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Human Rights &
Humanitarian Law
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)
status of ratifications |
declarations and reservations |
monitoring body
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 General
comment on its implementation
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. (amendment (see General Assembly
resolution 47/111 of 16 December 1992); status of
ratification)
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. (amendment (see
General Assembly resolution 47/111 of 16 December 1992);
status of ratification)
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 afler 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. |
