What Constitutes Torture?

The legal definition of torture has always been a topic of great debate. In recent years, the definition has evolved to become more specific, appeasing the human rights groups, but not too specific for the government to use its discretion in certain situations.

In 1984, the United Nations Convention Against Torture defines torture as "any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing hi or a third person for any reason based on discrimination of any kind, when such pain or suffering is 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.

The United States Justice Department previous definition of torture was defined as "organ failure, impairment of bodily function, or even death" constitute torture punishable by law. However, this definition was too broad and gave the government a lot of wiggle room to interrogate suspects within the realm of the law. The new definition as defined by Section 2340A of Title 18, United States Code, is very similar to the one written out at the '84 United Nations Convention Against Torture.