“No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
In particular,
no
one shall be subjected without his free
consent
to medical
or scientific
experimentation”.
The
United
Nations
Convention
Against Torture
and
Other
Cruel,
Inhuman
or
Degrading Treatment or Punishment (CAT) provides the most precise and widelycited definition of torture under International law. It defines torture as:
“any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted
ona person for such purposes as obtaining from him or a third person information or a conjessian,
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.”
In the case of Loayza Tamayo V. Peru judgment of September 17, 1997. Series
C No. 33, para 57, the Inter-American Court held that:
“the violation of the right to physical and psychological integrity of persons is a category of
violation that has several gradation and embraces treatment ranging from
torture to other types
of humiliating or cruel, inhuman or degrading ireatment with varying degrees of physical and
psychological effects caused by endogenous and exogenous factors which must be proven in each
specific situation.
The European Court af Human right has declared that, even in the absence af
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