Torture and other cruel, inhuman or degrading treatment of p

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B. Concept of psychological torture

1. Working definition

17. “Psychological torture” is not a technical term of international law, but has been used in various disciplines, including legal, medical, psychological, ethical, philosophical, historical and sociological, for different purposes and in varying interpretations. The Special Rapporteur acknowledges that all of these understandings have their own legitimacy, validity and purpose in their respective fields. In line with the mandate bestowed upon him, the present report examines the concept of “psychological torture” from the perspective of international human rights law.

18. According to Article 1 of the Convention against Torture (CAT) the substantive concept of “torture” comprises, most notably, the intentional and purposeful infliction of severe pain or suffering “whether physical or mental”. It is this explicit juxtaposition of “mental” and “physical” pain or suffering which is generally referred to as the legal basis for the concept of psychological torture. Accordingly, in human rights law, “psychological” torture is most commonly understood as referring to the infliction of “mental” pain or suffering, whereas “physical” torture is generally associated with the infliction of “physical” pain or suffering.15

19. In line with this position, shared by previous mandate holders (E/CN.4/1986/15, para118), the Special Rapporteur is of the view that, under human rights law, “psychological torture” should be interpreted to include all methods, techniques and circumstances which intend or are designed to purposefully inflict severe mental pain or suffering without using the conduit or effect of severe physical pain or suffering. The Special Rapporteur is further of the view that “physical torture” should be interpreted to include all methods, techniques and environments which intend or are designed to purposefully inflict severe physical pain or suffering, regardless of the parallel infliction of mental pain or suffering.
2. Distinguishing “methods” from “effects” and “rationales”

20. Although the proposed distinction between “physical” and “psychological” methods of torture seems to be fairly straightforward and to flow directly from the treaty text, its consistent and coherent application is subject to a number of caveats arising from the fact that the broader discussion of the psychological dimension of torture can be divided into at least three parallel and equally important strands, which relate to the psychological methods (i.e. techniques), psychological effects (i.e. sequelae) and psychological rationale (i.e. target) of torture.

21. First, the distinction between psychological and physical methods of torture should not obscure the fact that, as a matter of law, “torture” is a unified concept. All methods of torture are subject to the same prohibition and give rise to the same legal obligations, regardless of whether the inflicted pain or suffering is of “physical” or “mental” character, or a combination thereof. Thus, the distinction between “psychological” and “physical” methods of torture does not aim to suggest any difference in terms of legal implications or wrongfulness, but to clarify to what extent the generic prohibition of torture covers methods not using the conduit or effect of severe physical pain or suffering.

22. Second, the discussion of psychological methods (i.e. techniques) of torture should not be conflated with that of the psychological effects (i.e. sequelae) of torture. In reality, both physical and psychological methods of torture each have both physical and psychological effects (E/CN.4/1996/15, para118). Thus, the infliction of physical pain or suffering almost invariably also causes mental suffering, including severe trauma, anxiety, depression and other forms of mental and emotional harm. Likewise, the infliction of mental pain or suffering also affects bodily functions and, depending on intensity and duration, can cause irreparable physical harm or even death, including through nervous collapse or cardiovascular failure. Moreover, in terms of severity, psychological and physical stressors