New York, 10 December 1984
Objectives
Torture and other cruel, inhuman or degrading treatment or punishment are
particularly serious violations of human rights and, as such, are strictly
condemned by international law. Based upon the recognition that such practices
are outlawed, the Convention strengthens the existing prohibition by a number of
supporting measures. The Convention provides for several forms of international
supervision in relation to the observance by States parties of their obligations
under the Convention including the creation of an international supervisory body
- the Committee against Torture - which can consider complaints from a State
party or from or on behalf of individuals.
Key Provisions
The prohibition against torture is absolute and, according to the Convention, no
exceptional circumstances whatsoever, including state of emergency or war or an
order from a public authority may be invoked as a justification of torture.
"Torture" is defined as:
"... 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."
States parties have the obligation to prevent and punish not only acts of
torture as defined in the Convention, but also other acts of cruel, inhuman or
degrading treatment or punishment, 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.
States parties have an obligation to take effective legislative, administrative,
judicial or other measures to prevent acts of torture from occurring on their
territories. Measures mentioned in the Convention include the prohibition and
punishability by appropriate penalties of all acts of torture in
domestic criminal law; education and information regarding the prohibition
against torture to be fully integrated into the training of law enforcement
personnel, civil or military, medical personnel, public officials and others;
the systematic review by State parties of interrogation rules,
instructions, methods and practices as well as of arrangements for the custody
and treatment of suspects, detainees and prisoners; guarantees for the promptand
impartial investigation by competent authorities into allegations oftorture; the
protection of witnesses; and the possibility for victims to obtain redress and
fair and adequate compensation and rehabilitation.
In addition, States parties have an obligation not to expel, return or extradite
a person to another State where he or she would be in danger of being subjected
to torture. An act of torture is required to be made an extraditable offence and
a State party is to take measures to establish its jurisdiction over crimes of
torture committed in any part of its territory by one of its nationals and when
an alleged offender is present on its territory and not extradited.
In order to monitor and review actions taken by States parties to fulfil their
obligations, the Committee against Torture has four procedures at its disposal.
The first is the obligation for all States parties to submit periodic reports to
the Committee for examination, which results in the adoption of recommendations
by the Committee to the State party in question. A particular feature of the
Convention is that if the Committee receives reliable information indicating
that torture is being systematically practised in the territory of a State
party, the Committee may decide to initiate a confidential inquiry of the
situation. Such inquiry would be carried out in cooperation with the State party
concerned and would include country visits. The Committee can also consider
complaints from individuals who claim to be victims of a violation by a State
party to the Convention. This may be done only if the State party concerned has
declared that it recognizes the competence of the Committee to receive and
examine such complaints. As of 15 June 2000, 44 State parties had made such a
declaration. Finally, a procedure of State-to-State complaints is provided for
by the Convention, but has so far never been resorted to.