"Cruel, inhuman or degrading treatment or punishment" is referred to as being any action by which physical or mental pain or suffering are inflicted with a minimum of severity to a person. These words are used whenever such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.

However, these words are not used when the pain or suffering is resulting only from legitimate sanctions, inherent to these sanctions or caused by these sanctions. Capital punishment can under no circumstances be considered to be a legitimate sanction.