74 592 FEDERAL SUPPLEMENT, 2d SERIES tages within the meaning of this Convention. Price v. Socialist People’s Libyan Arab Jamahiriya, 294 F.3d 82, 94 (D.C.Cir. 2002). 8. ‘‘Torture’’ is defined in § 3 of the Torture Victim Protection Act of 1991, as follows: (1) the term ‘torture’ means any act, directed against an individual in the offender’s custody or physical control, by which severe pain or suffering (other than pain or suffering arising only from or inherent in, or incidental to, lawful sanctions), whether physical or mental, is intentionally inflicted on that individual for such purposes as obtaining from that individual or a third person information or a confession, punishing that individual for an act that individual or a third person has committed or is suspected of having committed, intimidating or coercing that individual or a third person, or for any reason based on discrimination of any kind; and (2) mental pain or suffering refers to prolonged mental harm caused by or resulting from— (A) the intentional infliction or threatened infliction of severe physical pain or suffering; (B) the administration or application, or threatened administration or application, of mind altering substances or other procedures calculated to disrupt profoundly the senses or the personality; (C) the threat of imminent death; or (D) the threat that another individual will imminently be subjected to death, severe physical pain or suffering, or the administration or application of mind altering substances or other procedures calcu- lated to disrupt profoundly the senses or personality. 28 U.S.C. § 1350 note. 9. North Korea has been designated a state sponsor of terrorism, in part due to its unlawful seizure of the Pueblo. See Public Notice 1048, U.S. Department of State, dated February 5, 1998, 53 FR 347701, 1988 WL 276528 (F.R.) (‘‘In accordance with Section 6(j) of the Export Administration Act (50 U.S.C.App. 2405(j)), I hereby determine that North Korea is a country which has repeatedly provided support of acts of international terrorism.’’ George P. Shultz, Secretary of State). See also 134 Cong. Rec. H475–02, H. Con. Res. 246, Condemning the Bombing by North Korean Agents of Korean Air Lines Flight 858 (Feb. 24, 1988) (expressing ‘‘the bipartisan support in the Congress for the sanctions imposed by the executive branch, specifically, adding North Korea to the list of states supporting international terrorism which is maintained pursuant to section 6(j) of the Export Administration Act of 1979’’). [2] 10. Massie, Tuck, McClarren and Cdr. Bucher were victims of ‘‘torture’’ as defined in section 3 of the Torture Victims Protection Act of 1991 (28 U.S.C. § 1350 note), pursuant to 28 U.S.C. §§ 1605(a)(7) and 1605(e)(1). [3] 11. Massie, Tuck, McClarren and Cdr. Bucher were victims of ‘‘hostage taking’’ as defined in Article 1 of the International Convention Against the Taking of Hostages, pursuant to 28 U.S.C. §§ 1605(a)(7) and 1605(e)(1). [4] 12. Massie, Tuck, McClarren, Cdr. Bucher and Mrs. Bucher have suffered ‘‘personal injury’’ within the definition of 28 U.S.C. §§ 1605(a)(7) as a result of the actions of North Korea in holding hostage and subjecting those aboard the Pueblo to physical and mental torture.