Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

UNITED NATIONS, 15 Dec 2014

UN General Assembly – TRANSCEND Media Service

A/RES/39/46 – 10 December 1984

The General Assembly,

Recalling 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 in its resolution 3452 (XXX) of

9 December 1975,

Recalling also its resolution 32/62 of 8 December 1977, in which it

requested the Commission on Human Rights to draw up a draft convention against

torture and other cruel, inhuman or degrading treatment or punishment, in the

light of the principles embodied in the Declaration,

Recalling further that, in its resolution 38/119 of 16 December 1983, it

requested the Commission on Human Rights to complete, at its fortieth session,

as a matter of highest priority, the drafting of such a convention, with a

view to submitting a draft, including provisions for the effective

implementation of the future convention, to the General Assembly at its

thirty-ninth session,

Noting with satisfaction Commission on Human Rights resolution 1984/21 of

6 March 1984,by which the Commission decided to transmit the text of a draft

convention against torture and other cruel, inhuman or degrading treatment or

punishment, contained in the annex to the report of the Working Group, to the

General Assembly for its consideration,

Desirous of achieving a more effective implementation of the existing

prohibition under international and national law of the practice of torture

and other cruel, inhuman or degrading treatment or punishment,

1. Expresses its appreciation for the work achieved by the Commission

on Human Rights in preparing the text of a draft convention against torture

and other cruel, inhuman or degrading treatment or punishment;

2. Adopts and opens for signature, ratification and accession the

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or

Punishment contained in the annex to the present resolution;

3. Calls upon all Governments to consider signing and ratifying the

Convention as a matter of priority.

ANNEX

Convention against Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment

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 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 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 paragraphs 1

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.

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