Convention against Torture
The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) sets out in clear language the nature of torture. It also defines the obligations of governments to prevent, to prosecute those responsible for the crime, to provide training and education, and to ensure generous redress and rehabilitation for victims of torture.
Prohibition against torture is absolute, states the Convention. No "exceptional circumstances", including state of emergency, war, or an order from a public authority, can justify it.
The Convention strengthens the existing prohibition of torture and other cruel, inhuman or degrading treatment or punishment by providing for several forms of international supervision of countries' compliance with the Convention.
Countries that are parties to the Convention must prevent and punish acts of torture as the Convention defines it. But they must also prevent and punish other acts of cruel, inhuman or degrading treatment or punishment, when such acts are committed by, at the instigation of, or with the consent or acquiescence of a public official or other person acting in an official capacity.
Preventing acts of torture
Countries that are parties to the Convention must take effective legislative, administrative, judicial or other measures to prevent acts of torture from occurring on their territories. The Convention mentions such measures as:
• the prohibition and punishability of all acts of torture by appropriate penalties in domestic criminal law
• the full integration of education and information about the prohibition against torture into the training of law enforcement personnel, civil or military, medical personnel, public officials and others
• the systematic review of interrogation rules, instructions, methods and practices, as well as of arrangements for the custody and treatment of suspects, detainees and prisoners
• guarantees for the prompt and impartial investigation of allegations of torture by competent authorities
• the protection of witnesses
• the possibility for victims to obtain redress and fair and adequate compensation and rehabilitation
In addition, countries that are parties to the Convention must not expel, return or extradite a person to another state where he or she might be tortured. An act of torture must be made an extraditable offense and a country that is party to the Convention must establish its jurisdiction over crimes of torture committed in any part of its territory by one of its nationals and when an alleged offender is present on its territory and not extradited.
The Convention provides for the establishment of an independent, international body, the Committee against Torture, with a brief to monitor and promote implementation of the treaty, and to receive, consider and investigate allegations of torture, and to seek the co-operation of states parties in so doing.
Countries' obligations
The Committee against Torture has, among others, the following procedures for monitoring and reviewing actions taken by countries to fulfill their obligations.
• All countries party to the Convention must submit periodic reports to the Committee, which results in the adoption of recommendations by the Committee to the country in question.
• If the Committee gets reliable information that torture is being systematically practiced in the territory of a country party to the Convention, it may initiate a confidential inquiry of the situation. Such an inquiry would be carried out in cooperation with the country concerned and would include country visits.
• The Committee can consider complaints from individuals who claim to be victims of a violation by a country party to the Convention. This may be done only if the country concerned has declared that it recognizes the Committee as qualified to receive and examine such complaints.
Despite widespread acceptance of the prohibition of torture under international law, the Convention still remains the least ratified of the six main UN human rights treaties. It was adopted in December 1984 and by October 2005 only 140 nations had ratified it.
Campaign for the Ratification of the UN Convention against Torture
The work against torture requires the active support and contribution of all. It starts with governments, as those primarily responsible for and with capacity to prevent torture and provide redress for victims of torture. It is for this reason that the IRCT, and the other members of Coalition of International NGOs Against Torture (CINAT) place such emphasis on the importance of the Convention.
On behalf of the members of CINAT, the IRCT is leading a campaign for the universal ratification of the United Nations Convention against Torture for the fifth consecutive year.
Has your government ratified the Convention?
You can check the country-by-country status of the ratification of the Convention against Torture and the recognition by countries of the competence of the Committee against Torture at the website of the UN Office of the High Commissioner for Human Rights.
On the same site you can also read the text of the UN Convention against Torture in its entirety.
