ABSTRACT
Torture is the calculated infliction of severe pain or suffering for a specific purpose such as coercion, punishment, intimidation or discrimination. The right to be free from torture and other forms of cruel, inhuman or degrading treatment or punishment is reflected in Article 5 of the Universal Declaration of Human Rights. The basic idea was to explain in an international instrument that the conscience of mankind had been shocked by inhuman acts in Nazi Germany, and therefore a positive condemnatory article was needed. The Article 5 prohibition recognises the inherent and fundamental dignity of all persons, regardless of who they are, what they may be accused of and irrespective of the operating context. Indeed, the Declaration provides no definition of torture or of other forms of cruel, inhuman or degrading treatment or punishment, different from the later United Nation Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
