Two Related Norms: Torture and Degrading Treatment
The Code's chapter on crimes against human rights and freedoms contains two related norms. The first concerns torture: creating for a person or a third person conditions, or treatment, which by its character, intensity or duration causes severe physical pain or mental and moral suffering, and whose purpose is to obtain information, evidence or a confession, to intimidate or coerce a person, or to punish a person for an act committed or suspected. The second governs degrading or inhuman treatment: humiliation or coercion of a person, placing him in an inhuman, honour- and dignity-degrading situation causing severe physical or mental pain or moral suffering. The difference lies in purpose and intensity: torture requires a specific purpose and severe suffering, while degrading treatment requires an assault on dignity with severe pain.
Penalties by Part
The basic composition of torture is punished by imprisonment from seven to ten years, a fine, restriction of weapons-related rights or without. The second part governs aggravating features — commission by an official or equivalent person, use of official position, repeatedly, against two or more persons, by a group, in violation of equality, against a pregnant woman, a minor, a detained or otherwise detained person, a helpless or dependent person, by order, in connection with hostage-taking, using medical manipulation or a special instrument, for gain — punishable by imprisonment from nine to fifteen years with deprivation of the right to hold office or carry on activity for up to five years. The third part — with sexual violence, by an organized group, or causing death or other grave consequence — imprisonment from twelve to twenty years or life. Degrading treatment in the basic composition carries a fine or imprisonment from three to seven years; with aggravating features — from five to ten years.
Whom This Charge Threatens
In practice this charge most often concerns officials — employees of special services, the penitentiary system or other agencies conducting interrogations or dealing with detainees. That is why commission by an official or equivalent person and use of official position are singled out as aggravating features. At the same time the composition is not limited to officials: an identical act by a private person also falls under these norms, simply without the aggravating feature.
Comparing the Aggravating Features of the Two Norms
The second parts of both norms establish aggravating features, and their lists partly coincide and partly differ. Common are: commission by an official or equivalent person; use of official position; repeatedly; against two or more persons; by a group; in violation of equality — because of race, skin colour, language, sex, religion, views, origin or status; with prior knowledge against a pregnant woman, a minor, a detained, helpless or dependent person; by order; in connection with hostage-taking. The torture norm has additional features: use of medical manipulation, a medication or a special instrument; for gain; for the purpose of coercing confession to a particularly grave crime or of false denunciation of a third person. The third part belongs to torture alone: with sexual violence, by an organized group or with death and other grave consequence — twelve to twenty years or life. Knowledge of these differences is the first check of qualification: to which norm each feature belongs and whether a feature used by the prosecution has been taken from the other norm.
Defense Arguments
The defense in a torture case rests on several supports. First, the existence of purpose: the composition requires the purpose of obtaining information or a confession, intimidation, coercion or punishment; without purpose the act shifts to another norm. Second, the intensity of pain and suffering: medical and psychiatric conclusions determine whether the pain was severe; the boundary between torture and degrading treatment runs precisely here. Third, procedural violations: interrogation records, video fixation, medical examination of the detainee and the manner of their conduct often expose weaknesses of the prosecution. Each of these directions requires immediate collection of the documents.
Frequently Asked Questions
How does torture differ from degrading treatment?
Torture requires a specific purpose — obtaining information or a confession, intimidation, coercion or punishment — and severe suffering; degrading treatment means placing a person in a dignity-degrading situation with severe pain.
What penalty threatens for torture?
Basic composition — seven to ten years; aggravating features — nine to fifteen; with sexual violence, an organized group or death — twelve to twenty years or life.
Can a private person face this charge?
Yes, the composition is not limited to officials; official status is only an aggravating feature.
What is the defense built on?
On the existence of purpose, expert assessment of the intensity of pain, and procedural violations — records, fixation, medical examination.
How We Help on Legal.ge
On Legal.ge we assist in torture and degrading-treatment cases both in defense and in representing the victim's interests: we verify medical conclusions, demand records and video materials, build the position on purpose and intensity. Contact us already at the investigation stage.