0% found this document useful (0 votes)
22 views

Article 1

The document outlines the key articles of the United Nations Convention Against Torture. It defines torture and outlines State Party obligations around preventing torture, investigating allegations of torture, protecting victims, and establishing oversight mechanisms.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
22 views

Article 1

The document outlines the key articles of the United Nations Convention Against Torture. It defines torture and outlines State Party obligations around preventing torture, investigating allegations of torture, protecting victims, and establishing oversight mechanisms.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 11

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
A State Party has an obligation to take effective measures to prevent acts of torture in any territory under its
jurisdiction, including legislative, administrative, judicial or other measures. Article 2(2) states that “no exceptional
circumstances whatsoever” may be invoked in justification of torture.
Article 3
A State Party cannot expel, return or extradite a person to another State where there are “substantial grounds” for
believing that the person would be at risk of being subjected to torture.
Article 4
A State Party is required to ensure that all acts of torture are offences under their criminal law, including attempts to
commit torture and acts by any person which constitutes complicity or participation in torture. The Committee
against Torture requires that States use, as a minimum, the definition of torture included in Article 1 of the
Convention.
Article 5
A State Party must establish its jurisdiction over any persons found in its territory who are alleged to have
committed torture, regardless of where the alleged act was committed or the nationality or residence of the alleged
perpetrator.
Article 6
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.Such State shall immediately make a preliminary inquiry into the facts.
Article 7
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.
Article 8
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.

Article 9
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.
Article 10
A State Party is required to ensure that all law enforcement personnel, medical personnel, public officials and other
persons who may be involved in custody, interrogation or treatment of any person are trained regarding the
prohibition against torture, and that the rules relating to their duties incorporate the prohibition.
Article 11
A State Party must keep under systematic review interrogation rules, instructions, methods and practice as well as
arrangements for the custody and treatment of persons under any form of arrest, detention or imprisonment.
Article 12
A State Party must ensure a prompt and impartial investigation where there is a reasonable ground to believe that an
act of torture has been committed in any territory under its jurisdiction.
Article 13
A State Party must ensure that victims of torture have a right to complain to competent authorities, and to have their
case promptly and impartially examined. Steps must be taken to protect the complainant and any witnesses against
all ill-treatment or intimidation as a result of the complaint
Article 14
A State Party must ensure that victims of torture obtain redress and has an enforceable right to compensation,
including the right to as full rehabilitation as possible.
Article 15
A State Party must ensure that any statement made as a result of torture shall not be invoked as evidence in any
proceedings, except in proceedings against an alleged torturer.
Article 16
Under article 16, each State Party is obliged 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.
Article 17
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.
Article 18
The Committee shall elect its officers for a term of two years. They may be re-elected.
Article 19
States Parties must submit reports on their measures under the Convention to the Committee, which will then send
supplementary reports every four years. The Secretary-General of the United Nations will transmit these reports to
all States Parties. The Committee will consider each report, making general comments and forwarding them to the
State Party concerned. The State Party may respond with any observations it chooses. The Committee may include
comments and observations from the State Party in its annual report, or include a copy of the submitted report if
requested.
Article 20
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.
Article 21
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.
Article 22
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.
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.
Article 25
This Convention is open for signature by all States.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 Secretary General of the United Nations.
Article 27
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. 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 on the thirtieth day after the date of the deposit of its own instrument of ratification or accession.
Article 28
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. 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
Any State Party to this Convention may propose an amendment and file it with the SecretaryGeneral of the United
Nations. The Secretary General 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 Secretary General 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.
Article 30
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 the 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.
Article 31
A State Party can denounce this Convention by writing to the Secretary-General of the United Nations, which
becomes effective one year after receipt. Denunciation does not release the State Party from obligations related to
any prior acts or omissions, nor does it affect the continued consideration of any matter already under consideration
by the Committee. After denunciation, the Committee cannot begin considering any new matter regarding the 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
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.
The Secretary-General of the United Nations shall transmit certified copies of this Convention
to all States

You might also like