Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment
Adopted and opened for signature, ratification and accession
by
General Assembly resolution 39/46 of 10 December 1984
entry into force 26 June 1987, in accordance with
article 27 (1)
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);
status of ratification)
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);
status of ratification)
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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