UN Convention against torture and ...
01 January 1991
UN Convention against torture and ...
actdoc April=1995
UN Convention against torture and other cruel, inhuman or
degrading treatment or punishment 1985
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 may 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 (resolution 3452 (XXX)),
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, 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 or 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