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The worst scars are in the mind: psychological torture Herna´n Reyes* Dr Herna´n Reyes, MD, of the ICRC’s Assistance Division, is a specialist on medical aspects of detention and has visited numerous detention centres around the world.Abstract Torture during interrogation often includes methods that do not physically assault the body or cause actual physical pain – and yet entail severe psychological pain and suffering and profoundly disrupt the senses and personality.2),7 while imposing on states ‘‘only’’ the obligation to ‘‘undertake to prevent’’ cruel, inhuman or degrading treatment (Art. States have used this to argue that while torture is forbidden, cruel, inhuman or degrading treatment may be justified under exceptional circumstances.If such treatment is to be allowed in certain circumstances, but not torture, the differentiation between these two notions becomes important.Some methods are recognized forms of torture; others – which also may produce pain and suffering, but to a lesser degree – may not ‘‘qualify’’ as torture according to the definition. 7 at 168, 1996), the Inter-American Court of Human Rights stressed that the ‘‘purpose’’ element can include punishment or humiliating and intimidating the person.

It will in particular look into whether the use of such ‘‘minor’’ and apparently innocuous methods, when applied repeatedly, either singly or in combination and over a period of time, can also amount to cruel, inhuman and degrading treatment, or even torture. See Field Manual (FM) 34–52, Intelligence Interrogation, US Department of the Army, Washington DC, 28 September, 1992, Chapter 3, ‘‘Approach phase and questioning phase’’, 3–10 and 3–20. See also Rau´ l Toma´s Escobar, El interrogatorio en la investigacio´n criminal, Editorial Universidad, Buenos Aires, 1989, pp. 1 This acknowledgment was made to the author on several occasions by detaining authorities, in different contexts, during ICRC visits to prisoners during the last two decades.On the legal definition of torture Defining exactly what torture means seems to be as complex as defining what shocks the conscience in the case of pornography. 4 Justice Potter Stewart trying to explain ‘‘hard-core’’ pornography, or what is obscene. Ohio, 378 US, 184 (1964), Appeal from the Supreme Court of Ohio (in footnote 11), available at Reyes – The worst scars are in the mind: psychological torture 592 which defines as torture any act that consists of the intentional infliction of ‘‘severe pain or suffering, whether physical or mental’’, involving a public official and carried out for a specific purpose.5 The Inter-American Convention to Prevent and Punish Torture has a broader definition of torture,6 which does not have to include the infliction of severe pain and suffering.A US Supreme Court Justice once said with regard to the definition of pornography, I shall not today attempt further to define the kinds of material I understand to be embraced [by the term pornography] … 4 There is nevertheless a universally accepted definition of torture today, namely the one contained in the 1984 UN Convention against Torture (CAT), 2 In the case of Raquel Marti de Mejia (Raquel Martin de Mejı´a v. court5US&vol5378&invol5184 (last visited 8 October 2007). In international humanitarian law (IHL), torture does not have to be inflicted by or with the acquiescence of a public official, but can be perpetrated by any individual.The challenge is thus to determine which methods are legitimate and which are illegal, causing pain and suffering that fall into the category of ‘‘cruel and inhuman or degrading treatment’’ or torture.Some of the methods used are physical methods, acting on the body and generally producing pain; others are psychological, that is, non-physical, and act on the mind.

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