Section 69p. 69

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

CONVENTION AGAINST TORTURE AND OTHER CRUEL,

INHUMAN OR DEGRADING TREATMENT OR

PUNISHMENT *

The States Parties to this Convention,

Considering

that,

in

accordance

with

the principles

proclaimed

in

the

Charter

of

the

United

Nations,

recognition of the equal and inalienable rights of all

members of the human family is the foundation of

freedom, justice and peace in the world,

Recognizing that those rights derive from the inherent

dignity of the human person,

Considering the obligation of States under the Charter, in

particular Article 55, to promote universal respect for, and

observance of, human rights and fundamental freedoms,

Having regard to article 5 of the Universal Declaration of

Human Rights and article 7 of the International Covenant

on Civil and Political Rights, both of which provide that no

one shall be subjected to torture or to cruel, inhuman or

degrading treatment or punishment,

Having regard also to the Declaration on the Protection of

All Persons from Being Subjected to Torture and Other

Cruel, Inhuman or Degrading Treatment or Punishment,

adopted by the General Assembly on 9 December 1975,

Desiring to make more effective the struggle against

torture and other cruel, inhuman or degrading treatment

or punishment throughout the world,

Have agreed as follows:

PART I

ARTICLE 1

1. For the purposes of this Convention, the term "torture"

means any act by which severe pain or suffering, whether

physical or mental, is intentionally inflicted on a person

for such purposes as obtaining from him or a third person

information or a confession, punishing him for an act he

or a third person has committed or is suspected of having

committed, or intimidating or coercing him or a third

person, or for any reason based on discrimination of any

kind, when such pain or suffering is inflicted by or at the

instigation of or with the consent or acquiescence of a

public

official

or

other

person

acting in an official

capacity. It does not include pain or suffering arising only

from, inherent in or incidental to lawful sanctions.

2. This article is without prejudice to any international

instrument or national legislation which does or may

contain provisions of wider application.

ARTICLE 2

1.

Each

State

Party

shall

take

effective

legislative,

administrative, judicial or other measures to prevent acts

of torture in any territory under its jurisdiction.

2. No exceptional circumstances whatsoever, whether a

state of war or a threat of war, internal political 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

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