The Necessary Elements of Torture: A Consideration of the Views of the Human Rights Committee in Giri v Nepal

In the case of Giri v Nepal, the Human Rights Committee has entered the fray in regard to the vexed question of how to distinguish "torture" from "inhuman" or "cruel" treatment in legal terms. The case concerned a complaint by a Nepalese farmer about his arbitrary arrest, detention and torture by soldiers on account of his suspected membership of the Communist Party in Nepal.