Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 36
Paragraph
Paragraph text
Thus, while the generic concept of cruel, inhuman or degrading treatment or punishment clearly is not limited to ill-treatment inflicted on persons deprived of their liberty, the concept of torture requires that the perpetrator exercise direct physical or equivalent control over the victim and that the victim is incapable of resisting or escaping the infliction of pain or suffering (“powerlessness”). In principle, therefore, the universal customary prohibition of cruel, inhuman or degrading treatment or punishment and, in situations of powerlessness, of torture are fully applicable to the extra-custodial use of force by State agents.
Legal status
Non-negotiated soft law
Body
Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
Document type
Special Procedures' report
Means of adoption
N.A.
Topic(s)
Civil & Political Rights
Governance & Rule of Law
Person(s) affected
All
Year
2017
Paragraph type
Other
Paragraph focus
Prohibition of torture and “other” cruel, inhuman or degrading treatment or punishment