UN Convention Against Torture encyclopedia topics

Genesis

Summary

The Covenant follows the structure of the UDHR and ICCPR, with a preamble and thirty three articles, divided into three parts.

Part I (Articles 1-16) defines torture (Article 1), and commits parties to taking effective measures to prevent any act of torture in any territory under their jurisdiction (Article 2). These include ensuring that torture is a criminal offence (Article 4), establishing jurisdiction over acts of torture committed by or against a party's citizens (Article 5), ensuring that torture is an extraditable offence (Article 8), and establishing universal jurisdiction to try cases of torture where an alleged torturer cannot be extradited (Article 5). Parties must promptly investigate any allegation of torture (Articles 12 & 13), and victims of torture must have an enforceable right to compensation (Article 14). Parties must also ban the use of evidence produced by torture in their courts (Article 15), and are barred from deporting, extraditing or refouling people where there are substantial grounds for believing they will be torture (Article 3).

Parties are also obliged to prevent other acts of cruel, inhuman or degrading treatment or punishment, and to investigate any allegation of such treatment within their jurisdiction (Article 16).

Part II (articles 17 - 24) governs reporting and monitoring of the Convention and the steps taken by the parties to implement it. It establishes the Committee against Torture (Article 17), and empowers it to investigate allegations of systematic torture (Article 20). It also establishes an optional dispute-resolution mechanism between parties (Articles 21) and allows parties to recognise the competence of the Committee to hear complaints from individuals about violations of the Convention by a party (Article 22).

Part III (Articles 25 - 33) governs ratification, entry into force, and amendment of the Convention. It also includes an optional arbitration mechanism for disputes between parties (Article 30).

Core provisions

Definition of torture

Article 1 of the Convention defines torture as:

Actions which fall short of torture may still constitute cruel, inhuman or degrading treatment under Article 16.

Ban on torture and cruel and degrading treatment

Article 2 of the convention prohibits torture, and requires parties to take effective measures to prevent it in any territory under its jurisdiction. This prohibition is absolute and non-derogable. "No exceptional circumstances whatsoever may be invoked to justify torture, including war, threat of war, internal political instability, public emergency, terrorist acts, violent crime, or any form of armed conflict. Torture cannot be justified as a means to protect public safety or prevent emergncies. Neither can it be justified by orders from superior officers or public officials. The prohibition on torture applies to all territories under a party's effective jurisdiction, and protects all people under its effective control, regardless of citizenship or how that control is exercised. Since the Conventions entry into force, this absolute prohibition has become accepted as a principle of customary international law.

Because it is often difficult to distinguish between cruel, inhuman or degrading treatment and torture, the Committee regards Article 16's prohibition of such treatment as similarly absolute and non-derogable.

The other articles of part I lay out specific obligations intended to implement this absolute prohibition by preventing, investigating and punishing acts of torture.

Ban on refoulement

Article 3 prohibits parties from returning, extraditing or refouling any person to a state "where there are substantial grounds for believing that he would be in danger of being subjected to torture". The Committee against Torture has held that this danger must be assessed not just for the initial receiving state, but also to states to which the person may be subsequently expelled, returned or extradited.

Complaints mechanism

Optional Protocol

The Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the General Assembly on 18 December 2002 and in force since 22 June 2006, provides for the establishment of "a system of regular visits undertaken by independent international and national bodies to places where people are deprived of their liberty, in order to prevent torture and other cruel, inhuman or degrading treatment or punishment, to be overseen by a Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Committee against Torture

The Committee against Torture (CAT) is a body of human rights experts that monitors implementation of the Convention by State parties. The Committee is one of seven UN-linked human rights treaty bodies.

All State parties are obliged under the Convention to submit regular reports to the CAT on how the rights are being implemented. Upon ratifying the Convention, States must submit a report within one year, after which they are obliged to report every four years. The Committee examines each report and addresses its concerns and recommendations to the State party in the form of “concluding observations”.

Under certain circumstances, the CAT may consider complaints or communications from individuals claiming that their rights under the Convention have been violated.

The CAT usually meets in May and November each year in Geneva.

The current membership of the CAT is: