{"id":51128,"date":"2014-12-15T12:00:52","date_gmt":"2014-12-15T12:00:52","guid":{"rendered":"https:\/\/www.transcend.org\/tms\/?p=51128"},"modified":"2015-05-05T21:27:10","modified_gmt":"2015-05-05T20:27:10","slug":"convention-against-torture-and-other-cruel-inhuman-or-degrading-treatment-or-punishment","status":"publish","type":"post","link":"https:\/\/www.transcend.org\/tms\/2014\/12\/convention-against-torture-and-other-cruel-inhuman-or-degrading-treatment-or-punishment\/","title":{"rendered":"Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment"},"content":{"rendered":"

A\/RES\/39\/46 – 10 December 1984<\/strong><\/p>\n

The General Assembly,<\/p>\n

Recalling the Declaration on the Protection of All Persons from Being<\/p>\n

Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or<\/p>\n

Punishment, adopted by the General Assembly in its resolution 3452 (XXX) of<\/p>\n

9 December 1975,<\/p>\n

Recalling also its resolution 32\/62 of 8 December 1977, in which it<\/p>\n

requested the Commission on Human Rights to draw up a draft convention against<\/p>\n

torture and other cruel, inhuman or degrading treatment or punishment, in the<\/p>\n

light of the principles embodied in the Declaration,<\/p>\n

Recalling further that, in its resolution 38\/119 of 16 December 1983, it<\/p>\n

requested the Commission on Human Rights to complete, at its fortieth session,<\/p>\n

as a matter of highest priority, the drafting of such a convention, with a<\/p>\n

view to submitting a draft, including provisions for the effective<\/p>\n

implementation of the future convention, to the General Assembly at its<\/p>\n

thirty-ninth session,<\/p>\n

Noting with satisfaction Commission on Human Rights resolution 1984\/21 of<\/p>\n

6 March 1984,by which the Commission decided to transmit the text of a draft<\/p>\n

convention against torture and other cruel, inhuman or degrading treatment or<\/p>\n

punishment, contained in the annex to the report of the Working Group, to the<\/p>\n

General Assembly for its consideration,<\/p>\n

Desirous of achieving a more effective implementation of the existing<\/p>\n

prohibition under international and national law of the practice of torture<\/p>\n

and other cruel, inhuman or degrading treatment or punishment,<\/p>\n

    \n
  1. Expresses its appreciation for the work achieved by the Commission<\/li>\n<\/ol>\n

    on Human Rights in preparing the text of a draft convention against torture<\/p>\n

    and other cruel, inhuman or degrading treatment or punishment;<\/p>\n

      \n
    1. Adopts and opens for signature, ratification and accession the<\/li>\n<\/ol>\n

      Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or<\/p>\n

      Punishment contained in the annex to the present resolution;<\/p>\n

        \n
      1. Calls upon all Governments to consider signing and ratifying the<\/li>\n<\/ol>\n

        Convention as a matter of priority.<\/p>\n

        ANNEX<\/p>\n

        Convention against Torture and Other Cruel, Inhuman or<\/p>\n

        Degrading Treatment or Punishment<\/p>\n

        The States Parties to this Convention,<\/p>\n

        Considering that, in accordance with the principles proclaimed in the<\/p>\n

        Charter of the United Nations, recognition of the equal and inalienable rights<\/p>\n

        of all members of the human family is the foundation of freedom, justice and<\/p>\n

        peace in the world,<\/p>\n

        Recognizing that those rights derive from the inherent dignity of the<\/p>\n

        human person,<\/p>\n

        Considering the obligation of States under the Charter, in particular<\/p>\n

        Article 55, to promote universal respect for, and observance of, human rights<\/p>\n

        and fundamental freedoms,<\/p>\n

        Having regard to article 5 of the Universal Declaration of Human Rights<\/p>\n

        and article 7 of the International Covenant on Civil and Political Rights,<\/p>\n

        both of which provide that no one shall be subjected to torture or to cruel,<\/p>\n

        inhuman or degrading treatment or punishment,<\/p>\n

        Having regard also to the Declaration on the Protection of All Persons<\/p>\n

        from Being Subjected to Torture and Other Cruel, Inhuman or Degrading<\/p>\n

        Treatment or Punishment, adopted by the General Assembly on 9 December 1975,<\/p>\n

        Desiring to make more effective the struggle against torture and other<\/p>\n

        cruel, inhuman or degrading treatment or punishment throughout the world,<\/p>\n

        Have agreed as follows:<\/p>\n

        PART I<\/p>\n

        Article 1<\/p>\n

          \n
        1. For the purposes of this Convention, the term “torture” means any<\/li>\n<\/ol>\n

          act by which severe pain or suffering, whether physical or mental, is<\/p>\n

          intentionally inflicted on a person for such purposes as obtaining from him or<\/p>\n

          a third person information or a confession, punishing him for an act he or a<\/p>\n

          third person has committed or is suspected of having committed, or<\/p>\n

          intimidating or coercing him or a third person, or for any reason based on<\/p>\n

          discrimination of any kind, when such pain or suffering is inflicted by or at<\/p>\n

          the instigation of or with the consent or acquiescence of a public official or<\/p>\n

          other person acting in an official capacity. It does not include pain or<\/p>\n

          suffering arising only from, inherent in or incidental to lawful sanctions.<\/p>\n

            \n
          1. This article is without prejudice to any international instrument or<\/li>\n<\/ol>\n

            national legislation which does or may contain provisions of wider<\/p>\n

            application.<\/p>\n

            Article 2<\/p>\n

              \n
            1. Each State Party shall take effective legislative, administrative,<\/li>\n<\/ol>\n

              judicial or other measures to prevent acts of torture in any territory under<\/p>\n

              its jurisdiction.<\/p>\n

                \n
              1. No exceptional circumstances whatsoever, whether a state of war or a<\/li>\n<\/ol>\n

                threat of war, internal political instability or any other public emergency,<\/p>\n

                may be invoked as a justification of torture.<\/p>\n

                  \n
                1. An order from a superior officer or a public authority may not be<\/li>\n<\/ol>\n

                  invoked as a justification of torture.<\/p>\n

                  Article 3<\/p>\n

                    \n
                  1. No State Party shall expel, return (“refouler”) or extradite a<\/li>\n<\/ol>\n

                    person to another State where there are substantial grounds for believing that<\/p>\n

                    he would be in danger of being subjected to torture.<\/p>\n

                      \n
                    1. For the purpose of determining whether there are such grounds, the<\/li>\n<\/ol>\n

                      competent authorities shall take into account all relevant considerations<\/p>\n

                      including, where applicable, the existence in the State concerned of a<\/p>\n

                      consistent pattern of gross, flagrant or mass violations of human rights.<\/p>\n

                      Article 4<\/p>\n

                        \n
                      1. Each State Party shall ensure that all acts of torture are offences<\/li>\n<\/ol>\n

                        under its criminal law. The same shall apply to an attempt to commit torture<\/p>\n

                        and to an act by any person which constitutes complicity or participation in<\/p>\n

                        torture.<\/p>\n

                          \n
                        1. Each State Party shall make these offences punishable by appropriate<\/li>\n<\/ol>\n

                          penalties which take into account their grave nature.<\/p>\n

                          Article 5<\/p>\n

                            \n
                          1. Each State Party shall take such measures as may be necessary to<\/li>\n<\/ol>\n

                            establish its jurisdiction over the offences referred to in article 4 in the<\/p>\n

                            following cases:<\/p>\n

                            (a) When the offences are committed in any territory under its<\/p>\n

                            jurisdiction or on board a ship or aircraft registered in that State;<\/p>\n

                            (b) When the alleged offender is a national of that State;<\/p>\n

                            (c) When the victim is a national of that State if that State considers<\/p>\n

                            it appropriate.<\/p>\n

                              \n
                            1. Each State Party shall likewise take such measures as may be<\/li>\n<\/ol>\n

                              necessary to establish its jurisdiction over such offences in cases where the<\/p>\n

                              alleged offender is present in any territory under its jurisdiction and it<\/p>\n

                              does not extradite him pursuant to article 8 to any of the States mentioned in<\/p>\n

                              paragraph 1 of this article.<\/p>\n

                                \n
                              1. This Convention does not exclude any criminal jurisdiction exercised<\/li>\n<\/ol>\n

                                in accordance with internal law.<\/p>\n

                                Article 6<\/p>\n

                                  \n
                                1. Upon being satisfied, after an examination of information available<\/li>\n<\/ol>\n

                                  to it, that the circumstances so warrant, any State Party in whose territory a<\/p>\n

                                  person alleged to have committed any offence referred to in article 4 is<\/p>\n

                                  present shall take him into custody or take other legal measures to ensure his<\/p>\n

                                  presence. The custody and other legal measures shall be as provided in the<\/p>\n

                                  law of that State but may be continued only for such time as is necessary to<\/p>\n

                                  enable any criminal or extradition proceedings to be instituted.<\/p>\n

                                    \n
                                  1. Such State shall immediately make a preliminary inquiry into the<\/li>\n<\/ol>\n

                                    facts.<\/p>\n

                                      \n
                                    1. Any person in custody pursuant to paragraph 1 of this article shall<\/li>\n<\/ol>\n

                                      be assisted in communicating immediately with the nearest appropriate<\/p>\n

                                      representative of the State of which he is a national, or, if he is a<\/p>\n

                                      stateless person, with the representative of the State where he usually<\/p>\n

                                      resides.<\/p>\n

                                        \n
                                      1. When a State, pursuant to this article, has taken a person into<\/li>\n<\/ol>\n

                                        custody, it shall immediately notify the States referred to in article 5,<\/p>\n

                                        paragraph 1, of the fact that such person is in custody and of the<\/p>\n

                                        circumstances which warrant his detention. The State which makes the<\/p>\n

                                        preliminary inquiry contemplated in paragraph 2 of this article shall promptly<\/p>\n

                                        report its findings to the said States and shall indicate whether it intends<\/p>\n

                                        to exercise jurisdiction.<\/p>\n

                                        Article 7<\/p>\n

                                          \n
                                        1. The State Party in the territory under whose jurisdiction a person<\/li>\n<\/ol>\n

                                          alleged to have committed any offence referred to in article 4 is found shall<\/p>\n

                                          in the cases contemplated in article 5, if it does not extradite him, submit<\/p>\n

                                          the case to its competent authorities for the purpose of prosecution.<\/p>\n

                                            \n
                                          1. These authorities shall take their decision in the same manner as in<\/li>\n<\/ol>\n

                                            the case of any ordinary offence of a serious nature under the law of that<\/p>\n

                                            State. In the cases referred to in article 5, paragraph 2, the standards of<\/p>\n

                                            evidence required for prosecution and conviction shall in no way be less<\/p>\n

                                            stringent than those which apply in the cases referred to in article 5,<\/p>\n

                                            paragraph 1.<\/p>\n

                                              \n
                                            1. Any person regarding whom proceedings are brought in connection with<\/li>\n<\/ol>\n

                                              any of the offences referred to in article 4 shall be guaranteed fair<\/p>\n

                                              treatment at all stages of the proceedings.<\/p>\n

                                              Article 8<\/p>\n

                                                \n
                                              1. The offences referred to in article 4 shall be deemed to be included<\/li>\n<\/ol>\n

                                                as extraditable offences in any extradition treaty existing between States<\/p>\n

                                                Parties. States Parties undertake to include such offences as extraditable<\/p>\n

                                                offences in every extradition treaty to be concluded between them.<\/p>\n

                                                  \n
                                                1. If a State Party which makes extradition conditional on the<\/li>\n<\/ol>\n

                                                  existence of a treaty receives a request for extradition from another State<\/p>\n

                                                  Party with which it has no extradition treaty, it may consider this Convention<\/p>\n

                                                  as the legal basis for extradition in respect of such offences. Extradition<\/p>\n

                                                  shall be subject to the other conditions provided by the law of the requested<\/p>\n

                                                  State.<\/p>\n

                                                    \n
                                                  1. States Parties which do not make extradition conditional on the<\/li>\n<\/ol>\n

                                                    existence of a treaty shall recognize such offences as extraditable offences<\/p>\n

                                                    between themselves subject to the conditions provided by the law of the<\/p>\n

                                                    requested State.<\/p>\n

                                                      \n
                                                    1. Such offences shall be treated, for the purpose of extradition<\/li>\n<\/ol>\n

                                                      between States Parties, as if they had been committed not only in the place in<\/p>\n

                                                      which they occurred but also in the territories of the States required to<\/p>\n

                                                      establish their jurisdiction in accordance with article 5, paragraph 1.<\/p>\n

                                                      Article 9<\/p>\n

                                                        \n
                                                      1. States Parties shall afford one another the greatest measure of<\/li>\n<\/ol>\n

                                                        assistance in connection with criminal proceedings brought in respect of any<\/p>\n

                                                        of the offences referred to in article 4, including the supply of all evidence<\/p>\n

                                                        at their disposal necessary for the proceedings.<\/p>\n

                                                          \n
                                                        1. States Parties shall carry out their obligations under paragraph 1<\/li>\n<\/ol>\n

                                                          of this article in conformity with any treaties on mutual judicial assistance<\/p>\n

                                                          that may exist between them.<\/p>\n

                                                          Article 10<\/p>\n

                                                            \n
                                                          1. Each State Party shall ensure that education and information<\/li>\n<\/ol>\n

                                                            regarding the prohibition against torture are fully included in the training<\/p>\n

                                                            of law enforcement personnel, civil or military, medical personnel, public<\/p>\n

                                                            officials and other persons who may be involved in the custody, interrogation<\/p>\n

                                                            or treatment of any individual subjected to any form of arrest, detention or<\/p>\n

                                                            imprisonment.<\/p>\n

                                                              \n
                                                            1. Each State Party shall include this prohibition in the rules or<\/li>\n<\/ol>\n

                                                              instructions issued in regard to the duties and functions of any such persons.<\/p>\n

                                                              Article 11<\/p>\n

                                                              Each State Party shall keep under systematic review interrogation rules,<\/p>\n

                                                              instructions, methods and practices as well as arrangements for the custody<\/p>\n

                                                              and treatment of persons subjected to any form of arrest, detention or<\/p>\n

                                                              imprisonment in any territory under its jurisdiction, with a view to<\/p>\n

                                                              preventing any cases of torture.<\/p>\n

                                                              Article 12<\/p>\n

                                                              Each State Party shall ensure that its competent authorities proceed to a<\/p>\n

                                                              prompt and impartial investigation, wherever there is reasonable ground to<\/p>\n

                                                              believe that an act of torture has been committed in any territory under its<\/p>\n

                                                              jurisdiction.<\/p>\n

                                                              Article 13<\/p>\n

                                                              Each State Party shall ensure that any individual who alleges he has been<\/p>\n

                                                              subjected to torture in any territory under its jurisdiction has the right to<\/p>\n

                                                              complain to, and to have his case promptly and impartially examined by, its<\/p>\n

                                                              competent authorities. Steps shall be taken to ensure that the complainant<\/p>\n

                                                              and witnesses are protected against all ill-treatment or intimidation as a<\/p>\n

                                                              consequence of his complaint or any evidence given.<\/p>\n

                                                              Article 14<\/p>\n

                                                                \n
                                                              1. Each State Party shall ensure in its legal system that the victim of<\/li>\n<\/ol>\n

                                                                an act of torture obtains redress and has an enforceable right to fair and<\/p>\n

                                                                adequate compensation, including the means for as full rehabilitation as<\/p>\n

                                                                possible. In the event of the death of the victim as a result of an act of<\/p>\n

                                                                torture, his dependants shall be entitled to compensation.<\/p>\n

                                                                  \n
                                                                1. Nothing in this article shall affect any right of the victim or<\/li>\n<\/ol>\n

                                                                  other persons to compensation which may exist under national law.<\/p>\n

                                                                  Article 15<\/p>\n

                                                                  Each State Party shall ensure that any statement which is established to<\/p>\n

                                                                  have been made as a result of torture shall not be invoked as evidence in any<\/p>\n

                                                                  proceedings, except against a person accused of torture as evidence that the<\/p>\n

                                                                  statement was made.<\/p>\n

                                                                  Article 16<\/p>\n

                                                                    \n
                                                                  1. Each State Party shall undertake to prevent in any territory under<\/li>\n<\/ol>\n

                                                                    its jurisdiction other acts of cruel, inhuman or degrading treatment or<\/p>\n

                                                                    punishment which do not amount to torture as defined in article 1, when such<\/p>\n

                                                                    acts are committed by or at the instigation of or with the consent or<\/p>\n

                                                                    acquiescence of a public official or other person acting in an official<\/p>\n

                                                                    capacity. In particular, the obligations contained in articles 10, 11, 12 and<\/p>\n

                                                                    13 shall apply with the substitution for references to torture of references<\/p>\n

                                                                    to other forms of cruel, inhuman or degrading treatment or punishment.<\/p>\n

                                                                      \n
                                                                    1. The provisions of this Convention are without prejudice to the<\/li>\n<\/ol>\n

                                                                      provisions of any other international instrument or national law which<\/p>\n

                                                                      prohibits cruel, inhuman or degrading treatment or punishment or which relates<\/p>\n

                                                                      to extradition or expulsion.<\/p>\n

                                                                      PART II<\/p>\n

                                                                      Article 17<\/p>\n

                                                                        \n
                                                                      1. There shall be established a Committee against Torture (hereinafter<\/li>\n<\/ol>\n

                                                                        referred to as the Committee) which shall carry out the functions hereinafter<\/p>\n

                                                                        provided. The Committee shall consist of ten experts of high moral standing<\/p>\n

                                                                        and recognized competence in the field of human rights, who shall serve in<\/p>\n

                                                                        their personal capacity. The experts shall be elected by the States Parties,<\/p>\n

                                                                        consideration being given to equitable geographical distribution and to the<\/p>\n

                                                                        usefulness of the participation of some persons having legal experience.<\/p>\n

                                                                          \n
                                                                        1. The members of the Committee shall be elected by secret ballot from<\/li>\n<\/ol>\n

                                                                          a list of persons nominated by States Parties. Each State Party may nominate<\/p>\n

                                                                          one person from among its own nationals. States Parties shall bear in mind<\/p>\n

                                                                          the usefulness of nominating persons who are also members of the Human Rights<\/p>\n

                                                                          Committee established under the International Covenant on Civil and Political<\/p>\n

                                                                          Rights and who are willing to serve on the Committee against Torture.<\/p>\n

                                                                            \n
                                                                          1. Elections of the members of the Committee shall be held at biennial<\/li>\n<\/ol>\n

                                                                            meetings of States Parties convened by the Secretary-General of the United<\/p>\n

                                                                            Nations. At those meetings, for which two thirds of the States Parties shall<\/p>\n

                                                                            constitute a quorum, the persons elected to the Committee shall be those who<\/p>\n

                                                                            obtain the largest number of votes and an absolute majority of the votes of<\/p>\n

                                                                            the representatives of States Parties present and voting.<\/p>\n

                                                                              \n
                                                                            1. The initial election shall be held no later than six months after<\/li>\n<\/ol>\n

                                                                              the date of the entry into force of this Convention. At least four months<\/p>\n

                                                                              before the date of each election, the Secretary-General of the United Nations<\/p>\n

                                                                              shall address a letter to the States Parties inviting them to submit their<\/p>\n

                                                                              nominations within three months. The Secretary-General shall prepare a list<\/p>\n

                                                                              in alphabetical order of all persons thus nominated, indicating the States<\/p>\n

                                                                              Parties which have nominated them, and shall submit it to the States Parties.<\/p>\n

                                                                                \n
                                                                              1. The members of the Committee shall be elected for a term of four<\/li>\n<\/ol>\n

                                                                                years. They shall be eligible for re-election if renominated. However, the<\/p>\n

                                                                                term of five of the members elected at the first election shall expire at the<\/p>\n

                                                                                end of two years; immediately after the first election the names of these five<\/p>\n

                                                                                members shall be chosen by lot by the chairman of the meeting referred to in<\/p>\n

                                                                                paragraph 3 of this article.<\/p>\n

                                                                                  \n
                                                                                1. If a member of the Committee dies or resigns or for any other cause<\/li>\n<\/ol>\n

                                                                                  can no longer perform his Committee duties, the State Party which nominated<\/p>\n

                                                                                  him shall appoint another expert from among its nationals to serve for the<\/p>\n

                                                                                  remainder of his term, subject to the approval of the majority of the States<\/p>\n

                                                                                  Parties. The approval shall be considered given unless half or more of the<\/p>\n

                                                                                  States Parties respond negatively within six weeks after having been informed<\/p>\n

                                                                                  by the Secretary-General of the United Nations of the proposed appointment.<\/p>\n

                                                                                    \n
                                                                                  1. States Parties shall be responsible for the expenses of the members<\/li>\n<\/ol>\n

                                                                                    of the Committee while they are in performance of Committee duties.<\/p>\n

                                                                                    Article 18<\/p>\n

                                                                                      \n
                                                                                    1. The Committee shall elect its officers for a term of two years.<\/li>\n<\/ol>\n

                                                                                      They may be re-elected.<\/p>\n

                                                                                        \n
                                                                                      1. The Committee shall establish its own rules of procedure, but these<\/li>\n<\/ol>\n

                                                                                        rules shall provide, inter alia, that:<\/p>\n

                                                                                        (a) Six members shall constitute a quorum;<\/p>\n

                                                                                        (b) Decisions of the Committee shall be made by a majority vote of the<\/p>\n

                                                                                        members present.<\/p>\n

                                                                                          \n
                                                                                        1. The Secretary-General of the United Nations shall provide the<\/li>\n<\/ol>\n

                                                                                          necessary staff and facilities for the effective performance of the functions<\/p>\n

                                                                                          of the Committee under this Convention.<\/p>\n

                                                                                            \n
                                                                                          1. The Secretary-General of the United Nations shall convene the<\/li>\n<\/ol>\n

                                                                                            initial meeting of the Committee. After its initial meeting, the Committee<\/p>\n

                                                                                            shall meet at such times as shall be provided in its rules of procedure.<\/p>\n

                                                                                              \n
                                                                                            1. The States Parties shall be responsible for expenses incurred in<\/li>\n<\/ol>\n

                                                                                              connection with the holding of meetings of the States Parties and of the<\/p>\n

                                                                                              Committee, including reimbursement to the United Nations for any expenses,<\/p>\n

                                                                                              such as the cost of staff and facilities, incurred by the United Nations<\/p>\n

                                                                                              pursuant to paragraph 3 of this article.<\/p>\n

                                                                                              Article 19<\/p>\n

                                                                                                \n
                                                                                              1. The States Parties shall submit to the Committee, through the<\/li>\n<\/ol>\n

                                                                                                Secretary-General of the United Nations, reports on the measures they have<\/p>\n

                                                                                                taken to give effect to their undertakings under this Convention, within one<\/p>\n

                                                                                                year after the entry into force of the Convention for the State Party<\/p>\n

                                                                                                concerned. Thereafter the States Parties shall submit supplementary reports<\/p>\n

                                                                                                every four years on any new measures taken and such other reports as the<\/p>\n

                                                                                                Committee may request.<\/p>\n

                                                                                                  \n
                                                                                                1. The Secretary-General of the United Nations shall transmit the<\/li>\n<\/ol>\n

                                                                                                  reports to all States Parties.<\/p>\n

                                                                                                    \n
                                                                                                  1. Each report shall be considered by the Committee which may make such<\/li>\n<\/ol>\n

                                                                                                    general comments on the report as it may consider appropriate and shall<\/p>\n

                                                                                                    forward these to the State Party concerned. That State Party may respond with<\/p>\n

                                                                                                    any observations it chooses to the Committee.<\/p>\n

                                                                                                      \n
                                                                                                    1. The Committee may, at its discretion, decide to include any comments<\/li>\n<\/ol>\n

                                                                                                      made by it in accordance with paragraph 3 of this article, together with the<\/p>\n

                                                                                                      observations thereon received from the State Party concerned, in its annual<\/p>\n

                                                                                                      report made in accordance with article 24. If so requested by the State Party<\/p>\n

                                                                                                      concerned, the Committee may also include a copy of the report submitted under<\/p>\n

                                                                                                      paragraph 1 of this article.<\/p>\n

                                                                                                      Article 20<\/p>\n

                                                                                                        \n
                                                                                                      1. If the Committee receives reliable information which appears to it<\/li>\n<\/ol>\n

                                                                                                        to contain well-founded indications that torture is being systematically<\/p>\n

                                                                                                        practised in the territory of a State Party, the Committee shall invite that<\/p>\n

                                                                                                        State Party to co-operate in the examination of the information and to this<\/p>\n

                                                                                                        end to submit observations with regard to the information concerned.<\/p>\n

                                                                                                          \n
                                                                                                        1. Taking into account any observations which may have been submitted<\/li>\n<\/ol>\n

                                                                                                          by the State Party concerned, as well as any other relevant information<\/p>\n

                                                                                                          available to it, the Committee may, if it decides that this is warranted,<\/p>\n

                                                                                                          designate one or more of its members to make a confidential inquiry and to<\/p>\n

                                                                                                          report to the Committee urgently.<\/p>\n

                                                                                                            \n
                                                                                                          1. If an inquiry is made in accordance with paragraph 2 of this<\/li>\n<\/ol>\n

                                                                                                            article, the Committee shall seek the co-operation of the State Party<\/p>\n

                                                                                                            concerned. In agreement with that State Party, such an inquiry may include a<\/p>\n

                                                                                                            visit to its territory.<\/p>\n

                                                                                                              \n
                                                                                                            1. After examining the findings of its member or members submitted in<\/li>\n<\/ol>\n

                                                                                                              accordance with paragraph 2 of this article, the Committee shall transmit<\/p>\n

                                                                                                              these findings to the State Party concerned together with any comments or<\/p>\n

                                                                                                              suggestions which seem appropriate in view of the situation.<\/p>\n

                                                                                                                \n
                                                                                                              1. All the proceedings of the Committee referred to in paragraphs 1<\/li>\n<\/ol>\n

                                                                                                                to 4 of this article shall be confidential, and at all stages of the<\/p>\n

                                                                                                                proceedings the co-operation of the State Party shall be sought. After such<\/p>\n

                                                                                                                proceedings have been completed with regard to an inquiry made in accordance<\/p>\n

                                                                                                                with paragraph 2, the Committee may, after consultations with the State Party<\/p>\n

                                                                                                                concerned, decide to include a summary account of the results of the<\/p>\n

                                                                                                                proceedings in its annual report made in accordance with article 24.<\/p>\n

                                                                                                                Article 21<\/p>\n

                                                                                                                  \n
                                                                                                                1. A State Party to this Convention may at any time declare under this<\/li>\n<\/ol>\n

                                                                                                                  article that it recognizes the competence of the Committee to receive and<\/p>\n

                                                                                                                  consider communications to the effect that a State Party claims that another<\/p>\n

                                                                                                                  State Party is not fulfilling its obligations under this Convention. Such<\/p>\n

                                                                                                                  communications may be received and considered according to the procedures laid<\/p>\n

                                                                                                                  down in this article only if submitted by a State Party which has made a<\/p>\n

                                                                                                                  declaration recognizing in regard to itself the competence of the Committee.<\/p>\n

                                                                                                                  No communication shall be dealt with by the Committee under this article if it<\/p>\n

                                                                                                                  concerns a State Party which has not made such a declaration. Communications<\/p>\n

                                                                                                                  received under this article shall be dealt with in accordance with the<\/p>\n

                                                                                                                  following procedure:<\/p>\n

                                                                                                                  (a) If a State Party considers that another State Party is not giving<\/p>\n

                                                                                                                  effect to the provisions of this Convention, it may, by written communication,<\/p>\n

                                                                                                                  bring the matter to the attention of that State Party. Within three months<\/p>\n

                                                                                                                  after the receipt of the communication the receiving State shall afford the<\/p>\n

                                                                                                                  State which sent the communication an explanation or any other statement in<\/p>\n

                                                                                                                  writing clarifying the matter, which should include, to the extent possible<\/p>\n

                                                                                                                  and pertinent, reference to domestic procedures and remedies taken, pending or<\/p>\n

                                                                                                                  available in the matter;<\/p>\n

                                                                                                                  (b) If the matter is not adjusted to the satisfaction of both States<\/p>\n

                                                                                                                  Parties concerned within six months after the receipt by the receiving State<\/p>\n

                                                                                                                  of the initial communication, either State shall have the right to refer the<\/p>\n

                                                                                                                  matter to the Committee, by notice given to the Committee and to the other<\/p>\n

                                                                                                                  State;<\/p>\n

                                                                                                                  (c) The Committee shall deal with a matter referred to it under this<\/p>\n

                                                                                                                  article only after it has ascertained that all domestic remedies have been<\/p>\n

                                                                                                                  invoked and exhausted in the matter, in conformity with the generally<\/p>\n

                                                                                                                  recognized principles of international law. This shall not be the rule where<\/p>\n

                                                                                                                  the application of the remedies is unreasonably prolonged or is unlikely to<\/p>\n

                                                                                                                  bring effective relief to the person who is the victim of the violation of<\/p>\n

                                                                                                                  this Convention;<\/p>\n

                                                                                                                  (d) The Committee shall hold closed meetings when examining<\/p>\n

                                                                                                                  communications under this article;<\/p>\n

                                                                                                                  (e) Subject to the provisions of subparagraph (c), the Committee shall<\/p>\n

                                                                                                                  make available its good offices to the States Parties concerned with a view to<\/p>\n

                                                                                                                  a friendly solution of the matter on the basis of respect for the obligations<\/p>\n

                                                                                                                  provided for in this Convention. For this purpose, the Committee may, when<\/p>\n

                                                                                                                  appropriate, set up an ad hoc conciliation commission;<\/p>\n

                                                                                                                  (f) In any matter referred to it under this article, the Committee may<\/p>\n

                                                                                                                  call upon the States Parties concerned, referred to in subparagraph (b), to<\/p>\n

                                                                                                                  supply any relevant information;<\/p>\n

                                                                                                                  (g) The States Parties concerned, referred to in subparagraph (b), shall<\/p>\n

                                                                                                                  have the right to be represented when the matter is being considered by the<\/p>\n

                                                                                                                  Committee and to make submissions orally and\/or in writing;<\/p>\n

                                                                                                                  (h) The Committee shall, within twelve months after the date of receipt<\/p>\n

                                                                                                                  of notice under subparagraph (b), submit a report:<\/p>\n

                                                                                                                  (i) If a solution within the terms of subparagraph (e) is reached, the<\/p>\n

                                                                                                                  Committee shall confine its report to a brief statement of the facts<\/p>\n

                                                                                                                  and of the solution reached;<\/p>\n

                                                                                                                  (ii) If a solution within the terms of subparagraph (e) is not reached,<\/p>\n

                                                                                                                  the Committee shall confine its report to a brief statement of the<\/p>\n

                                                                                                                  facts; the written submissions and record of the oral submissions<\/p>\n

                                                                                                                  made by the States Parties concerned shall be attached to the<\/p>\n

                                                                                                                  report.<\/p>\n

                                                                                                                  In every matter, the report shall be communicated to the States Parties<\/p>\n

                                                                                                                  concerned.<\/p>\n

                                                                                                                    \n
                                                                                                                  1. The provisions of this article shall come into force when five<\/li>\n<\/ol>\n

                                                                                                                    States Parties to this Convention have made declarations under paragraph 1 of<\/p>\n

                                                                                                                    this article. Such declarations shall be deposited by the States Parties with<\/p>\n

                                                                                                                    the Secretary-General of the United Nations, who shall transmit copies thereof<\/p>\n

                                                                                                                    to the other States Parties. A declaration may be withdrawn at any time by<\/p>\n

                                                                                                                    notification to the Secretary-General. Such a withdrawal shall not prejudice<\/p>\n

                                                                                                                    the consideration of any matter which is the subject of a communication<\/p>\n

                                                                                                                    already transmitted under this article; no further communication by any State<\/p>\n

                                                                                                                    Party shall be received under this article after the notification of<\/p>\n

                                                                                                                    withdrawal of the declaration has been received by the Secretary-General,<\/p>\n

                                                                                                                    unless the State Party concerned has made a new declaration.<\/p>\n

                                                                                                                    Article 22<\/p>\n

                                                                                                                      \n
                                                                                                                    1. A State Party to this Convention may at any time declare under this<\/li>\n<\/ol>\n

                                                                                                                      article that it recognizes the competence of the Committee to receive and<\/p>\n

                                                                                                                      consider communications from or on behalf of individuals subject to its<\/p>\n

                                                                                                                      jurisdiction who claim to be victims of a violation by a State Party of the<\/p>\n

                                                                                                                      provisions of the Convention. No communication shall be received by the<\/p>\n

                                                                                                                      Committee if it concerns a State Party which has not made such a declaration.<\/p>\n

                                                                                                                        \n
                                                                                                                      1. The Committee shall consider inadmissible any communication under<\/li>\n<\/ol>\n

                                                                                                                        this article which is anonymous or which it considers to be an abuse of the<\/p>\n

                                                                                                                        right of submission of such communications or to be incompatible with the<\/p>\n

                                                                                                                        provisions of this Convention.<\/p>\n

                                                                                                                          \n
                                                                                                                        1. Subject to the provisions of paragraph 2, the Committee shall bring<\/li>\n<\/ol>\n

                                                                                                                          any communications submitted to it under this article to the attention of the<\/p>\n

                                                                                                                          State Party to this Convention which has made a declaration under paragraph 1<\/p>\n

                                                                                                                          and is alleged to be violating any provisions of the Convention. Within six<\/p>\n

                                                                                                                          months, the receiving State shall submit to the Committee written explanations<\/p>\n

                                                                                                                          or statements clarifying the matter and the remedy, if any, that may have been<\/p>\n

                                                                                                                          taken by that State.<\/p>\n

                                                                                                                            \n
                                                                                                                          1. The Committee shall consider communications received under this<\/li>\n<\/ol>\n

                                                                                                                            article in the light of all information made available to it by or on behalf<\/p>\n

                                                                                                                            of the individual and by the State Party concerned.<\/p>\n

                                                                                                                              \n
                                                                                                                            1. The Committee shall not consider any communications from an<\/li>\n<\/ol>\n

                                                                                                                              individual under this article unless it has ascertained that:<\/p>\n

                                                                                                                              (a) The same matter has not been, and is not being, examined under<\/p>\n

                                                                                                                              another procedure of international investigation or settlement;<\/p>\n

                                                                                                                              (b) The individual has exhausted all available domestic remedies; this<\/p>\n

                                                                                                                              shall not be the rule where the application of the remedies is unreasonably<\/p>\n

                                                                                                                              prolonged or is unlikely to bring effective relief to the person who is the<\/p>\n

                                                                                                                              victim of the violation of this Convention.<\/p>\n

                                                                                                                                \n
                                                                                                                              1. The Committee shall hold closed meetings when examining<\/li>\n<\/ol>\n

                                                                                                                                communications under this article.<\/p>\n

                                                                                                                                  \n
                                                                                                                                1. The Committee shall forward its views to the State Party concerned<\/li>\n<\/ol>\n

                                                                                                                                  and to the individual.<\/p>\n

                                                                                                                                    \n
                                                                                                                                  1. The provisions of this article shall come into force when five<\/li>\n<\/ol>\n

                                                                                                                                    States Parties to this Convention have made declarations under paragraph 1 of<\/p>\n

                                                                                                                                    this article. Such declarations shall be deposited by the States Parties with<\/p>\n

                                                                                                                                    the Secretary-General of the United Nations, who shall transmit copies thereof<\/p>\n

                                                                                                                                    to the other States Parties. A declaration may be withdrawn at any time by<\/p>\n

                                                                                                                                    notification to the Secretary-General. Such a withdrawal shall not prejudice<\/p>\n

                                                                                                                                    the consideration of any matter which is the subject of a communication<\/p>\n

                                                                                                                                    already transmitted under this article; no further communication by or on<\/p>\n

                                                                                                                                    behalf of an individual shall be received under this article after the<\/p>\n

                                                                                                                                    notification of withdrawal of the declaration has been received by the<\/p>\n

                                                                                                                                    Secretary-General, unless the State Party has made a new declaration.<\/p>\n

                                                                                                                                    Article 23<\/p>\n

                                                                                                                                    The members of the Committee and of the ad hoc conciliation commissions<\/p>\n

                                                                                                                                    which may be appointed under article 21, paragraph 1 (e), shall be entitled to<\/p>\n

                                                                                                                                    the facilities, privileges and immunities of experts on mission for the United<\/p>\n

                                                                                                                                    Nations as laid down in the relevant sections of the Convention on the<\/p>\n

                                                                                                                                    Privileges and Immunities of the United Nations.<\/p>\n

                                                                                                                                    Article 24<\/p>\n

                                                                                                                                    The Committee shall submit an annual report on its activities under this<\/p>\n

                                                                                                                                    Convention to the States Parties and to the General Assembly of the United<\/p>\n

                                                                                                                                    Nations.<\/p>\n

                                                                                                                                    PART III<\/p>\n

                                                                                                                                    Article 25<\/p>\n

                                                                                                                                      \n
                                                                                                                                    1. This Convention is open for signature by all States.<\/li>\n
                                                                                                                                    2. This Convention is subject to ratification. Instruments of<\/li>\n<\/ol>\n

                                                                                                                                      ratification shall be deposited with the Secretary-General of the United<\/p>\n

                                                                                                                                      Nations.<\/p>\n

                                                                                                                                      Article 26<\/p>\n

                                                                                                                                      This Convention is open to accession by all States. Accession shall be<\/p>\n

                                                                                                                                      effected by the deposit of an instrument of accession with the<\/p>\n

                                                                                                                                      Secretary-General of the United Nations.<\/p>\n

                                                                                                                                      Article 27<\/p>\n

                                                                                                                                        \n
                                                                                                                                      1. This Convention shall enter into force on the thirtieth day after<\/li>\n<\/ol>\n

                                                                                                                                        the date of the deposit with the Secretary-General of the United Nations of<\/p>\n

                                                                                                                                        the twentieth instrument of ratification or accession.<\/p>\n

                                                                                                                                          \n
                                                                                                                                        1. For each State ratifying this Convention or acceding to it after the<\/li>\n<\/ol>\n

                                                                                                                                          deposit of the twentieth instrument of ratification or accession, the<\/p>\n

                                                                                                                                          Convention shall enter into force on the thirtieth day after the date of the<\/p>\n

                                                                                                                                          deposit of its own instrument of ratification or accession.<\/p>\n

                                                                                                                                          Article 28<\/p>\n

                                                                                                                                            \n
                                                                                                                                          1. Each State may, at the time of signature or ratification of this<\/li>\n<\/ol>\n

                                                                                                                                            Convention or accession thereto, declare that it does not recognize the<\/p>\n

                                                                                                                                            competence of the Committee provided for in article 20.<\/p>\n

                                                                                                                                              \n
                                                                                                                                            1. Any State Party having made a reservation in accordance with<\/li>\n<\/ol>\n

                                                                                                                                              paragraph 1 of this article may, at any time, withdraw this reservation by<\/p>\n

                                                                                                                                              notification to the Secretary-General of the United Nations.<\/p>\n

                                                                                                                                              Article 29<\/p>\n

                                                                                                                                                \n
                                                                                                                                              1. Any State Party to this Convention may propose an amendment and file<\/li>\n<\/ol>\n

                                                                                                                                                it with the Secretary-General of the United Nations. The Secretary-General<\/p>\n

                                                                                                                                                shall thereupon communicate the proposed amendment to the States Parties with<\/p>\n

                                                                                                                                                a request that they notify him whether they favour a conference of States<\/p>\n

                                                                                                                                                Parties for the purpose of considering and voting upon the proposal. In the<\/p>\n

                                                                                                                                                event that within four months from the date of such communication at least one<\/p>\n

                                                                                                                                                third of the States Parties favours such a conference, the Secretary-General<\/p>\n

                                                                                                                                                shall convene the conference under the auspices of the United Nations. Any<\/p>\n

                                                                                                                                                amendment adopted by a majority of the States Parties present and voting at<\/p>\n

                                                                                                                                                the conference shall be submitted by the Secretary-General to all the States<\/p>\n

                                                                                                                                                Parties for acceptance.<\/p>\n

                                                                                                                                                  \n
                                                                                                                                                1. An amendment adopted in accordance with paragraph 1 of this article<\/li>\n<\/ol>\n

                                                                                                                                                  shall enter into force when two thirds of the States Parties to this<\/p>\n

                                                                                                                                                  Convention have notified the Secretary-General of the United Nations that they<\/p>\n

                                                                                                                                                  have accepted it in accordance with their respective constitutional processes.<\/p>\n

                                                                                                                                                    \n
                                                                                                                                                  1. When amendments enter into force, they shall be binding on those<\/li>\n<\/ol>\n

                                                                                                                                                    States Parties which have accepted them, other States Parties still being<\/p>\n

                                                                                                                                                    bound by the provisions of this Convention and any earlier amendments which<\/p>\n

                                                                                                                                                    they have accepted.<\/p>\n

                                                                                                                                                    Article 30<\/p>\n

                                                                                                                                                      \n
                                                                                                                                                    1. Any dispute between two or more States Parties concerning the<\/li>\n<\/ol>\n

                                                                                                                                                      interpretation or application of this Convention which cannot be settled<\/p>\n

                                                                                                                                                      through negotiation shall, at the request of one of them, be submitted to<\/p>\n

                                                                                                                                                      arbitration. If within six months from the date of the request for<\/p>\n

                                                                                                                                                      arbitration the Parties are unable to agree on the organization of the<\/p>\n

                                                                                                                                                      arbitration, any one of those Parties may refer the dispute to the<\/p>\n

                                                                                                                                                      International Court of Justice by request in conformity with the Statute of<\/p>\n

                                                                                                                                                      the Court.<\/p>\n

                                                                                                                                                        \n
                                                                                                                                                      1. Each State may, at the time of signature or ratification of this<\/li>\n<\/ol>\n

                                                                                                                                                        Convention or accession thereto, declare that it does not consider itself<\/p>\n

                                                                                                                                                        bound by paragraph 1 of this article. The other States Parties shall not be<\/p>\n

                                                                                                                                                        bound by paragraph 1 of this article with respect to any State Party having<\/p>\n

                                                                                                                                                        made such a reservation.<\/p>\n

                                                                                                                                                          \n
                                                                                                                                                        1. Any State Party having made a reservation in accordance with<\/li>\n<\/ol>\n

                                                                                                                                                          paragraph 2 of this article may at any time withdraw this reservation by<\/p>\n

                                                                                                                                                          notification to the Secretary-General of the United Nations.<\/p>\n

                                                                                                                                                          Article 31<\/p>\n

                                                                                                                                                            \n
                                                                                                                                                          1. A State Party may denounce this Convention by written notification<\/li>\n<\/ol>\n

                                                                                                                                                            to the Secretary-General of the United Nations. Denunciation becomes<\/p>\n

                                                                                                                                                            effective one year after the date of receipt of the notification by the<\/p>\n

                                                                                                                                                            Secretary-General.<\/p>\n

                                                                                                                                                              \n
                                                                                                                                                            1. Such a denunciation shall not have the effect of releasing the State<\/li>\n<\/ol>\n

                                                                                                                                                              Party from its obligations under this Convention in regard to any act or<\/p>\n

                                                                                                                                                              omission which occurs prior to the date at which the denunciation becomes<\/p>\n

                                                                                                                                                              effective, nor shall denunciation prejudice in any way the continued<\/p>\n

                                                                                                                                                              consideration of any matter which is already under consideration by the<\/p>\n

                                                                                                                                                              Committee prior to the date at which the denunciation becomes effective.<\/p>\n

                                                                                                                                                                \n
                                                                                                                                                              1. Following the date at which the denunciation of a State Party<\/li>\n<\/ol>\n

                                                                                                                                                                becomes effective, the Committee shall not commence consideration of any new<\/p>\n

                                                                                                                                                                matter regarding that State.<\/p>\n

                                                                                                                                                                Article 32<\/p>\n

                                                                                                                                                                The Secretary-General of the United Nations shall inform all States<\/p>\n

                                                                                                                                                                Members of the United Nations and all States which have signed this Convention<\/p>\n

                                                                                                                                                                or acceded to it of the following:<\/p>\n

                                                                                                                                                                (a) Signatures, ratifications and accessions under articles 25 and 26;<\/p>\n

                                                                                                                                                                (b) The date of entry into force of this Convention under article 27 and<\/p>\n

                                                                                                                                                                the date of the entry into force of any amendments under article 29;<\/p>\n

                                                                                                                                                                (c) Denunciations under article 31.<\/p>\n

                                                                                                                                                                Article 33<\/p>\n

                                                                                                                                                                  \n
                                                                                                                                                                1. This Convention, of which the Arabic, Chinese, English, French,<\/li>\n<\/ol>\n

                                                                                                                                                                  Russian and Spanish texts are equally authentic, shall be deposited with the<\/p>\n

                                                                                                                                                                  Secretary- General of the United Nations.<\/p>\n

                                                                                                                                                                    \n
                                                                                                                                                                  1. The Secretary-General of the United Nations shall transmit certified<\/li>\n<\/ol>\n

                                                                                                                                                                    copies of this Convention to all States.<\/p>\n

                                                                                                                                                                    Go to Original \u2013 un.org<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

                                                                                                                                                                    10 December 1984 – The General Assembly adopts the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; Calls upon all Governments to consider signing and ratifying the Convention as a matter of priority.<\/p>\n","protected":false},"author":4,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[82],"tags":[],"class_list":["post-51128","post","type-post","status-publish","format-standard","hentry","category-united-nations"],"_links":{"self":[{"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/posts\/51128","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/comments?post=51128"}],"version-history":[{"count":0,"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/posts\/51128\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/media?parent=51128"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/categories?post=51128"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/tags?post=51128"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}