International Definition of Torture

On December 10, 1981 the United Nations General Assembly adopted the text submitted by the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. This text defines torture in Part I Article I 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 him or a third person, or 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. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions."

http://www.hrweb.org/legal/cat.html

This definition of torture, as well as the rest of the text has been ratified by 142 nations, with another nine having signed but not yet ratified. The United States ratified the Convention, but lodged a declaration that "... nothing in this Convention requires or authorizes legislation, or other action, by the United States of America prohibited by the Constitution of the United States as interpreted by the United States." The reason for this is that the United States Government lacks constitutional authority to enter into any treaty that violates any civil rights or other provisions within the Constitution of the United States. Torture is illegal within the United States and is illegal if practiced by American military personnel anywhere at any time.

The prohibition of torture presented in this document is considered a fundamental principle of customary international law which means that all states are bound to respect this prohibition, regardless of whether or not they are parties to treaties which expressly contain the prohibition. All states are bound to respect the prohibition on torture and ill-treatment whether or not they are parties to treaties which expressly contain the prohibition. By this same standard, all states are obliged to prevent and to punish all and any form of torture outlined in the text.

According to the United Nations Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, torture is very plainly defined as "cruel, inhuman or degrading treatment or punishment." It then adds that "cruel, inhuman or degrading treatment or punishment" should be interpreted to include "the widest possible protection against abuses, whether physical or mental, including the holding of a detained or imprisoned person in conditions which deprive him, temporarily or permanently of the use of any of his natural senses, such as sight or hearing, or of his awareness of place and the passing of time."

http://www1.umn.edu/humanrts/instree/g3bpppdi.htm#one

http://hrw.org/english/docs/2004/05/24/usint8614.htm