A/HRC/43/49
(a)
“Mental suffering” refers primarily to subjectively experienced mental
suffering but, in its absence, can also refer to objectively inflicted mental harm alone;
(b)
“Severity” of mental pain or suffering depends on a wide range of
factors that are endogenous and exogenous to the individual, all of which must be
holistically evaluated on a case-by-case basis and in the light of the specific purpose
pursued by the treatment or punishment in question;
(c)
“Powerlessness” refers to the victim’s inability to escape or resist the
infliction of mental pain or suffering, and can be achieved not only through physical
custody but also, for example, through incapacitating medication, deprivation of legal
capacity, serious and immediate threats and social contexts marked by coercive
control, mobbing, cyberbullying and persecution;
(d)
“Intentionality” is present where the perpetrator knew or should have
known that, in the ordinary course of events, his or her acts or omissions would result
in the infliction of severe mental pain or suffering, whether alone or in conjunction
with other factors and circumstances;
(e)
“Purposefulness” is present when mental pain or suffering is inflicted for
purposes such as interrogation, punishment, intimidation and coercion of the victim
or a third person, or with a discriminatory nexus, regardless of purportedly
benevolent purposes such as “medical necessity”, “re-education”, “spiritual healing”,
or “conversion therapy”;
(f)
“Lawful sanctions” cannot include any sanctions or measures prohibited
by relevant international instruments or national legislation, such as prolonged or
indefinite solitary confinement, sensory manipulation, collective punishment,
prohibition of family contacts, or detention for purposes of coercion, intimidation, or
for reasons related to discrimination of any kind.
85.
Predominant methods. In contrast to physical torture, which uses the body and
its physiological needs as a conduit for affecting the victim’s mind and emotions,
psychological torture does so by directly targeting one or several basic psychological
needs, such as:
(a)
Security (inducing fear, phobia and anxiety);
(b)
Self-determination (domination and submission);
(c)
integrity);
(d)
Dignity and identity (humiliation, breach of privacy and sexual
Environmental orientation (sensory manipulation);
(e)
Social and emotional rapport (isolation, exclusion and emotional
manipulation);
(f)
Communal trust (institutional arbitrariness and persecution).
86.
Torturous environments. In practice, torture victims are almost always exposed
to a combination of techniques and circumstances inflicting both mental and physical
pain or suffering, the severity of which depends on factors such as duration,
accumulation and personal vulnerability. 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. Accordingly, psychological torture may
be committed in one single act or omission or can result from a combination or
accumulation of several factors which, taken individually and out of context, may
seem harmless. The intentionality, purposefulness and severity of the inflicted pain or
suffering must always be assessed as a whole and in the light of the circumstances
prevailing in the given environment.
87.
Challenges of new technologies. In order to ensure the adequate
implementation of the prohibition of torture and related international legal
obligations in present and future circumstances, its interpretation should evolve in
line with new challenges and capabilities arising in relation to emerging technologies
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