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International Committee of the Red Cross (ICRC) policy on torture and cruel, inhuman or degrading treatment inflicted on persons deprived of their liberty

Policy adopted by the Assembly Council of the ICRC on 9 June 2011

Published online by Cambridge University Press:  07 March 2012

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Reports and Documents
Information
International Review of the Red Cross , Volume 93 , Issue 882: Understanding armed groups and the applicable law , June 2011 , pp. 547 - 562
Copyright
Copyright © International Committee of the Red Cross 2012

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References

1 In the context of its action against torture and cruel, inhuman or degrading treatment, the ICRC uses the following definitions: Torture consists of (1) severe pain or suffering, whether physical or mental, inflicted (2) for such purposes as obtaining information or a confession, exerting pressure, intimidation or humiliation. Cruel or inhuman (synonymous terms) treatment consists of acts which cause serious mental pain or suffering, or which constitute a serious outrage upon individual dignity. Unlike torture, these acts do not need to be committed for a specific purpose. Finally, humiliating or degrading (synonymous terms) treatment consists of acts which involve real and serious humiliation or a serious outrage upon human dignity, and whose intensity is such that any reasonable person would feel outraged. The expression ill-treatment is not a legal term, but it covers all the above-mentioned acts.

2 In line with the ICRC's Protection Policy, the expression ‘authorities and other actors’ used in a generic sense covers all authorities (State entities, international peace-keepers, and non-State actors, such as traditional groups and clans) and armed groups.

3 Deprivation of liberty refers to a person's situation from the moment he is arrested or captured until he is released. He may be released immediately after arrest or capture or later, after serving a prison sentence or after the detaining authorities decide to release him.

4 See the International Covenant on Civil and Political Rights, Article 4; the European Convention for the Protection of Human Rights and Fundamental Freedoms, Article 15; the American Convention on Human Rights, Article 27; the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Article 2(2); and the Arab Charter on Human Rights, Article 4(b).

5 For further details of this policy, see the International Review of the Red Cross, Vol. 87, No. 858, June 2005, pp. 393–400.