A/HRC/39/CRP.2 opponents. Torture and ill-treatment were also used to coerce individuals into forced labour. Conditions of detention often amounted to ill-treatment. (a) Legal framework 161. Torture and cruel, inhuman and degrading treatment are prohibited under international human rights law246 and under international humanitarian law. 247 The prohibition of torture is absolute: as a peremptory norm of international law (jus cogens), it can never be subject to derogation or exception, that is, it cannot be limited or repealed. 248 162. Under international human rights law, torture is defined as acts that cause severe pain or suffering, whether physical or mental; are inflicted intentionally; are committed for a specific purpose; and involve a public official, either directly or indirectly. 249 Acts considered to amount to “severe pain or suffering” for the purpose of the definition include: severe beatings, punches and kicks; rape, attempted rape and other forms of sexual violence; electric shocks; deprivation of sleep, food or water; and administration of substances against the will of a person deprived of liberty.250 Examples of treatment causing mental suffering includes: mock executions, abuse of specific personal phobias, prolonged solitary confinement and threats of death or violence. 251 To constitute torture the acts must be committed directly by public officials or other persons acting in an official capacity, or be ordered or tolerated by them252 for a specific purpose, such as extracting a confession, obtaining information, punishment, intimidation, humiliation, coercion or any reason based on discrimination. 253 Acts which fall short of this definition may still constitute cruel, inhuman or degrading treatment or punishment (ill-treatment), which is also prohibited under international law. 254 The absence of the element of purpose is the key distinguishing factor between torture and ill-treatment. 163. Under international humanitarian law, the definition of torture does not require that the pain or suffering be inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. (b) Findings Principal victims 164. The Tatmadaw tortured men suspected of being members or supporters of EAOs, or who had participated in military operations. Torture victims were usually men between the ages of approximately 18 and 40 years, considered able to participate in fighting. 255 However, older men, often village administrators or community leaders, were also accused of associating or collaborating with EAOs and subjected to torture. 256 Torture victims usually belonged to the same ethnic group as enemy fighters with whom the Tatmadaw was engaged 246 247 248 249 250 251 252 253 254 255 256 UDHR, art. 5; ICCPR, art. 7 and 10; CAT; CRC art. 37(a); ASEAN Declaration, art. 14. Torture is also prohibited under the Myanmar Penal Code (s. 330-331), although the definition is not fully in line with international law. Common Article 3 of the Geneva Conventions prohibits “cruel treatment and torture” and “outrages upon personal dignity, in particular humiliating and degrading treatment” of civilians and persons hors de combat. See also ICRC/Customary IHL, rule 90. ICCPR, art. 4(2); CAT, arts. 2(2) and (3). CAT, art. 1; see also A/HRC/13/39/Add.5, paras. 30-39. For further examples, see A/HRC/13/39/Add.5, para. 51. United Nations Human Rights Committee, General Comment No. 20: Article 7 (Prohibition of Torture, or Other Cruel, Inhuman or Degrading Treatment or Punishment), 10 March 1992, para. 6; Communication No. 74/1980 Estrella v Uruguay, Views adopted by the Human Rights Committee on 29 March 1983, paras 1.6, 10; see also A/56/156, para. 8. CAT art. 1; United Nations Human Rights Committee, General Comment No. 20, para. 2. These purposes of torture are expressly listed in CAT, art. 1. See also A/HRC/13/39/Add.5, paras. 35 and 58-71. ICCPR, art. 7; CAT, art. 16; see also E/CN.4/2006/6, para. 35. DI-066, PI-062, PI-079, PI-109, QI-089. DI-067, PI-035, PI-038, PI-111. 43