A/HRC/43/49 mental pain or suffering on a powerless person that would escape the definition of torture (A/72/178, para. 31). 36. While the interpretation of purposes such as “interrogation”, “punishment”, “intimidation” and “coercion” is fairly straightforward, the way “discrimination” is addressed in the Convention requires clarification, because it is the only qualifier not crafted in terms of a deliberate “purpose”. In order for discriminatory measures to amount to torture, it is sufficient that they intentionally inflict severe pain or suffering “for reasons related to discrimination of any kind”. It is therefore not required that the relevant conduct have a discriminatory “purpose”, but only a discriminatory “nexus”. As a matter of treaty law, this includes any distinction, exclusion or restriction on the basis of discrimination of any kind, which has either the purpose or the effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of any human right or fundamental freedom in the political, economic, social, cultural, civil or any other field (A/63/175, para. 48).25 37. It must be stressed that purportedly benevolent purposes cannot, per se, vindicate coercive or discriminatory measures. For example, practices such as involuntary abortion, sterilization, or psychiatric intervention on the grounds of “medical necessity” or the “best interests” of the patient (A/HRC/22/53, paras. 20 and 32–35; and A/63/175, para. 49), or forcible internment for the “re-education” of political or religious dissidents,26 the “spiritual healing” of mental illnesses (A/HRC/25/60/Add.1, paras. 72–77), or for “conversion therapy” related to gender identity or sexual orientation (A/74/148, paras. 48–50), generally involve highly discriminatory and coercive attempts at controlling or “correcting” the victim’s personality, behaviour or choices and almost always inflict severe pain or suffering. In the view of the Special Rapporteur, therefore, if all other defining elements are present, such practices may well amount to torture. 38. Last but not least, given that information gathering is an intrinsic part of legitimate investigative and fact-finding processes, it is necessary to clarify the fault lines between permissible non-coercive investigative techniques and prohibited coercive interrogation. Although of great practical importance, this particular distinction will not be discussed in the present report, as it has already been examined in depth in a full thematic report submitted by the previous Special Rapporteur (A/71/298), triggering an important and ongoing process of developing international guidelines on investigative interviewing and associated safeguards.27 4. Powerlessness 39. Mandate holders have consistently held that, although not expressly mentioned in the treaty text, the “powerlessness” of the victim is a defining prerequisite of torture (A/63/175, para. 50; A/73/207, para. 7; A/HRC/13/39, para. 60; and A/HRC/22/53, para. 31). As has been shown, “all purposes listed in article 1 of the Convention against Torture, as well as the travaux préparatoires of the Declaration and the Convention, refer to a situation where the victim of torture is a detainee or a person ‘at least under the factual power or control of the person inflicting the pain or suffering’, and where the perpetrator uses this unequal and powerful situation to achieve a certain effect, such as the extraction of information, intimidation, or punishment”.28 25 26 27 28 Convention on the Rights of Persons with Disabilities, art. 2; Convention on the Elimination of All Forms of Discrimination against Women, art. 1; International Convention on the Elimination of All Forms of Racial Discrimination, art. 1; Universal Declaration of Human Rights, art. 7; and International Covenant on Civil and Political Rights, art. 26. CAT/C/CHN/CO/5, para. 42; as well as two communications co-signed by the Special Rapporteur, communications Nos. OL/CHN18/2019, 1 November 2019, and OL/CHN15/2018, 24 August 2018. See also “China cables”, available at www.icij.org/investigations/china-cables/read-the-china-cablesdocuments/. See www.apt.ch/en/universal-protocol-on-non-coercive-interviews/. Zach, “Definition of torture”, pp. 56–59. See also, Rome Statute of the International Criminal Court, art. 7 (2) (e). 11