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The
States Parties to this Convention,
Considering that, in accordance with the principles proclaimed
in the Charter of the United Nations, recognition of the equal and
inalienable rights of all members of the human family is the foundation
of freedom, justice and peace in the world,
Recognizing
that those rights derive from the inherent dignity of the human
person,
Considering
the obligation of States under the Charter, in particular Article
55, to promote universal respect for, and observance of, human
rights and fundamental freedoms,
Having
regard to article 5 of the Universal Declaration of Human Rights
and article 7 of the International Covenant on Civil and Political
Rights, both of which provide that no one shall be subjected to
torture or to cruel, inhuman or degrading treatment or punishment,
Having
regard also to the Declaration on the Protection of All Persons
from Being Subjected to Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, adopted by the General Assembly on 9
December 1975,
Desiring
to make more effective the struggle against torture and other
cruel, inhuman or degrading treatment or punishment throughout
the world,
Have agreed as follows:
PART
I
Article
1
1.
For the purposes of this Convention, the term "torture" means any
act by which severe pain or suffering, whether physical or mental,
is intentionally inflicted on a person for such purposes as obtaining
from him or a third person information or a confession, punishing
him for an act he or a third person has committed or is suspected
of having committed, or intimidating or coercing him or a third
person, or for any reason based on discrimination of any kind, when
such pain or suffering is inflicted by or at the instigation of
or with the consent or acquiescence of a public official or other
person acting in an official capacity. It does not include pain
or suffering arising only from, inherent in or incidental to lawful
sanctions.
2.
This article is without prejudice to any international instrument
or national legislation which does or may contain provisions of
wider application.
Article 2
1.
Each State Party shall take effective legislative, administrative,
judicial or other measures to prevent acts of torture in any territory
under its jurisdiction.
2.
No exceptional circumstances whatsoever, whether a state of war
or a threat of war, internal political in stability or any other
public emergency, may be invoked as a justification of torture.
3.
An order from a superior officer or a public authority may not
be invoked as a justification of torture.
Article 3
1.
No State Party shall expel, return ("refouler") or extradite a person
to another State where there are substantial grounds for believing
that he would be in danger of being subjected to torture.
2.
For the purpose of determining whether there are such grounds,
the competent authorities shall take into account all relevant
considerations including, where applicable, the existence in the
State concerned of a consistent pattern of gross, flagrant or
mass violations of human rights.
Article 4
1.
Each State Party shall ensure that all acts of torture are offences
under its criminal law. The same shall apply to an attempt to commit
torture and to an act by any person which constitutes complicity
or participation in torture.
2.
Each State Party shall make these offences punishable by appropriate
penalties which take into account their grave nature.
Article 5
1.
Each State Party shall take such measures as may be necessary to
establish its jurisdiction over the offences referred to in article
4 in the following cases:
(a) When the offences are committed in any territory under its
jurisdiction or on board a ship or aircraft registered in that
State;
(b)
When the alleged offender is a national of that State;
(c)
When the victim is a national of that State if that State considers
it appropriate.
2. Each State Party
shall likewise take such measures as may be necessary to establish
its jurisdiction over such offences in cases where the alleged offender
is present in any territory under its jurisdiction and it does not
extradite him pursuant to article 8 to any of the States mentioned
in paragraph I of this article.
3.
This Convention does not exclude any criminal jurisdiction exercised
in accordance with internal law.
Article 6
1.
Upon being satisfied, after an examination of information available
to it, that the circumstances so warrant, any State Party in whose
territory a person alleged to have committed any offence referred
to in article 4 is present shall take him into custody or take other
legal measures to ensure his presence. The custody and other legal
measures shall be as provided in the law of that State but may be
continued only for such time as is necessary to enable any criminal
or extradition proceedings to be instituted.
2.
Such State shall immediately make a preliminary inquiry into the
facts.
3.
Any person in custody pursuant to paragraph I of this article
shall be assisted in communicating immediately with the nearest
appropriate representative of the State of which he is a national,
or, if he is a stateless person, with the representative of the
State where he usually resides.
4.
When a State, pursuant to this article, has taken a person into
custody, it shall immediately notify the States referred to in
article 5, paragraph 1, of the fact that such person is in custody
and of the circumstances which warrant his detention. The State
which makes the preliminary inquiry contemplated in paragraph
2 of this article shall promptly report its findings to the said
States and shall indicate whether it intends to exercise jurisdiction.
Article 7
1.
The State Party in the territory under whose jurisdiction a person
alleged to have committed any offence referred to in article 4 is
found shall in the cases contemplated in article 5, if it does not
extradite him, submit the case to its competent authorities for
the purpose of prosecution.
2.
These authorities shall take their decision in the same manner
as in the case of any ordinary offence of a serious nature under
the law of that State. In the cases referred to in article 5,
paragraph 2, the standards of evidence required for prosecution
and conviction shall in no way be less stringent than those which
apply in the cases referred to in article 5, paragraph 1.
3.
Any person regarding whom proceedings are brought in connection
with any of the offences referred to in article 4 shall be guaranteed
fair treatment at all stages of the proceedings.
Article 8
1.
The offences referred to in article 4 shall be deemed to be included
as extraditable offences in any extradition treaty existing between
States Parties. States Parties undertake to include such offences
as extraditable offences in every extradition treaty to be concluded
between them.
2.
If a State Party which makes extradition conditional on the existence
of a treaty receives a request for extradition from another State
Party with which it has no extradition treaty, it may consider
this Convention as the legal basis for extradition in respect
of such offences. Extradition shall be subject to the other conditions
provided by the law of the requested State.
3.
States Parties which do not make extradition conditional on the
existence of a treaty shall recognize such offences as extraditable
offences between themselves subject to the conditions provided
by the law of the requested State.
4.
Such offences shall be treated, for the purpose of extradition
between States Parties, as if they had been committed not only
in the place in which they occurred but also in the territories
of the States required to establish their jurisdiction in accordance
with article 5, paragraph 1.
Article 9
1.
States Parties shall afford one another the greatest measure of
assistance in connection with criminal proceedings brought in respect
of any of the offences referred to in article 4, including the supply
of all evidence at their disposal necessary for the proceedings.
2.
States Parties shall carry out their obligations under paragraph
I of this article in conformity with any treaties on mutual judicial
assistance that may exist between them.
Article 10
1.
Each State Party shall ensure that education and information regarding
the prohibition against torture are fully included in the training
of law enforcement personnel, civil or military, medical personnel,
public officials and other persons who may be involved in the custody,
interrogation or treatment of any individual subjected to any form
of arrest, detention or imprisonment.
2.
Each State Party shall include this prohibition in the rules or
instructions issued in regard to the duties and functions of any
such person.
Article 11
Each State Party shall keep under systematic review interrogation
rules, instructions, methods and practices as well as arrangements
for the custody and treatment of persons subjected to any form of
arrest, detention or imprisonment in any territory under its jurisdiction,
with a view to preventing any cases of torture.
Article 12
Each State Party shall ensure that its competent authorities proceed
to a prompt and impartial investigation, wherever there is reasonable
ground to believe that an act of torture has been committed in any
territory under its jurisdiction.
Article 13
Each State Party shall ensure that any individual who alleges he
has been subjected to torture in any territory under its jurisdiction
has the right to complain to, and to have his case promptly and
impartially examined by, its competent authorities. Steps shall
be taken to ensure that the complainant and witnesses are protected
against all ill-treatment or intimidation as a consequence of his
complaint or any evidence given.
Article 14
1.
Each State Party shall ensure in its legal system that the victim
of an act of torture obtains redress and has an enforceable right
to fair and adequate compensation, including the means for as full
rehabilitation as possible. In the event of the death of the victim
as a result of an act of torture, his dependants shall be entitled
to compensation.
2.
Nothing in this article shall affect any right of the victim or
other persons to compensation which may exist under national law.
Article 15
Each State Party shall ensure that any statement which is established
to have been made as a result of torture shall not be invoked as
evidence in any proceedings, except against a person accused of
torture as evidence that the statement was made.
Article 16
1.
Each State Party shall undertake to prevent in any territory under
its jurisdiction other acts of cruel, inhuman or degrading treatment
or punishment which do not amount to torture as defined in article
I, when such acts are committed by or at the instigation of or with
the consent or acquiescence of a public official or other person
acting in an official capacity. In particular, the obligations contained
in articles 10, 11, 12 and 13 shall apply with the substitution
for references to torture of references to other forms of cruel,
inhuman or degrading treatment or punishment.
2.
The provisions of this Convention are without prejudice to the
provisions of any other international instrument or national law
which prohibits cruel, inhuman or degrading treatment or punishment
or which relates to extradition or expulsion.
PART
II
Article
17
1.
There shall be established a Committee against Torture (hereinafter
referred to as the Committee) which shall carry out the functions
hereinafter provided. The Committee shall consist of ten experts
of high moral standing and recognized competence in the field of
human rights, who shall serve in their personal capacity. The experts
shall be elected by the States Parties, consideration being given
to equitable geographical distribution and to the usefulness of
the participation of some persons having legal experience.
2.
The members of the Committee shall be elected by secret ballot
from a list of persons nominated by States Parties. Each State
Party may nominate one person from among its own nationals. States
Parties shall bear in mind the usefulness of nominating persons
who are also members of the Human Rights Committee established
under the International Covenant on Civil and Political Rights
and who are willing to serve on the Committee against Torture.
3.
Elections of the members of the Committee shall be held at biennial
meetings of States Parties convened by the Secretary-General of
the United Nations. At those meetings, for which two thirds of
the States Parties shall constitute a quorum, the persons elected
to the Committee shall be those who obtain the largest number
of votes and an absolute majority of the votes of the representatives
of States Parties present and voting.
4.
The initial election shall be held no later than six months after
the date of the entry into force of this Convention. At. Ieast
four months before the date of each election, the Secretary-General
of the United Nations shall address a letter to the States Parties
inviting them to submit their nominations within three months.
The Secretary-General shall prepare a list in alphabetical order
of all persons thus nominated, indicating the States Parties which
have nominated them, and shall submit it to the States Parties.
5.
The members of the Committee shall be elected for a term of four
years. They shall be eligible for re-election if renominated.
However, the term of five of the members elected at the first
election shall expire at the end of two years; immediately after
the first election the names of these five members shall be chosen
by lot by the chairman of the meeting referred to in paragraph
3 of this article.
6.
If a member of the Committee dies or resigns or for any other
cause can no longer perform his Committee duties, the State Party
which nominated him shall appoint another expert from among its
nationals to serve for the remainder of his term, subject to the
approval of the majority of the States Parties. The approval shall
be considered given unless half or more of the States Parties
respond negatively within six weeks after having been informed
by the Secretary-General of the United Nations of the proposed
appointment.
7.
States Parties shall be responsible for the expenses of the members
of the Committee while they are in performance of Committee duties.
(amendment (see General Assembly resolution 47/111 of 16 December
1992);
Article 18
1.
The Committee shall elect its officers for a term of two years.
They may be re-elected.
2.
The Committee shall establish its own rules of procedure, but
these rules shall provide, inter alia, that:
(a) Six members shall constitute a quorum;
(b)
Decisions of the Committee shall be made by a majority vote
of the members present.
3. The Secretary-General
of the United Nations shall provide the necessary staff and facilities
for the effective performance of the functions of the Committee
under this Convention.
4.
The Secretary-General of the United Nations shall convene the
initial meeting of the Committee. After its initial meeting, the
Committee shall meet at such times as shall be provided in its
rules of procedure.
5.
The States Parties shall be responsible for expenses incurred
in connection with the holding of meetings of the States Parties
and of the Committee, including reimbursement to the United Nations
for any expenses, such as the cost of staff and facilities, incurred
by the United Nations pursuant to paragraph 3 of this article.
(amendment (see General Assembly resolution 47/111 of 16 December
1992);
Article 19
1.
The States Parties shall submit to the Committee, through the Secretary-General
of the United Nations, reports on the measures they have taken to
give effect to their undertakings under this Convention, within
one year after the entry into force of the Convention for the State
Party concerned. Thereafter the States Parties shall submit supplementary
reports every four years on any new measures taken and such other
reports as the Committee may request.
2.
The Secretary-General of the United Nations shall transmit the
reports to all States Parties.
3.
Each report shall be considered by the Committee which may make
such general comments on the report as it may consider appropriate
and shall forward these to the State Party concerned. That State
Party may respond with any observations it chooses to the Committee.
4.
The Committee may, at its discretion, decide to include any comments
made by it in accordance with paragraph 3 of this article, together
with the observations thereon received from the State Party concerned,
in its annual report made in accordance with article 24. If so
requested by the State Party concerned, the Committee may also
include a copy of the report submitted under paragraph I of this
article.
Article 20
1.
If the Committee receives reliable information which appears to
it to contain well-founded indications that torture is being systematically
practised in the territory of a State Party, the Committee shall
invite that State Party to co-operate in the examination of the
information and to this end to submit observations with regard to
the information concerned.
2.
Taking into account any observations which may have been submitted
by the State Party concerned, as well as any other relevant information
available to it, the Committee may, if it decides that this is
warranted, designate one or more of its members to make a confidential
inquiry and to report to the Committee urgently.
3.
If an inquiry is made in accordance with paragraph 2 of this article,
the Committee shall seek the co-operation of the State Party concerned.
In agreement with that State Party, such an inquiry may include
a visit to its territory.
4.
After examining the findings of its member or members submitted
in accordance with paragraph 2 of this article, the Commission
shall transmit these findings to the State Party concerned together
with any comments or suggestions which seem appropriate in view
of the situation.
5.
All the proceedings of the Committee referred to in paragraphs
I to 4 of th is article s hall be con fidential , and at all stages
of the proceedings the co-operation of the State Party shall be
sought. After such proceedings have been completed with regard
to an inquiry made in accordance with paragraph 2, the Committee
may, after consultations with the State Party concerned, decide
to include a summary account of the results of the proceedings
in its annual report made in accordance with article 24.
Article 21
1.
A State Party to this Convention may at any time declare under this
article that it recognizes the competence of the Committee to receive
and consider communications to the effect that a State Party claims
that another State Party is not fulfilling its obligations under
this Convention. Such communications may be received and considered
according to the procedures laid down in this article only if submitted
by a State Party which has made a declaration recognizing in regard
to itself the competence of the Committee. No communication shall
be dealt with by the Committee under this article if it concerns
a State Party which has not made such a declaration. Communications
received under this article shall be dealt with in accordance with
the following procedure;
(a) If a State Party considers that another State Party is not
giving effect to the provisions ofthis Convention, it may, by
written communication, bring the matter to the attention of that
State Party. Within three months afler the receipt of the communication
the receiving State shall afford the State which sent the communication
an explanation or any other statement in writing clarifying the
matter, which should include, to the extent possible and pertinent,
reference to domestic procedures and remedies taken, pending or
available in the matter;
(b)
If the matter is not adjusted to the satisfaction of both States
Parties concerned within six months after the receipt by the
receiving State of the initial communication, either State shall
have the right to refer the matter to the Committee, by notice
given to the Committee and to the other State;
(c)
The Committee shall deal with a matter referred to it under
this article only after it has ascertained that all domestic
remedies have been invoked and exhausted in the matter, in conformity
with the generally recognized principles of international law.
This shall not be the rule where the application of the remedies
is unreasonably prolonged or is unlikely to bring effective
relief to the person who is the victim of the violation of this
Convention;
(d)
The Committee shall hold closed meetings when examining communications
under this article;
(e)
Subject to the provisions of subparagraph (c), the Committee
shall make available its good offices to the States Parties
concerned with a view to a friendly solution of the matter on
the basis of respect for the obligations provided for in this
Convention. For this purpose, the Committee may, when appropriate,
set up an ad hoc conciliation commission;
(f)
In any matter referred to it under this article, the Committee
may call upon the States Parties concerned, referred to in subparagraph
(b), to supply any relevant information;
(g)
The States Parties concerned, referred to in subparagraph (b),
shall have the right to be represented when the matter is being
considered by the Committee and to make submissions orally and/or
in writing;
(h)
The Committee shall, within twelve months after the date of
receipt of notice under subparagraph (b), submit a report:
(i) If a solution within the terms of subparagraph (e) is reached,
the Committee shall confine its report to a brief statement
of the facts and of the solution reached;
(ii)
If a solution within the terms of subparagraph (e) is not
reached, the Committee shall confine its report to a brief
statement of the facts; the written submissions and record
of the oral submissions made by the States Parties concerned
shall be attached to the report.
In every matter, the
report shall be communicated to the States Parties concerned.
2.
The provisions of this article shall come into force when five
States Parties to this Convention have made declarations under
paragraph 1 of this article. Such declarations shall be deposited
by the States Parties with the Secretary-General of the United
Nations, who shall transmit copies thereof to the other States
Parties. A declaration may be withdrawn at any time by notification
to the Secretary-General. Such a withdrawal shall not prejudice
the consideration of any matter which is the subject of a communication
already transmitted under this article; no further communication
by any State Party shall be received under this article after
the notification of withdrawal of the declaration has been received
by the Secretary-General, unless the State Party concerned has
made a new declaration.
Article 22
1.
A State Party to this Convention may at any time declare under this
article that it recognizes the competence of the Committee to receive
and consider communications from or on behalf of individuals subject
to its jurisdiction who claim to be victims of a violation by a
State Party of the provisions of the Convention. No communication
shall be received by the Committee if it concerns a State Party
which has not made such a declaration.
2.
The Committee shall consider inadmissible any communication under
this article which is anonymous or which it considers to be an
abuse of the right of submission of such communications or to
be incompatible with the provisions of this Convention.
3.
Subject to the provisions of paragraph 2, the Committee shall
bring any communications submitted to it under this article to
the attention of the State Party to this Convention which has
made a declaration under paragraph I and is alleged to be violating
any provisions of the Convention. Within six months, the receiving
State shall submit to the Committee written explanations or statements
clarifying the matter and the remedy, if any, that may have been
taken by that State.
4.
The Committee shall consider communications received under this
article in the light of all information made available to it by
or on behalf of the individual and by the State Party concerned.
5.
The Committee shall not consider any communications from an individual
under this article unless it has ascertained that:
(a) The same matter has not been, and is not being, examined
under another procedure of international investigation or settlement;
(b)
The individual has exhausted all available domestic remedies;
this shall not be the rule where the application of the remedies
is unreasonably prolonged or is unlikely to bring effective
reliefto the person who is the victim of the violation of this
Convention.
6. The Committee shall hold closed meetings when examining communications
under this article.
7.
The Committee shall forward its views to the State Party concerned
and to the individual.
8.
The provisions of this article shall come into force when five
States Parties to this Convention have made declarations under
paragraph 1 of this article. Such declarations shall be deposited
by the States Parties with the Secretary-General of the United
Nations, who shall transmit copies thereof to the other States
Parties. A declaration may be withdrawn at any time by notification
to the Secretary-General. Such a withdrawal shall not prejudice
the consideration of any matter which is the subject of a communication
already transmitted under this article; no further communication
by or on behalf of an individual shall be received under this
article after the notification of withdrawal of the declaration
has been received by the SecretaryGeneral, unless the State Party
has made a new declaration.
Article 23
The members of the Committee and of the ad hoc conciliation commissions
which may be appointed under article 21, paragraph I (e), shall
be entitled to the facilities, privileges and immunities of experts
on mission for the United Nations as laid down in the relevant sections
of the Convention on the Privileges and Immunities of the United
Nations.
Article 24
The Committee shall submit an annual report on its activities under
this Convention to the States Parties and to the General Assembly
of the United Nations.
PART
III
Article
25
1.
This Convention is open for signature by all States. 2. This Convention
is subject to ratification. Instruments of ratification shall be
deposited with the Secretary-General of the United Nations.
Article 26
This Convention is open to accession by all States. Accession shall
be effected by the deposit of an instrument of accession with the
SecretaryGeneral of the United Nations.
Article 27
1.
This Convention shall enter into force on the thirtieth day after
the date of the deposit with the Secretary-General of the United
Nations of the twentieth instrument of ratification or accession.
2.
For each State ratifying this Convention or acceding to it after
the deposit of the twentieth instrument of ratification or accession,
the Convention shall enter into force onthe thirtieth day after
the date of the deposit of its own instrument of ratification
or accession.
Article 28
1.
Each State may, at the time of signature or ratification of this
Convention or accession thereto, declare that it does not recognize
the competence of the Committee provided for in article 20.
2.
Any State Party having made a reservation in accordance with paragraph
I of this article may, at any time, withdraw this reservation
by notification to the Secretary-General of the United Nations.
Article 29
1
. Any State Party to this Convention may propose an amendment and
file it with the Secretary-General of the United Nations. The SecretaryGeneral
shall thereupon communicate the proposed amendment to the States
Parties with a request that they notify him whether they favour
a conference of States Parties for the purpose of considering an
d voting upon the proposal. In the event that within four months
from the date of such communication at least one third of the States
Parties favours such a conference, the SecretaryGeneral shall convene
the conference under the auspices of the United Nations. Any amendment
adopted by a majority of the States Parties present and voting at
the conference shall be submitted by the Secretary-General to all
the States Parties for acceptance.
2.
An amendment adopted in accordance with paragraph I of this article
shall enter into force when two thirds of the States Parties to
this Convention have notified the Secretary-General of the United
Nations that they have accepted it in accordance with their respective
constitutional processes.
3.
When amendments enter into force, they shall be binding on those
States Parties which have accepted them, other States Parties
still being bound by the provisions of this Convention and any
earlier amendments which they have accepted.
Article 30
1.
Any dispute between two or more States Parties concerning the interpretation
or application of this Convention which cannot be settled through
negotiation shall, at the request of one of them, be submitted to
arbitration. If within six months from thc date of the request for
arbitration the Parties are unable to agree on the organization
of the arbitration, any one of those Parties may refer the dispute
to the International Court of Justice by request in conformity with
the Statute of the Court.
2.
Each State may, at the time of signature or ratification of this
Con vention or accession thereto, declare that it does not consider
itself bound by paragraph I of this article. The other States
Parties shall not be bound by paragraph I of this article with
respect to any State Party having made such a reservation.
3.
Any State Party having made a reservation in accordance with paragraph
2 of this article may at any time withdraw this reservation by
notification to the Secretary-General of the United Nations.
Article 31
1.
A State Party may denounce this Convention by written notification
to the Secretary-General of the United Nations. Denunciation becomes
effective one year after the date of receipt of- the notification
by the Secretary-General .
2.
Such a denunciation shall not have the effect of releasing the
State Party from its obligations under this Convention in regard
to any act or omission which occurs prior to the date at which
the denunciation becomes effective, nor shall denunciation prejudice
in any way the continued consideration of any matter which is
already under consideration by the Committee prior to the date
at which the denunciation becomes effective.
3.
Following the date at which the denunciation of a State Party
becomes effective, the Committee shall not commence consideration
of any new matter regarding that State.
Article 32
The Secretary-General of the United Nations shall inform all States
Members of the United Nations and all States which have signed this
Convention or acceded to it of the following:
(a) Signatures, ratifications and accessions under articles 25
and 26;
(b)
The date of entry into force of this Convention under article
27 and the date of the entry into force of any amendments under
article 29;
(c)
Denunciations under article 31.
Article 33
1.
This Convention, of which the Arabic, Chinese, English, French,
Russian and Spanish texts are equally authentic, shall be deposited
with the Secretary-General of the United Nations.
2.
The Secretary-General of the United Nations shall transmit certified
copies of this Convention to all States.
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