A/HRC/21/50 53. Torture can form part of a crime against humanity. The ICC‘s Elements of Crimes set out the following elements for the crime of torture during armed conflict: (i) The perpetrator inflicted severe physical or mental pain or suffering upon one or more persons; (ii) The perpetrator inflicted the pain or suffering for such purposes as: (1) Obtaining information or a confession; (2) Punishment; (3) Intimidation or coercion; (4) Or for any reason based on discrimination of any kind. 54. The definition, both under CAT and under the ICC‘s Elements of Crimes, provides that ―severe‖ pain must be inflicted. International tribunals and human rights bodies have, to date, found the following acts constituted torture: kicking, hitting, beating (including beating on the soles of the feet), flogging, shaking violently, inflicting electric shocks, burning, subjecting the victim to ―water treatment‖, extended hanging from hand and/or leg chains and suffocation/asphyxiation. Mental torture has been found to have occurred where the perpetrator threatened the victim with death or simulates an execution, while having the means to carry it out. These acts have been held to constitute torture irrespective of any subjectively experienced pain of the victim. 55. In its General Comment, the Committee Against Torture emphasised that an obligation on all state authorities exists in respect of torture. Any official who has reasonable grounds to believe that acts of torture or ill-treatment are being committed is obliged to prevent, investigate, prosecute and punish. Otherwise, the State bears responsibility and its officials will be individually considered as complicit or otherwise responsible ―for acquiescing in such impermissible acts‖. Investigations should be conducted in accordance with the Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. 56. All persons detained in connection with an armed conflict must be treated humanely. At the end of armed conflict, persons deprived of their liberty enjoy the protection afforded under Articles 5 and 6 of Protocol II, or at a minimum such protections as are recognized as customary law, until their release. 57. The United Nations has developed a comprehensive set of standards to be enforced in places of detention. The underlying principles, based in IHL and IHRL, are humane treatment and non-discrimination. Particularly relevant is Protection Principle 7 which requires that all maltreatment of detainees be investigated and punished. 58. The commission notes that according to the 2012 Syrian Constitution, ―[n]o one may be subjected to torture or to degrading treatment and the law shall define the punishment for any person who commits such acts‖.61 Further, Article 391 of the Syrian Criminal Code stipulates that: ―Anyone who batters a person with a degree of force that is not permitted by law in order to extract a confession to, or information about, an offence shall be subject to a penalty of from three months to three years in prison‖. 62 These provisions do not, however, further define the crime of torture. 61 62 Syrian Constitution, Article 53. Law No. 148/1949 of the Syrian Criminal Code. 57