Definition of Torture

Abstract

This chapter discusses Article 1 of the Convention against Torture, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Article 1 of the Convention against Torture is the first provision in an international treaty which defines torture. It served as a model for the definition contained in Article 2 of the Inter-American Convention to Prevent and Punish Torture adopted in 1985. Article 1 has to be read in conjunction with Article 16, which requires States parties to prevent ‘other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in article 1’. The main elements of the definition of torture are the following: involvement of a public official, infliction of severe pain or suffering, intention, and specific purpose.