The United Nations Convention against Torture is an international treaty that aims to prevent torture around the world. It defines torture and establishes the Committee Against Torture to monitor states' compliance. States must prevent torture, not extradite people where torture may occur, provide due process, and educate their personnel about prohibiting torture. The Convention defines torture and sets forth state obligations and individual rights regarding torture.

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(CAT)

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4. “United Nations Convention against Torture is an
international human rights treaty, under the review of
the United Nations, that aims to prevent torture and
other acts of cruel, inhuman, or degrading treatment or
punishment around the world”.

5.  Adopted December 9, 1975
 Drafted 10 December 1984
 Signed 10 December 1984
 Location New York
 Effective 26 June 1987
 Condition 20 ratifications
 Signatories 81
 Parties 158
 Depositary UN Secretary-General
 Languages Arabic, Chinese, English, French, Russian
and Spanish

6.  Monitors and review actions taken by states to fulfill their
duties.
 There are four procedures that the Committee uses to review
actions by States:
o States have to submit periodic reports to the Committee
o If there is suspicion that a State is practicing torture the
Committee can initiate a confidential inquiry.
o The Committee can also hear complaints from individuals
who claim to be victims of a violation by a State party.
o State to State complaints can be provided
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7.  States are obligated to prevent torture as defined by the
Convention and other acts that are deemed cruel and
inhumane.
 States have to take effective legislative, administrative judicial
or other measures to prevent torture from occurring in their
territories.
 States are obligated not to expel, return, or extradite an
individual to another State where torture is practiced.
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8.  Part I Includes state party obligations. (Articles 1-16)
 Part II. Establishes the Committee Against Torture and its
operating procedures. (Articles 17-24)
 Part III. Describes ratification of, withdrawal from and
disputes under the CAT. (Articles 25-33)
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9. Of the 33 Articles of the CAT, the following are most relevant to
this presentation:
 Article 1: Defines torture.
 Article 2: Limits exceptions to application.
 Article 3: The Principle of non-refoulement (no return).
 Article 6-9: Principle of due process for the accused.
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10.  Article 10: Education & training regarding the prohibition
against torture.
 Article 13-14, 16: The right of due process to a person alleging
torture.
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11.  Defines Torture:
“Torture is any intentional infliction of severe physical or mental
pain that may be by or with the consent of state authorities for a
specific purpose.”
(Article 1)

12.  For the purposes of this Convention, the term "torture" means
an act must be specifically intended to inflict severe physical
or mental pain or suffering and that mental pain or suffering
refers to prolonged mental harm caused by or resulting from:
 (1) the intentional infliction or threatened infliction of severe physical pain
or suffering;
 (2) the administration or application, or threatened administration or
application, of mind-altering substances or other procedures calculated to
disrupt profoundly the senses or the personality;
(Article 1 cont.)

13.  (3) the threat of imminent death;
 (4) the threat that another person will imminently be subjected
to death, severe physical pain or suffering, or the
administration or application of mind-altering substances or
other procedures calculated to disrupt profoundly the senses or
the personality.
 It does not include pain or suffering arising only from, inherent
in or incidental to lawful sanctions.
(Article 1 cont.)

14.  Limits exceptions to application:
 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, 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.
(Article 2)

15.  An order from a superior officer or a public authority may not
be invoked as a justification of torture.
(Article 2 cont.)

16.  The Principle of non-refoulement (no return):
 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.
(Article 3)

17.  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 3 cont.)

18.  Principle of due process for the accused:
The accused shall be taken into custody and shall be assisted in
communicating immediately with the nearest appropriate
representative of his or her national state.
(Article 6-9)

19.  Detention and preliminary inquiry in cases of extradition:
 Ordinarily, the apprehension and detention of a
suspected torturer for purposes of extradition requires
issuance of an arrest warrant by a federal district court
judge or magistrate judge. In exigent circumstances
(e.g., when a suspect is identified trying to enter or leave
the country at a port of entry) an arrest may be made
without a warrant and the suspect detained in
accordance with normal procedure.
(Article 6)

20.  Extradite or prosecute:
 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.
(Article 7

21.  Extraditable offences:
 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.
(Article 8)

22.  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.
(Article 8 cont.)

23.  Mutual legal assistance:
 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.
 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 9)

24.  Education regarding the prohibition against torture:
 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.
(Article 10)

25.  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 10 cont.)

26.  The right of due process to a person alleging torture:
(Article 13-14, 16)

27.  Right to complain:
 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 13)

28.  Private right of redress and/or compensation:
 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 dependents shall be
entitled to compensation.
 Nothing in this article shall affect any right of the victim or
other persons to compensation which may exist under national
law.
(Article 14)

29.  Other 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. 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.
(Article 16)

30.  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.
(Article 16 cont.)

31. “The State party should adopt clear legal provisions
to implement the principle of absolute prohibition of torture in its
domestic law without any possible derogation.”
The CAT is a useful tool in limiting the use of torture for any
purposes anywhere in the world. It has significant flaws and does
not yet have the assent of all states; however, it codifies a
growing belief that state-sponsored torture is not to be tolerated
in international law.

33. Thank you for
listening