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Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
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torture
[
Global Index
]
PREAMBLE
[
go to this PREAMBLE
]
... 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
, ...
ARTICLE-1
[
go to this ARTICLE
]
... 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
. ...
ARTICLE-2
[
go to this ARTICLE
]
... 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 instability
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
[
go to this ARTICLE
]
... 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
. ...
ARTICLE-4
[
go to this ARTICLE
]
... 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
. ...
... 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
. ...
... 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
. ...
ARTICLE-10
[
go to this ARTICLE
]
... 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
. ...
ARTICLE-11
[
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]
... 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
[
go to this ARTICLE
]
... 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
[
go to this ARTICLE
]
... 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
[
go to this ARTICLE
]
... 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
. ...
... 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
. ...
ARTICLE-15
[
go to this ARTICLE
]
... 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. ...
... 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
[
go to this ARTICLE
]
... 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
1
, 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
. ...
... 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
1
, 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
. ...
ARTICLE-17
[
go to this ARTICLE
]
... 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
. ...
ARTICLE-20
[
go to this ARTICLE
]
... 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
. ...
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