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Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment
Adopted and opened for signature, ratification
and accession by General Assembly resolution 39/46 of 10 December 1984
entry into force 26 June 1987, in accordance
with article 27 (1)
The States Parties to this Convention,
Considering that, in accordance with the principles
proclaimed in the Charter of the United Nations, recognition of the equal and
inalienable rights of all members of the human family is the foundation of
freedom, justice and peace in the world,
Recognizing that those rights derive from the
inherent dignity of the human person,
Considering the obligation of States under the
Charter, in particular Article 55, to promote universal respect for, and
observance of, human rights and fundamental freedoms,
Having regard to article 5 of the Universal
Declaration of Human Rights and article 7 of the International Covenant on Civil
and Political Rights, both of which provide that no one shall be subjected to
torture or to cruel, inhuman or degrading treatment or punishment,
Having regard also to the Declaration on the
Protection of All Persons from Being Subjected to Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, adopted by the General Assembly on
9 December 1975,
Desiring to make more effective the struggle
against torture and other cruel, inhuman or degrading treatment or punishment
throughout the world,
Have agreed as follows:
PART I
Article 1
1. For the purposes of this Convention, the term
"torture" means any act by which severe pain or suffering, whether physical or
mental, is intentionally inflicted on a person for such purposes as obtaining
from him or a third person information or a confession, punishing him for an act
he or a third person has committed or is suspected of having committed, or
intimidating or coercing him or a third person, or for any reason based on
discrimination of any kind, 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 person acting in an official capacity. It does not include pain or
suffering arising only from, inherent in or incidental to lawful sanctions.
2. This article is without prejudice to any
international instrument or national legislation which does or may contain
provisions of wider application.
Article 2
1. Each State Party shall take effective
legislative, administrative, judicial or other measures to prevent acts of
torture in any territory under its jurisdiction.
2. No exceptional circumstances whatsoever, whether
a state of war or a threat of war, internal political in stability or any other
public emergency, may be invoked as a justification of torture.
3. An order from a superior officer or a public
authority may not be invoked as a justification of torture.
Article 3
1. No State Party shall expel, return ("refouler")
or extradite a person to another State where there are substantial grounds for
believing that he would be in danger of being subjected to torture.
2. For the purpose of determining whether there are
such grounds, the competent authorities shall take into account all relevant
considerations including, where applicable, the existence in the State concerned
of a consistent pattern of gross, flagrant or mass violations of human rights.
Article 4
1. Each State Party shall ensure that all acts of
torture are offences under its criminal law. The same shall apply to an attempt
to commit torture and to an act by any person which constitutes complicity or
participation in torture. 2. Each State Party shall make these offences
punishable by appropriate penalties which take into account their grave nature.
Article 5
1. Each State Party shall take such measures as may
be necessary to establish its jurisdiction over the offences referred to in
article 4 in the following cases:
(a) When the offences are committed in any
territory under its jurisdiction or on board a ship or aircraft registered in
that State;
(b) When the alleged offender is a national of that
State;
(c) When the victim is a national of that State if
that State considers it appropriate.
2. Each State Party shall likewise take such
measures as may be necessary to establish its jurisdiction over such offences in
cases where the alleged offender is present in any territory under its
jurisdiction and it does not extradite him pursuant to article 8 to any of the
States mentioned in paragraph I of this article.
3. This Convention does not exclude any criminal
jurisdiction exercised in accordance with internal law.
Article 6
1. Upon being satisfied, after an examination of
information available to it, that the circumstances so warrant, any State Party
in whose territory a person alleged to have committed any offence referred to in
article 4 is present shall take him into custody or take other legal measures to
ensure his presence. The custody and other legal measures shall be as provided
in the law of that State but may be continued only for such time as is necessary
to enable any criminal or extradition proceedings to be instituted.
2. Such State shall immediately make a preliminary
inquiry into the facts.
3. Any person in custody pursuant to paragraph I of
this article shall be assisted in communicating immediately with the nearest
appropriate representative of the State of which he is a national, or, if he is
a stateless person, with the representative of the State where he usually
resides.
4. When a State, pursuant to this article, has
taken a person into custody, it shall immediately notify the States referred to
in article 5, paragraph 1, of the fact that such person is in custody and of the
circumstances which warrant his detention. The State which makes the preliminary
inquiry contemplated in paragraph 2 of this article shall promptly report its
findings to the said States and shall indicate whether it intends to exercise
jurisdiction.
Article 7
1. The State Party in the territory under whose
jurisdiction a person alleged to have committed any offence referred to in
article 4 is found shall in the cases contemplated in article 5, if it does not
extradite him, submit the case to its competent authorities for the purpose of
prosecution.
2. These authorities shall take their decision in
the same manner as in the case of any ordinary offence of a serious nature under
the law of that State. In the cases referred to in article 5, paragraph 2, the
standards of evidence required for prosecution and conviction shall in no way be
less stringent than those which apply in the cases referred to in article 5,
paragraph 1.
3. Any person regarding whom proceedings are
brought in connection with any of the offences referred to in article 4 shall be
guaranteed fair treatment at all stages of the proceedings.
Article 8
1. The offences referred to in article 4 shall be
deemed to be included as extraditable offences in any extradition treaty
existing between States Parties. States Parties undertake to include such
offences as extraditable offences in every extradition treaty to be concluded
between them.
2. If a State Party which makes extradition
conditional on the existence of a treaty receives a request for extradition from
another State Party with which it has no extradition treaty, it may consider
this Convention as the legal basis for extradition in respect of such offences.
Extradition shall be subject to the other conditions provided by the law of the
requested State.
3. States Parties which do not make extradition
conditional on the existence of a treaty shall recognize such offences as
extraditable offences between themselves subject to the conditions provided by
the law of the requested State.
4. Such offences shall be treated, for the purpose
of extradition between States Parties, as if they had been committed not only in
the place in which they occurred but also in the territories of the States
required to establish their jurisdiction in accordance with article 5, paragraph
1.
Article 9
1. States Parties shall afford one another the
greatest measure of assistance in connection with criminal proceedings brought
in respect of any of the offences referred to in article 4, including the supply
of all evidence at their disposal necessary for the proceedings.
2. States Parties shall carry out their obligations
under paragraph I of this article in conformity with any treaties on mutual
judicial assistance that may exist between them.
Article 10
1. Each State Party shall ensure that education and
information regarding the prohibition against torture are fully included in the
training of law enforcement personnel, civil or military, medical personnel,
public officials and other persons who may be involved in the custody,
interrogation or treatment of any individual subjected to any form of arrest,
detention or imprisonment.
2. Each State Party shall include this prohibition
in the rules or instructions issued in regard to the duties and functions of any
such person.
Article 11
Each State Party shall keep under systematic review
interrogation rules, instructions, methods and practices as well as arrangements
for the custody and treatment of persons subjected to any form of arrest,
detention or imprisonment in any territory under its jurisdiction, with a view
to preventing any cases of torture.
Article 12
Each State Party shall ensure that its competent
authorities proceed to a prompt and impartial investigation, wherever there is
reasonable ground to believe that an act of torture has been committed in any
territory under its jurisdiction.
Article 13
Each State Party shall ensure that any individual
who alleges he has been subjected to torture in any territory under its
jurisdiction has the right to complain to, and to have his case promptly and
impartially examined by, its competent authorities. Steps shall be taken to
ensure that the complainant and witnesses are protected against all
ill-treatment or intimidation as a consequence of his complaint or any evidence
given.
Article 14
1. Each State Party shall ensure in its legal
system that the victim of an act of torture obtains redress and has an
enforceable right to fair and adequate compensation, including the means for as
full rehabilitation as possible. In the event of the death of the victim as a
result of an act of torture, his dependants shall be entitled to compensation.
2. Nothing in this article shall affect any right
of the victim or other persons to compensation which may exist under national
law.
Article 15
Each State Party shall ensure that any statement
which is established to have been made as a result of torture shall not be
invoked as evidence in any proceedings, except against a person accused of
torture as evidence that the statement was made.
Article 16
1. Each State Party shall undertake to prevent in
any territory under its jurisdiction other acts of cruel, inhuman or degrading
treatment or punishment which do not amount to torture as defined in article I,
when such acts are committed by or at the instigation of or with the consent or
acquiescence of a public official or other person acting in an official
capacity. In particular, the obligations contained in articles 10, 11, 12 and 13
shall apply with the substitution for references to torture of references to
other forms of cruel, inhuman or degrading treatment or punishment.
2. The provisions of this Convention are without
prejudice to the provisions of any other international instrument or national
law which prohibits cruel, inhuman or degrading treatment or punishment or which
relates to extradition or expulsion.
PART II
Article 17
1. There shall be established a Committee against
Torture (hereinafter referred to as the Committee) which shall carry out the
functions hereinafter provided. The Committee shall consist of ten experts of
high moral standing and recognized competence in the field of human rights, who
shall serve in their personal capacity. The experts shall be elected by the
States Parties, consideration being given to equitable geographical distribution
and to the usefulness of the participation of some persons having legal
experience.
2. The members of the Committee shall be elected by
secret ballot from a list of persons nominated by States Parties. Each State
Party may nominate one person from among its own nationals. States Parties shall
bear in mind the usefulness of nominating persons who are also members of the
Human Rights Committee established under the International Covenant on Civil and
Political Rights and who are willing to serve on the Committee against Torture.
3. Elections of the members of the Committee shall
be held at biennial meetings of States Parties convened by the Secretary-General
of the United Nations. At those meetings, for which two thirds of the States
Parties shall constitute a quorum, the persons elected to the Committee shall be
those who obtain the largest number of votes and an absolute majority of the
votes of the representatives of States Parties present and voting.
4. The initial election shall be held no later than
six months after the date of the entry into force of this Convention. At. Ieast
four months before the date of each election, the Secretary-General of the
United Nations shall address a letter to the States Parties inviting them to
submit their nominations within three months. The Secretary-General shall
prepare a list in alphabetical order of all persons thus nominated, indicating
the States Parties which have nominated them, and shall submit it to the States
Parties.
5. The members of the Committee shall be elected
for a term of four years. They shall be eligible for re-election if renominated.
However, the term of five of the members elected at the first election shall
expire at the end of two years; immediately after the first election the names
of these five members shall be chosen by lot by the chairman of the meeting
referred to in paragraph 3 of this article.
6. If a member of the Committee dies or resigns or
for any other cause can no longer perform his Committee duties, the State Party
which nominated him shall appoint another expert from among its nationals to
serve for the remainder of his term, subject to the approval of the majority of
the States Parties. The approval shall be considered given unless half or more
of the States Parties respond negatively within six weeks after having been
informed by the Secretary-General of the United Nations of the proposed
appointment.
7. States Parties shall be responsible for the
expenses of the members of the Committee while they are in performance of
Committee duties.
Article 18
1. The Committee shall elect its officers for a
term of two years. They may be re-elected.
2. The Committee shall establish its own rules of
procedure, but these rules shall provide, inter alia, that:
(a) Six members shall constitute a quorum;
(b) Decisions of the Committee shall be made by a
majority vote of the members present.
3. The Secretary-General of the United Nations
shall provide the necessary staff and facilities for the effective performance
of the functions of the Committee under this Convention.
4. The Secretary-General of the United Nations
shall convene the initial meeting of the Committee. After its initial meeting,
the Committee shall meet at such times as shall be provided in its rules of
procedure.
5. The States Parties shall be responsible for
expenses incurred in connection with the holding of meetings of the States
Parties and of the Committee, including reimbursement to the United Nations for
any expenses, such as the cost of staff and facilities, incurred by the United
Nations pursuant to paragraph 3 of this article.
Article 19
1. The States Parties shall submit to the
Committee, through the Secretary-General of the United Nations, reports on the
measures they have taken to give effect to their undertakings under this
Convention, within one year after the entry into force of the Convention for the
State Party concerned. Thereafter the States Parties shall submit supplementary
reports every four years on any new measures taken and such other reports as the
Committee may request.
2. The Secretary-General of the United Nations
shall transmit the reports to all States Parties.
3. Each report shall be considered by the Committee
which may make such general comments on the report as it may consider
appropriate and shall forward these to the State Party concerned. That State
Party may respond with any observations it chooses to the Committee.
4. The Committee may, at its discretion, decide to
include any comments made by it in accordance with paragraph 3 of this article,
together with the observations thereon received from the State Party concerned,
in its annual report made in accordance with article 24. If so requested by the
State Party concerned, the Committee may also include a copy of the report
submitted under paragraph I of this article.
Article 20
1. If the Committee receives reliable information
which appears to it to contain well-founded indications that torture is being
systematically practised in the territory of a State Party, the Committee shall
invite that State Party to co-operate in the examination of the information and
to this end to submit observations with regard to the information concerned.
2. Taking into account any observations which may
have been submitted by the State Party concerned, as well as any other relevant
information available to it, the Committee may, if it decides that this is
warranted, designate one or more of its members to make a confidential inquiry
and to report to the Committee urgently.
3. If an inquiry is made in accordance with
paragraph 2 of this article, the Committee shall seek the co-operation of the
State Party concerned. In agreement with that State Party, such an inquiry may
include a visit to its territory.
4. After examining the findings of its member or
members submitted in accordance with paragraph 2 of this article, the Commission
shall transmit these findings to the State Party concerned together with any
comments or suggestions which seem appropriate in view of the situation.
5. All the proceedings of the Committee referred to
in paragraphs I to 4 of th is article s hall be con fidential , and at all
stages of the proceedings the co-operation of the State Party shall be sought.
After such proceedings have been completed with regard to an inquiry made in
accordance with paragraph 2, the Committee may, after consultations with the
State Party concerned, decide to include a summary account of the results of the
proceedings in its annual report made in accordance with article 24.
Article 21
1. A State Party to this Convention may at any time
declare under this article that it recognizes the competence of the Committee to
receive and consider communications to the effect that a State Party claims that
another State Party is not fulfilling its obligations under this Convention.
Such communications may be received and considered according to the procedures
laid down in this article only if submitted by a State Party which has made a
declaration recognizing in regard to itself the competence of the Committee. No
communication shall be dealt with by the Committee under this article if it
concerns a State Party which has not made such a declaration. Communications
received under this article shall be dealt with in accordance with the following
procedure;
(a) If a State Party considers that another State
Party is not giving effect to the provisions ofthis Convention, it may, by
written communication, bring the matter to the attention of that State Party.
Within three months after the receipt of the communication the receiving State
shall afford the State which sent the communication an explanation or any other
statement in writing clarifying the matter, which should include, to the extent
possible and pertinent, reference to domestic procedures and remedies taken,
pending or available in the matter;
(b) If the matter is not adjusted to the
satisfaction of both States Parties concerned within six months after the
receipt by the receiving State of the initial communication, either State shall
have the right to refer the matter to the Committee, by notice given to the
Committee and to the other State;
(c) The Committee shall deal with a matter referred
to it under this article only after it has ascertained that all domestic
remedies have been invoked and exhausted in the matter, in conformity with the
generally recognized principles of international law. This shall not be the rule
where the application of the remedies is unreasonably prolonged or is unlikely
to bring effective relief to the person who is the victim of the violation of
this Convention;
(d) The Committee shall hold closed meetings when
examining communications under this article; (e) Subject to the provisions of
subparagraph
(c), the Committee shall make available its good
offices to the States Parties concerned with a view to a friendly solution of
the matter on the basis of respect for the obligations provided for in this
Convention. For this purpose, the Committee may, when appropriate, set up an ad
hoc conciliation commission;
(f) In any matter referred to it under this
article, the Committee may call upon the States Parties concerned, referred to
in subparagraph (b), to supply any relevant information;
(g) The States Parties concerned, referred to in
subparagraph (b), shall have the right to be represented when the matter is
being considered by the Committee and to make submissions orally and/or in
writing;
(h) The Committee shall, within twelve months after
the date of receipt of notice under subparagraph (b), submit a report:
(i) If a solution within the terms of subparagraph
(e) is reached, the Committee shall confine its report to a brief statement of
the facts and of the solution reached;
(ii) If a solution within the terms of subparagraph
(e) is not reached, the Committee shall confine its report to a brief statement
of the facts; the written submissions and record of the oral submissions made by
the States Parties concerned shall be attached to the report.
In every matter, the report shall be communicated
to the States Parties concerned.
2. The provisions of this article shall come into
force when five States Parties to this Convention have made declarations under
paragraph 1 of this article. Such declarations shall be deposited by the States
Parties with the Secretary-General of the United Nations, who shall transmit
copies thereof to the other States Parties. A declaration may be withdrawn at
any time by notification to the Secretary-General. Such a withdrawal shall not
prejudice the consideration of any matter which is the subject of a
communication already transmitted under this article; no further communication
by any State Party shall be received under this article after the notification
of withdrawal of the declaration has been received by the Secretary-General,
unless the State Party concerned has made a new declaration.
Article 22
1. A State Party to this Convention may at any time
declare under this article that it recognizes the competence of the Committee to
receive and consider communications from or on behalf of individuals subject to
its jurisdiction who claim to be victims of a violation by a State Party of the
provisions of the Convention. No communication shall be received by the
Committee if it concerns a State Party which has not made such a declaration.
2. The Committee shall consider inadmissible any
communication under this article which is anonymous or which it considers to be
an abuse of the right of submission of such communications or to be incompatible
with the provisions of this Convention.
3. Subject to the provisions of paragraph 2, the
Committee shall bring any communications submitted to it under this article to
the attention of the State Party to this Convention which has made a declaration
under paragraph I and is alleged to be violating any provisions of the
Convention. Within six months, the receiving State shall submit to the Committee
written explanations or statements clarifying the matter and the remedy, if any,
that may have been taken by that State.
4. The Committee shall consider communications
received under this article in the light of all information made available to it
by or on behalf of the individual and by the State Party concerned. 5. The
Committee shall not consider any communications from an individual under this
article unless it has ascertained that:
(a) The same matter has not been, and is not being,
examined under another procedure of international investigation or settlement;
(b) The individual has exhausted all available
domestic remedies; this shall not be the rule where the application of the
remedies is unreasonably prolonged or is unlikely to bring effective reliefto
the person who is the victim of the violation of this Convention.
6. The Committee shall hold closed meetings when
examining communications under this article.
7. The Committee shall forward its views to the
State Party concerned and to the individual.
8. The provisions of this article shall come into
force when five States Parties to this Convention have made declarations under
paragraph 1 of this article. Such declarations shall be deposited by the States
Parties with the Secretary-General of the United Nations, who shall transmit
copies thereof to the other States Parties. A declaration may be withdrawn at
any time by notification to the Secretary-General. Such a withdrawal shall not
prejudice the consideration of any matter which is the subject of a
communication already transmitted under this article; no further communication
by or on behalf of an individual shall be received under this article after the
notification of withdrawal of the declaration has been received by the
SecretaryGeneral, unless the State Party has made a new declaration.
Article 23
The members of the Committee and of the ad hoc
conciliation commissions which may be appointed under article 21, paragraph I
(e), shall be entitled to the facilities, privileges and immunities of experts
on mission for the United Nations as laid down in the relevant sections of the
Convention on the Privileges and Immunities of the United Nations.
Article 24
The Committee shall submit an annual report on its
activities under this Convention to the States Parties and to the General
Assembly of the United Nations.
PART III
Article 25
1. This Convention is open for signature by all
States. 2. This Convention is subject to ratification. Instruments of
ratification shall be deposited with the Secretary-General of the United
Nations.
Article 26
This Convention is open to accession by all States.
Accession shall be effected by the deposit of an instrument of accession with
the SecretaryGeneral of the United Nations.
Article 27
1. This Convention shall enter into force on the
thirtieth day after the date of the deposit with the Secretary-General of the
United Nations of the twentieth instrument of ratification or accession.
2. For each State ratifying this Convention or
acceding to it after the deposit of the twentieth instrument of ratification or
accession, the Convention shall enter into force onthe thirtieth day after the
date of the deposit of its own instrument of ratification or accession.
Article 28
1. Each State may, at the time of signature or
ratification of this Convention or accession thereto, declare that it does not
recognize the competence of the Committee provided for in article 20.
2. Any State Party having made a reservation in
accordance with paragraph I of this article may, at any time, withdraw this
reservation by notification to the Secretary-General of the United Nations.
Article 29
1 . Any State Party to this Convention may propose
an amendment and file it with the Secretary-General of the United Nations. The
SecretaryGeneral shall thereupon communicate the proposed amendment to the
States Parties with a request that they notify him whether they favour a
conference of States Parties for the purpose of considering an d voting upon the
proposal. In the event that within four months from the date of such
communication at least one third of the States Parties favours such a
conference, the SecretaryGeneral shall convene the conference under the auspices
of the United Nations. Any amendment adopted by a majority of the States Parties
present and voting at the conference shall be submitted by the Secretary-General
to all the States Parties for acceptance.
2. An amendment adopted in accordance with
paragraph I of this article shall enter into force when two thirds of the States
Parties to this Convention have notified the Secretary-General of the United
Nations that they have accepted it in accordance with their respective
constitutional processes.
3. When amendments enter into force, they shall be
binding on those States Parties which have accepted them, other States Parties
still being bound by the provisions of this Convention and any earlier
amendments which they have accepted.
Article 30
1. Any dispute between two or more States Parties
concerning the interpretation or application of this Convention which cannot be
settled through negotiation shall, at the request of one of them, be submitted
to arbitration. If within six months from thc date of the request for
arbitration the Parties are unable to agree on the organization of the
arbitration, any one of those Parties may refer the dispute to the International
Court of Justice by request in conformity with the Statute of the Court.
2. Each State may, at the time of signature or
ratification of this Con vention or accession thereto, declare that it does not
consider itself bound by paragraph I of this article. The other States Parties
shall not be bound by paragraph I of this article with respect to any State
Party having made such a reservation.
3. Any State Party having made a reservation in
accordance with paragraph 2 of this article may at any time withdraw this
reservation by notification to the Secretary-General of the United Nations.
Article 31
1. A State Party may denounce this Convention by
written notification to the Secretary-General of the United Nations.
Denunciation becomes effective one year after the date of receipt of- the
notification by the Secretary-General .
2. Such a denunciation shall not have the effect of
releasing the State Party from its obligations under this Convention in regard
to any act or omission which occurs prior to the date at which the denunciation
becomes effective, nor shall denunciation prejudice in any way the continued
consideration of any matter which is already under consideration by the
Committee prior to the date at which the denunciation becomes effective.
3. Following the date at which the denunciation of
a State Party becomes effective, the Committee shall not commence consideration
of any new matter regarding that State.
Article 32
The Secretary-General of the United Nations shall
inform all States Members of the United Nations and all States which have signed
this Convention or acceded to it of the following:
(a) Signatures, ratifications and accessions under
articles 25 and 26;
(b) The date of entry into force of this Convention
under article 27 and the date of the entry into force of any amendments under
article 29;
(c) Denunciations under article 31.
Article 33
1. This Convention, of which the Arabic, Chinese,
English, French, Russian and Spanish texts are equally authentic, shall be
deposited with the Secretary-General of the United Nations.
2. The Secretary-General of the United Nations
shall transmit certified copies of this Convention to all States.
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