INTERNATIONAL CRIMINAL LAW & PRACTICE TRAINING MATERIALS ICLS
71
Permanent injury is not required for an act to cause sufficient pain or suffering to rise to the
level of torture.
The panel in et al. held that the ECtHR has concluded that a variety of different forms of
mistreatment rise to the level of torture, including:
threats to remove bodily limbs (constituting psychological torture);
suspension from the arms, which are
being repeatedly punched, kicked, and hit with objects;
being invited to perform oral sex on a male police officer before being urinated upon;
being threatened with a blowlamp and then with a syringe;
and
electric shocks, hot and cold water treatment, blows to the head and psychological
pressure.
7.4.4.5.2. PROHIBITED PURPOSE
definition of torture in Article
172(2)(f).
However, the trial panel in et al. noted that the ICTY and the ICTR had
relied on international human rights conventions to determine the legal elements of torture
under customary international law.
In particular, the ICTY and ICTR trial chambers concluded
that Article 1 of the Torture Convention reflected customary international law.
et al., 1st inst., p. 49 (p. 50 BCS) (relevant part upheld on appeal), referring to Krnojelac, TJ ¶
132 (citing a number of European Court decisions, in particular Soering, Decision of 7 July 1989, Series A
No. 161, ¶¶ 106, 111, on the effect of time on the severity of the treatment); see also et al., 1st
inst., p. 201 (p. 188 BCS) (relevant part upheld on appeal).
et al., 1st inst., p. 49 (p. 50 BCS) (relevant part upheld on appeal), referring to , TJ ¶ 484.
et al., 1st inst., p. 49 (p. 50 BCS) (relevant part upheld on appeal), refe
Assembly, Thirty-Eighth Session, Supplement No. 40, A.38/40, annex XII, ¶ 8.3).
Aksoy v. Turkey (App. 21987/93), Judgement of 18 Dec. 1996.
Selmouni v. France (App. 25803/94), Judgement of 28 July 1999.
Salman v. Turkey (App. 21986/93), Judgement of 27 June 2000.
Akkoç v. Turkey (Apps. 22947/93 and 22948/93), Judgement of 10 Oct. 2000.
et al., 1st inst., p. 47 (p. 48 BCS) (relevant part upheld on appeal).
et al., 1st inst., p. 47 (p. 48 BCS) (relevant part upheld on appeal).
et al., 1st inst., pp. 47-8 (p. 48 BCS) (relevant part upheld on appeal), referring to 1984 United
Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
, entry into force 26 June 1987; 1975 United Nations Declaration
on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment ("Torture Declaration"), adopted by General Assembly resolution 3452, 9 Dec.
1975; 1987 Inter-Ame-American Torture
, Trial Judgement, ¶ 160, , Appeal Judgement, ¶
111, Kunarac et al., TJ ¶483 and Kunarac et al., AJ ¶ 146.