Torture

In European legal systems and under international law, torture consists of intentionally inflicting severe physical or mental suffering on a person for the purpose of obtaining information, punishing, intimidating, or exerting pressure.

The prohibition of torture is absolute.

The protected legal interest is the physical and mental integrity of the individual, along with their dignity.

In essence, the conduct may consist of:

• inflicting physical pain or suffering;
• inflicting mental or psychological suffering;
• using methods capable of inducing intense fear, anxiety, or loss of control;
• repeating behaviors that lead to a deterioration in the person’s condition.

The conduct may involve both physical and mental suffering.

Physical suffering and mental suffering

Torture is not limited to physical violence.

Suffering can also be inflicted through:

• isolation;
• blackmail;
• repeated stalking;
• coordinated stalking by multiple individuals;
• threats;
• humiliation;
• continuous pressure;
• deprivation of security or stability;
• repeated or coordinated conduct capable of causing fear, anxiety, or loss of control.

This also applies when these forms of conduct occur in combination with one another.

What matters is the intensity and purpose of the conduct.

Purpose of the conduct

Torture differs from other forms of violence in its purpose.

It may be aimed at:

• obtaining information or statements;
• punishing the person;
• intimidating or coercing;
• exercising control;
• preventing or discouraging a person from reporting, speaking out, or taking public action.

Suffering is not a side effect; it is a tool.

From a single act to a pattern of behavior

Conduct may consist of a single act or a series of behaviors.

In some cases, suffering results from the repetition and combination of multiple actions over time.

Continuity can affect the severity of the overall impact.

From episode to pattern

In isolation, the conduct may appear to be an act of violence.

In a coordinated context, it can serve a broader purpose.

It can contribute to:

• weakening the person’s capacity for resilience;
• influencing behavior and decisions;
• preventing reactions or initiatives;
• maintaining a situation of control over time.

In these cases, the suffering is not episodic, but functional.

Connection to other offenses

Torture may be linked to other criminal conduct:

• blackmail, when suffering is used to elicit certain behaviors;
• harassment or stalking, when the conduct is repeated;
• criminal association, when the conduct is coordinated among multiple individuals;
• unlawful deprivation of liberty;
• violation of privacy, when it concerns a person’s private sphere;
• criminal association, when the conduct is carried out or supported by multiple individuals in a coordinated manner.

These connections do not alter the autonomous nature of torture, but rather highlight its potential integration into more complex dynamics.

Torture is one of the most serious violations recognized in European legal systems and in international law.

When part of a coordinated effort, it can serve an additional purpose: not only to inflict suffering, but also to profoundly and lastingly affect a person’s ability to live, make decisions, and act.