Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment
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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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