or with the knowledge or with the consent or acquiescence of a public official or other person acting in an official capacity.(to be continued…)
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