C. TORTURE Any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a victim for such purposes as obtaining from them or a third person information or a confession, punishing them, intimidating them or coercing them, or was motivated in any other way by the victim, or someone associated with the victim, engaging in activities as a journalist, trade unionist or human rights defender, 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 persons acting in an official capacity. 19 Inclusions: Torture; other forms of 11011 Torture + cruel, inhuman or degrading treatment; Torture of a person. - Exclusions: Acts causing harm or intending to cause harm to the person not amounting to torture (02) D. ARBITRARY DETENTION Arrest or detention not in accordance with national laws, because it is not properly based on grounds established by law, or does not conform to the procedures established by law, or is otherwise deemed arbitrary in the sense of being inappropriate, unjust, unreasonable or unnecessary in the circumstances, and motivated by the victim, or someone associated with the victim, engaging in activities as a journalist, trade unionist or human rights defender.20 Inclusions: Arbitrary arrest or 02022 Deprivation of liberty + detention Unlawful detainment of a person or persons against their will. Exclusions: - 19 See, ICCPR art. 7; CAT art. 1; ICERD art. 5(b);CRC art. 37(a); ICRMW arts. 10 and 16(2). Under art. 10(1) of the ICCPR, States also have a positive obligation to ensure that persons depr ived of liberty are treated with humanity and respect for their dignity. 20 Article 3, UDHR; Art 9(1) ICCPR, second sentence:“No one shall be subjected to arbitrary arrest or detention.” 14