That's what's prohibited.
Now, if you should cause pain and suffering as an "incidental" while, perhaps, blowing their brains out with a shotgun, that's actually OK!
We'd best keep that in mind come the revolution ~ wouldn't want to get in trouble with the UN or anything. So, keep it clean, keep it legal ~ jus' kill 'em.
(NOTE: Hope I got across to everyone the profound hypocrisy the Leftwingtards and Do-Gooders got into putting that convention together).
That's the entire point.
Under ObamaWimps definition, a prison could suffer "torture" if that prisoner was claustrophobic and thus suffered mental pain from being locked up in a small cell.
Or a terror suspect could claim "torture" (mental pain and anguish) if that terror suspect was given non-Muslim food, of if that prisoner was not allowed to have Mecca prayer rugs....