A/HRC/43/49
for purposes such as coercion, intimidation, deterrence or punishment, or for reasons related
to discrimination of any kind, it may amount to psychological torture.
7.
Torturous environments (accumulation of stressors)
68.
The above outline of specific methods should not obscure the fact that, in practice,
torture victims are almost always exposed to a combination of methods, techniques and
circumstances deliberately designed to inflict both mental and physical pain or suffering. If
applied in isolation or for a short period of time, some of these techniques and
circumstances may not necessarily amount to torture. In combination and with increasing
duration, however, they have a devastating effect. 50 Thus, a finding of torture may depend
not only on the specific characteristics of particular techniques or circumstances, but also
on their cumulative and/or prolonged effect, sometimes in conjunction with external stress
factors or individual vulnerabilities that are not under the control of the torturer and may
not even be consciously instrumentalized by him. As aptly stated by the International
Tribunal for the Former Yugoslavia, torture “may be committed in one single act or can
result from a combination or accumulation of several acts, which, taken individually and
out of context, may seem harmless ... The period of time, the repetition and various forms
of mistreatment and severity should be assessed as a whole”.51
69.
Particularly in the absence of physical pain and suffering, due consideration must
always be given to the context in which certain methods are used. For example, while in
normal circumstances, publicly expressed insults and defamation may amount to a criminal
offence, but not to torture, such an assessment might change significantly when the same
conduct becomes a matter of systematic, State-sponsored vilification and persecution
involving additional measures such as arbitrary detention, constant surveillance, systematic
denial of justice and serious threats or intimidation.52 Moreover, each person may react
differently to a particular method of torture. In practice, therefore, torture techniques must
always be evaluated by reference to the targeted victim’s individual vulnerabilities
(A/73/152), whether attributable to disability (A/63/175), migration status (A/HRC/37/50)
or any other reason.
70.
In such situations, rather than looking at each factor in isolation and asking which
ones cross the “severity” threshold, it is more appropriate to speak of a “torturous
environment”, that is to say, a combination of circumstances and/or practices designed or of
a nature, as a whole, to intentionally inflict pain or suffering of sufficient severity to
achieve the desired torturous purpose.53 This reflects the reality that victims tend to
experience and respond to torture holistically, and not as a series of isolated techniques and
circumstances, each of which may or may not amount to torture. 54
E.
Cybertorture
71.
A particular area of concern, which does not appear to have received sufficient
attention, is the possible use of various forms of information and communication
technology (“cybertechnology”) for the purposes of torture. Although the promotion,
protection and enjoyment of human rights on the Internet has been repeatedly addressed by
the Human Rights Council (see A/HRC/32/L.20; and A/HRC/38/L.10/Rev.1), torture has
50
51
52
53
54
18
Physicians for Human Rights and Human Rights First, Leave No Marks: Enhanced Interrogation
Techniques and the Risk of Criminality (2007), p. 6.
International Criminal Tribunal for the former Yugoslavia, Trial Chamber II, Prosecutor v. Milorad
Krnojelac, Case No. IT-97-25, Judgment, 15 March 2002, para. 182; see also, European Court of
Human Rights, Ireland v. the United Kingdom, Application No. 5310/71, para. 168.
Large-scale historical examples of such abuse were the so-called “struggle sessions” used during the
Chinese Cultural Revolution (1966–1976) to publicly humiliate, abuse and torture political dissidents.
See Tom Phillips, “The cultural revolution: all you need to know about China’s political convulsion”,
The Guardian, 10 May 2016. For a recent individual case, see OHCHR, “UN expert says ‘collective
persecution’ of Julian Assange must end now”, 31 May 2019.
Pérez-Sales, Psychological Torture, p. 284.
Luban and Newell, “Personality disruption as mental torture”, pp. 363 and 374.
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