Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

The States Parties recall that recognition of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace. They recognize that those rights derive from the inherent dignity of the human person and that States are obliged under the Charter of the United Nations to promote universal respect for human rights and fundamental freedoms. They have regard to article 5 of the Universal Declaration of Human Rights and article 7 of the International Covenant on Civil and Political Rights, both prohibiting torture and cruel, inhuman or degrading treatment or punishment. They also recall the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and desire to make the struggle against torture more effective throughout the world.

For the purposes of the Convention, 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 information or a confession, punishing, intimidating or coercing that person or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by, 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. This definition is without prejudice to wider definitions in other international instruments or national legislation.

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

No State Party shall expel, return or extradite a person to another State where there are substantial grounds for believing that the person would be in danger of being subjected to torture. In determining such grounds, 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.

Each State Party shall ensure that all acts of torture are offences under its criminal law. The same applies to attempts to commit torture and to acts by any person that constitute complicity or participation in torture. Each State Party shall make these offences punishable by appropriate penalties taking into account their grave nature.

Each State Party shall establish jurisdiction over torture offences when committed in territory under its jurisdiction, on board a ship or aircraft registered in that State, by its nationals, or when the victim is its national if the State considers it appropriate. Each State Party shall also establish jurisdiction where the alleged offender is present in any territory under its jurisdiction and the State does not extradite that person. The Convention does not exclude criminal jurisdiction exercised under internal law.

When a person alleged to have committed torture is present in a State's territory, the State shall, after examining available information and being satisfied that circumstances warrant, take that person into custody or take other legal measures to ensure presence. The State shall immediately make a preliminary inquiry, assist communication with representatives of the person's State, and notify relevant States of custody and whether it intends to exercise jurisdiction.

The State in whose territory the alleged offender is found shall, if it does not extradite, submit the case to competent authorities for prosecution. Authorities shall decide in the same manner as for any ordinary offence of serious nature under the law of that State. Standards of evidence shall not be less stringent than those applied in comparable cases. The person shall be guaranteed fair treatment at all stages.

Torture offences shall be deemed to be included as extraditable offences in any extradition treaty between States Parties. States Parties undertake to include such offences as extraditable in every future extradition treaty. Where a State makes extradition conditional on a treaty, the Convention may be considered the legal basis for extradition. States that do not require a treaty shall recognize such offences as extraditable, subject to their law. For extradition purposes the offences are treated as committed both where they occurred and in the territories of States required to establish jurisdiction.

States Parties shall afford one another the greatest measure of assistance in criminal proceedings concerning torture offences, including supply of evidence. They shall carry out obligations in conformity with any mutual judicial assistance treaties between them.

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 involved in custody, interrogation or treatment of persons under arrest, detention or imprisonment. The prohibition shall be included in rules or instructions issued regarding duties of such persons.

Each State Party shall keep under systematic review interrogation rules, instructions, methods and practices as well as arrangements for custody and treatment of persons subjected to arrest, detention or imprisonment in any territory under its jurisdiction, with a view to preventing torture.

Each State Party shall ensure that competent authorities proceed to a prompt and impartial investigation whenever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction.

Each State Party shall ensure that any individual alleging torture in territory under its jurisdiction has the right to complain to competent authorities and to have the case promptly and impartially examined. Steps shall be taken to protect the complainant and witnesses against ill-treatment or intimidation as a consequence of the complaint or evidence given.

Each State Party shall ensure in its legal system that the victim of torture obtains redress and has an enforceable right to fair and adequate compensation, including means for as full rehabilitation as possible. In the event of the victim's death as a result of torture, dependants are entitled to compensation. This does not affect any right to compensation existing under national law.

Each State Party shall ensure that any statement established to have been made as a result of torture is not invoked as evidence in proceedings, except against a person accused of torture as evidence that the statement was made.

Each State Party undertakes to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment that do not amount to torture as defined in article 1, when 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. Obligations concerning training, review, investigation, complaint and evidence apply with references to such treatment or punishment.

A Committee against Torture is established, consisting of ten experts of high moral standing and recognized competence in human rights, serving in their personal capacity. Members are elected by States Parties with regard to equitable geographical distribution and usefulness of legal experience. Election, term, re-election and vacancy rules are provided.

The Committee elects its officers for a two-year term, establishes its own rules of procedure and acts with quorum and voting rules. The Secretary-General provides necessary staff and facilities and convenes the first meeting. States Parties bear expenses of members while performing Committee duties.

States Parties submit reports to the Committee through the Secretary-General on measures taken to give effect to the Convention within one year after entry into force for the State concerned, and thereafter supplementary reports every four years and whenever requested. The Committee may make general comments, transmit comments to States and include them in annual reports.

If the Committee receives reliable information indicating that torture is being systematically practiced in a State Party, it may invite the State to cooperate in examination of the information and submit observations. The Committee may make a confidential inquiry and, with the State's agreement, a visit. Findings may be transmitted to the State with comments or suggestions. Proceedings are confidential, and a summary may be included in the annual report after consultations.

A State Party may declare that it recognizes the Committee's competence to receive and consider communications in which another State Party claims that it is not fulfilling its obligations. The procedure applies only between States that have made such declarations and includes notification, written explanations, possible referral back to the Committee, exhaustion of domestic remedies and good offices for friendly solution.

A State Party may declare that it recognizes the Committee's competence to receive and consider communications from individuals subject to its jurisdiction who claim to be victims of a violation by that State. The Committee considers admissibility, including exhaustion of domestic remedies, excludes anonymous or abusive communications and those examined elsewhere, transmits views to the State and individual, and may request explanations from the State.

Members of the Committee and of ad hoc conciliation commissions are entitled to facilities, privileges and immunities of experts on mission for the United Nations as laid down in the Convention on the Privileges and Immunities of the United Nations.

The Committee submits an annual report on its activities under the Convention to the States Parties and to the General Assembly.

The Convention is open for signature by all States.

The Convention is subject to ratification. Instruments of ratification are deposited with the Secretary-General of the United Nations.

The Convention enters into force on the thirtieth day after deposit of the twentieth instrument of ratification or accession. For each later State it enters into force on the thirtieth day after deposit of its own instrument.

A State may, at signature or ratification or accession, declare that it does not recognize the competence of the Committee under article 20. Such reservation may be withdrawn at any time by notification to the Secretary-General.

A State Party may propose an amendment and file it with the Secretary-General. If one third of States Parties favour a conference, the Secretary-General convenes it. Amendments adopted by majority and accepted by two thirds of States Parties enter into force for those accepting them.

Any dispute between States Parties concerning interpretation or application of the Convention not settled by negotiation shall, at the request of one party, be submitted to arbitration. If within six months the parties cannot agree on arbitration, any party may refer the dispute to the International Court of Justice. A State may declare that it is not bound by this paragraph; such reservation may be withdrawn.

A State Party may denounce the Convention by written notification to the Secretary-General. Denunciation takes effect one year after receipt of the notification. It does not release the State from obligations concerning acts or omissions occurring before the effective date.

The Secretary-General informs all States of signatures, ratifications, accessions, entry into force, declarations and reservations, withdrawals of reservations, amendments and denunciations.

The Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, is deposited with the Secretary-General of the United Nations, who transmits certified copies to all States.