Torture Convention

The Convention against Torture and Other Cruel, Inhuman or degradig Treatment or Punishment (Torture Convention) was adopted by the United Nations General Assembly on 10 December 1984. The convention entered into force on 26 June 1986. Ever since, 26 June is the international day in support of victims of torture.

Contents of the Torture Convention

• Part I (articles 1-16): the definition of torture and the obligations for States
• Part 2 (articles 17-24): establishment of the Committee against Torture, its mandate and its reporting and monitoring
• Part 3 (articles 25-33): governs ratification, entry into force, amendments, dispute resolution, denunciation

Main provisions of the Torture Convention

Article 1.1 Definition of torture

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.

Article 2 Ban on torture

1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction;
2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture;
3. An order from a superior officer or a public authority may not be invoked as a justification of torture.

Article 3 Ban of refoulement

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 16.1 Ban on other acts of cruel, inhuman, or degrading treatment or punishment

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....