51 | P age b According to Meskele, the element joining these purposes is perhaps best understood as some connection with the interests or policies of the State and its organs 234 Sufficiently severe pain or suffering inflicted by a public official purely sadistically, but for no other purpose, would therefore appear to be excluded from the definition of torture. 235 According to ICTY and CAT humiliation, retaliation, gender based discrimination (in case of rape against women) are prohibited purposes that are included in the definition of torture. 236 The criminal code provides only torture for the purpose of extracting statement or confession, and to make the victim a testimony in a favorable manner. First, the lists which are clearly provided as prohibited purpose do not properly helps to sufficiently determine what other similar ends are. UNCAT includes torture for extracting information from third person. The CC limits the sources of the information only to the victim of torture. In other word an intentional act of torture on person for the purpose of obtaining statement, confession, testimony or any information from another third person is not crime of use of improper method by torture. It is also doubtful whether the prohibition of torture as a punishment can be included within the phrase any other similar ends. For the following reasons the researcher argues that it is not. First, extracting confession, statement or testimony is not similar with the legal essence of punishment. Second, one of the canons of interpretation is that criminal law should be interpreted narrowly or strictly. Thirdly, the rule of interpretation (Ejusdem Generis) allows only the same species as that of expressly dealt with by the provision should be included. Accordingly, torture for obtaining of any information or not to testify, confess and make any statement maybe included within the species of statement, confession, or testimony but not punishment. In addition, the spirit of the whole article seems regulating the prejudicial proceeding as it can be understood from the reading of the title of the provision cumulative with the lists like obtaining statement, confession or testimony in favorable manner. Whereas, UNCAT prohibit the torture as punishment for the crime a person or third person has committed or is suspected of having 234 Meskele, K. note 15, 52 (Emphasis added. He argued, in addition, that the definition of torture on the latter instrument goes further and more expansive than UNCAT in that it does not require severity of pain and make reference to any other purpose rather than such purpose as. According to the rule of interpretation the latter phrase purports for more narrow interpretation than the former. ibid. K. Fortin, note 91, 150-162.
