Practice Relating to Rule 90. Torture and Cruel, Inhuman or Degrading Treatment
In its judgment in the Arklöf case in 2006, Sweden’s Stockholm District Court stated:
From an international law perspective, the acts include … cruel treatment, torture as well as humiliating and degrading treatment (articles 3 of Geneva Conventions I–IV, Additional Protocol II article 4).
It should be noted that torture is designated as the causing of serious physical or mental pain or such suffering, irrespective of whether the purpose is to obtain information, admissions or the execution of criminal acts or solely with the aim of punishing an individual, or has its grounds in discrimination of some type (see Customary International Humanitarian Law, Volume 1 p. 317 and ICTY, e.g. the case of Kunarac et al.
(IT-96-23 & 23/1)). The definition within international humanitarian law is consequently more far-reaching than that which applies according to the Torture Convention mentioned by the prosecutor.
[emphasis in original]