UN Convention Against Torture & Other Cruel, Inhuman or Degrading Treatment or Punishment

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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.