Understanding Torture: Convention against Torture & International Humanitarian Law, Papers of Political Science

Download Understanding Torture: Convention against Torture & International Humanitarian Law and more Papers Political Science in PDF only on Docsity! PSC 354, Human Rights & Global Affairs Presentation: Torture March 25, 2009 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (adopted on December 1984; entry into force 26 June 1987) 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. What is the definition of torture and ill treatment? International humanitarian law prohibits torture and other forms of ill treatment at all times and demands that detainees be treated according to the rules and principles of IHL and other international standards.