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by United Nations
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 instability 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 1 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 1 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 United
States.
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 1 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 persons.
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 1, 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 least 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 1 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 Committee 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 paragraphs1 to 4 of this article shall be confidential,
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 of this
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 1 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 relief to 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 Secretary-General, 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 1 (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 Secretary-General 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 on the
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 1 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 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 and 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.
2. An amendment adopted in accordance
with paragraph 1 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 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.
2. Each State may, at the time of
signature or ratification of this Convention or accession thereto,
declare that it does not consider itself bound by paragraph 1 of this
article. The other States Parties shall not be bound by paragraph 1 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.
On February 4, 1985, the Convention
was opened for signature at United Nations Headquarters in New York. At
that time, representatives of the following countries signed it:
Afghanistan, Argentina, Belgium, Bolivia, Costa Rica, Denmark, Dominican
Republic, Finland, France, Greece, Iceland, Italy, Netherlands, Norway,
Portugal, Senegal, Spain, Sweden, Switzerland and Uruguay. Subsequently,
signatures were received from Venezuela on February 15, from Luxembourg
and Panama on February 22, from Austria on March 14, and from the United
Kingdom on March 15, 1985.
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