A/HRC/43/49
levels of anxiety, stress, shame and guilt amounting to “severe mental suffering”, as
required for a finding of torture.59
76.
More generally, in order to ensure the adequate implementation of the prohibition of
torture and related legal obligations in present and future circumstances, its interpretation
should evolve in line with new challenges and capabilities arising in relation to emerging
technologies not only in cyberspace, but also in areas such as artificial intelligence,
robotics, nanotechnology and neurotechnology, or pharmaceutical and biomedical sciences,
including so-called “human enhancement”.
IV. Conclusions and recommendations
77.
On the basis of the above observations and considerations on the substantive
dimensions of the concept of “psychological torture”, and informed by broad
stakeholder consultations, the Special Rapporteur, to the best of his knowledge and
judgment, proposes the conclusions and recommendations set out below.
78.
Prevalence. Psychological torture occurs in a wide variety of contexts, including
ordinary criminal investigations, police detention, “stop-and-search” operations,
intelligence gathering, medical, psychiatric and social care, immigration,
administrative and coercive detention, as well as in social contexts such as domestic
violence, mobbing, cyberbullying and political or discriminatory persecution.
79.
General recommendations. Psychological torture constituting a subcategory to
the generic concept of torture, the Special Rapporteur herewith reiterates the general
recommendations of his mandate (E/CN.4/2003/68, para. 26) and emphasizes their full
applicability, mutatis mutandis, to methods, techniques and circumstances amounting
to “psychological torture”.
80.
Non-coercive investigation. Given the practical importance of continuing to
clarify the fault lines between permissible non-coercive investigative techniques and
prohibited coercive interrogation, the Special Rapporteur reaffirms the conclusions
and recommendations in the thematic report submitted by his predecessor (A/71/298)
and invites States to actively support the ongoing process towards developing
international guidelines on investigative interviewing and associated safeguards.
81.
Istanbul Protocol. Personnel tasked with medical examinations, the
determination of migration status or the judicial adjudication of potential cases of
torture should be provided with function-specific training in the identification and
documentation of the signs of torture and ill-treatment, in accordance with the
updated Protocol.
82.
Specific recommendations. More specifically with regard to the notion of
“psychological torture”, the Special Rapporteur recommends that States adopt,
incorporate and implement the following definitions, interpretations and
understandings throughout their national normative, institutional and policy
frameworks, including, in particular, their training and instruction of medical,
judicial, administrative, military and law enforcement personnel.
83.
Working definitions. For the purposes of human rights law, “psychological
torture” should be interpreted to include all methods, techniques and circumstances
which are intended or designed to purposefully inflict severe mental pain or suffering
without using the conduit or effect of severe physical pain or suffering. Conversely,
“physical torture” should be interpreted to include all methods, techniques and
environments which are intended or designed to purposefully inflict severe physical
pain or suffering, regardless of the parallel infliction of mental pain or suffering.
84.
59
20
Constitutive elements: In the context of psychological torture,
Samantha Newbery and Ali Dehghantanha, “A torture-free cyber space: a human right”, 2017.
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