Freedom from torture refers to a fundamental human right and legal principle that guarantees protection from any form of physical or psychological abuse, cruelty, or discomfort intentionally inflicted upon individuals by state authorities or any other entity. The right to freedom from torture is universally recognized and enshrined in various international human rights instruments and national laws.
Torture can take many forms, including but not limited to the use of physical violence, electric shocks, forced positions, sexual abuse, sensory deprivation, or inhumane treatment. It is distinguished by its deliberate nature, as it is perpetrated with the intention of obtaining information, punishment, intimidation, or coercion.
The concept of freedom from torture also incorporates the notion of cruel, inhuman, or degrading treatment or punishment, which encompasses acts that may not reach the severity of torture but nonetheless violate an individual's dignity and cause significant suffering.
This right is absolute and non-derogable, meaning it cannot be restricted or limited under any circumstances, including emergencies or states of conflict. It forms an essential pillar of human rights protection and is closely linked to other rights, such as the right to life, liberty, and security of person, the right to fair trial, and the prohibition of slavery, among others.
States bear the primary responsibility to respect, protect, and fulfill the right to freedom from torture, including the duty to prevent, investigate, prosecute, and provide redress for any acts of torture. Moreover, any evidence obtained through torture is considered illegal and inadmissible in legal proceedings.
