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Summary KRM220: Study Unit 9 - Torture
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Summaries the use of torture in the world. It explains torture according to the UN and why torture is not a viable method of obtaining information.

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  • February 12, 2021
  • 4
  • 2020/2021
  • Summary

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KRM 220: PART B
STUDY UNIT 9:
TORTURE


What is torture?
Any act by which ​severe pain or suffering​, ​whether physical or mental​, is
intentionally inflicted on a person​ for such purposes as ​obtaining from him or
third person information or a confession​, 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.


Characteristics of torture
1. It must result in ​severe mental and/or physical suffering
- Mental or emotional pressure applied to a person may also constitute
torture; for example, threatening to harm a person’s family.
It​ must result in ‘severe’ suffering is not an absolute and objective
standard ​and will depend on the facts of the case and the context in
which the acts occurred.
2. It must be​ ​inflicted intentionally
- Purposes of torture acc. Article 1: Obtaining information, a confession, or
punishment, intimidation, or motivated by reasons of discrimination
- An act may therefore still meet the requirement of purpose​ if the
purpose was something other than those listed in Article.

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