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United Nations Convention Against Torture

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International human rights instrument against torture and cruel or unusual punishment

United Nations Convention Against Torture
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
  states parties
  states that have signed, but not ratified
  states that have not signed
TypeHuman rights convention
Drafted10 December 1984[1]
Signed4 February 1985[2]
LocationNew York
Effective26 June 1987[1]
Condition20 ratifications[3]
Signatories83[1]
Parties174[1]
DepositaryUN Secretary-General[4]
LanguagesArabic, Chinese, English, French, Russian and Spanish[5]
Full text
Convention against Torture atWikisource

TheConvention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (commonly known as theUnited Nations Convention Against Torture (UNCAT)) is aninternational human rights treaty under the review of theUnited Nations that aims to preventtorture and other acts ofcruel, inhuman, or degrading treatment or punishment around the world.

The Convention requires member states to take effective measures to prevent torture in anyterritory under theirjurisdiction, and forbids member states to transport people to any country where there is reason to believe they will be tortured.

The text of the convention was adopted by theUnited Nations General Assembly on 10 December 1984[1] and, following ratification by the 20th state party,[3] it came into force on 26 June 1987.[1] 26 June is now recognized as theInternational Day in Support of Victims of Torture, in honor of the convention. Since the convention's entry was enforced, the absolute prohibition against torture and other acts of cruel, inhuman, or degrading treatment or punishment has become accepted as a principle ofcustomary international law.[6] As of April 2024, the convention has 174 state parties.[1]

Summary

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The Convention follows the structure of theUniversal Declaration of Human Rights (UDHR),International Covenant on Civil and Political Rights (ICCPR) and theInternational Covenant on Economic, Social and Cultural Rights (ICESCR), with a preamble and 33 articles, divided into three parts:

Part I (Articles 1–16) contains a definition of torture (Article 1), and commits parties to taking effective measures to prevent any act of torture in any territory under their jurisdiction (Article 2). These include ensuring that torture is a criminal offense under a party'smunicipal law (Article 4), establishing jurisdiction over acts of torture committed by or against a party's nationals (Article 5), ensuring that torture is anextraditable offense (Article 8), and establishinguniversal jurisdiction to bring cases of torture to trial where an alleged torturer cannot be extradited (Article 5). Parties must promptly investigate any allegation of torture (Articles 12 and 13), and victims of torture, or their dependents in case victims died as a result of torture, must have an enforceable right to compensation (Article 14). Parties must also ban the use ofevidence produced by torture in their courts (Article 15), and are barred fromdeporting, extraditing, orrefouling people where there are substantial grounds for believing they will be tortured (Article 3). Parties are required to train and educate theirpublic servants andprivate citizens involved in thecustody,interrogation, or treatment of any individual subjected to any form ofarrest, detention, orimprisonment, regarding the prohibition against torture (Article 10). Parties also must keep interrogation rules, instructions, methods, and practices under systematic review regarding individuals who are under custody or physical control in any territory under their jurisdiction, in order to prevent all acts of torture (Article 11). Parties are also obliged to prevent all acts of cruel, inhuman, or degrading treatment or punishment in any territory under their jurisdiction, and to investigate any allegation of such treatment. (Article 16).

Part II (Articles 17–24) governs reporting and monitoring of the convention and the steps taken by the parties to implement it. It establishes theCommittee Against Torture (Article 17), and empowers it to investigate allegations of systematic torture (Article 20). It also establishes an optional dispute-resolution mechanism between parties (Article 21) and allows parties to recognize the competence of the committee to hear complaints from individuals about violations of the convention by a party (Article 22).

Part III (Articles 25–33) governs ratification, entry into force, and amendment of the convention. It also includes an optional arbitration mechanism for disputes between parties (Article 30).

Main provisions

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Definition of torture

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Article 1.1 of the Convention defines torture as:

For the purpose of this Convention, the term "torture" means any act by which severepain orsuffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him, or a third person, information or aconfession, punishing him for an act he or a third person has committed or is suspected of having committed, orintimidating orcoercing 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 apublic 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.

The words "inherent in or incidental to lawful sanctions" remain vague and very broad. It is extremely difficult to determine what sanctions are "inherent in or incidental to lawful sanctions" in a particular legal system and what are not. The drafters of the Convention neither provided any criteria for making such determination nor did it define the terms. The nature of the findings would so differ from one legal system to another that they would give rise to serious disputes among the parties to the convention. It was suggested that the reference to such rules would make the issue more complicated, for it would endow the rules with a semblance of legal binding force. This allows state parties to pass domestic laws that permit acts of torture that they believe are within the lawful sanctions clause. However, the most widely adopted interpretation of the lawful sanctions clause is that it refers to sanctions authorized byinternational law. Pursuant to this interpretation, only sanctions that are authorized by international law will fall within this exclusion. The interpretation of the lawful sanctions clause leaves no scope of application and is widely debated by authors, historians, and scholars alike.[7]

Ban on torture

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Article 2 prohibits torture, and requires parties to take effective measures to prevent it in any territory under their jurisdiction. This prohibition is absolute and non-derogable. "No exceptional circumstances whatsoever"[8] may be invoked to justify torture, includingwar, threat of war, internalpolitical instability,public emergency,terrorist acts,violent crime, or any form of armed conflict.[6] In other words, torture cannot be justified as a means to protect public safety or prevent emergencies.[8] Subordinates who commit acts of torture cannot abstain themselves from legal responsibility on the grounds that they werejust following orders from theirsuperiors.[6]

The prohibition on torture applies to anywhere under a party's effective jurisdiction inside or outside of its borders, whether on board itsships oraircraft or in itsmilitary occupations,military bases,peacekeeping operations,health care industries,schools,day care centers,detention centers,embassies, or any other of its areas, and protects all people under its effective control, regardless of nationality or how that control is exercised.[6]

The other articles of part I lay out specific obligations intended to implement this absolute prohibition by preventing, investigating, and punishing acts of torture.[6]

Ban onrefoulement

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Article 3prohibits parties from returning, extraditing, orrefouling any person to a state "where there are substantial grounds for believing that he would be in danger of being subjected to torture."[9] The Committee Against Torture has held that this danger must be assessed not just for the initial receiving state, but also to states to which the person may be subsequently expelled, returned or extradited.[10]

Obligation to prosecute or extradite

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Article 7 obligates the government of the state in which the alleged offense occurred to either prosecute the accused party, or extradite them to a state that will, under the principle ofaut dedere aut judicare.[11]

Ban on cruel, inhuman, or degrading treatment or punishment

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Article 16 requires parties to prevent "other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in article 1" in any territory under their jurisdiction. Because it is often difficult to distinguish between cruel, inhuman, or degrading treatment or punishment and torture, the Committee regards Article 16's prohibition of such act as similarly absolute and non-derogable.[6]

Signatories and ratifications

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ParticipantSignatureRatification, accession (a), succession (d)
 Afghanistan4 February 19851 April 1987
Albania Albania11 May 1994 a
Algeria Algeria26 November 198512 September 1989
Angola Angola24 September 20132 October 2019
Andorra Andorra5 August 200222 September 2006
Antigua and Barbuda Antigua and Barbuda19 July 1993 a
Argentina Argentina4 February 198524 September 1986
Armenia Armenia13 September 1993 a
Australia Australia10 December 19858 August 1989
Austria Austria14 March 198529 July 1987
Azerbaijan Azerbaijan16 August 1996 a
The Bahamas Bahamas16 December 200831 May 2018
Bahrain Bahrain6 March 1998 a
Bangladesh Bangladesh5 October 1998 a
Belarus Belarus19 December 198513 March 1987 (as theByelorussian SSR)
Belgium Belgium4 February 198525 June 1999
Belize Belize17 March 1986 a
Benin Benin12 March 1992 a
Bolivia Bolivia (Plurinational State of)4 February 198512 April 1999
Bosnia and Herzegovina Bosnia and Herzegovina1 September 1993 d
Botswana Botswana8 September 20008 September 2000
Brazil Brazil23 September 198528 September 1989
Brunei Brunei Darussalam22 September 2015
Bulgaria Bulgaria10 June 198616 December 1986
Burkina Faso Burkina Faso4 January 1999 a
Burundi Burundi18 February 1993 a
Cape Verde Cabo Verde4 June 1992 a
Cambodia Cambodia15 October 1992 a
Cameroon Cameroon19 December 1986 a
Canada Canada23 August 198524 June 1987
Central African Republic Central African Republic11 October 2016 a
Chad Chad9 June 1995 a
Chile Chile23 September 198730 September 1988
China China12 December 19864 October 1988
Colombia Colombia10 April 19858 December 1987
Comoros Comoros22 September 2000
Republic of the Congo Congo30 July 2003 a
Costa Rica Costa Rica4 February 198511 November 1993
Ivory Coast Côte d'Ivoire18 December 1995 a
Croatia Croatia12 October 1992 d
Cuba Cuba27 January 198617 May 1995
Cyprus Cyprus9 October 198518 July 1991
Czech Republic Czech Republic22 February 1993 d (previously ratified byCzechoslovakia on 7 July 1988)
Democratic Republic of the Congo Democratic Republic of the Congo18 March 1996 a (asZaire)
Denmark Denmark4 February 198527 May 1987
Djibouti Djibouti5 November 2002 a
Dominican Republic Dominican Republic4 February 198524 January 2012
Ecuador Ecuador4 February 198530 March 1988
Egypt Egypt25 June 1986 a
El Salvador El Salvador17 June 1996 a
Equatorial Guinea Equatorial Guinea8 October 2002 a
Eritrea Eritrea25 September 2014 a
Estonia Estonia21 October 1991 a
Ethiopia Ethiopia14 March 1994 a
Fiji Fiji1 March 201616 March 2016
Finland Finland4 February 198530 August 1989
France France4 February 198518 February 1986
Gabon Gabon21 January 19868 September 2000
The Gambia Gambia23 October 198528 September 2018
Georgia (country) Georgia26 October 1994 a
Germany Germany13 October 19861 October 1990 (Signed as theFederal Republic of Germany. TheGerman Democratic Republic also ratified on 9 September 1987)
Ghana Ghana7 September 20007 September 2000
Greece Greece4 February 19856 October 1988
Grenada Grenada26 September 2019 a
Guatemala Guatemala5 January 1990 a
Guinea Guinea30 May 198610 October 1989
Guinea-Bissau Guinea-Bissau12 September 200024 September 2013
Guyana Guyana25 January 198819 May 1988
Holy See Holy See26 June 2002 a
Honduras Honduras5 December 1996 a
Hungary Hungary28 November 198615 April 1987
Iceland Iceland4 February 198523 October 1996
India India14 October 1997
Indonesia Indonesia23 October 198528 October 1998
Iraq Iraq7 July 2011 a
Republic of Ireland Ireland28 September 199211 April 2002
Israel Israel22 October 19863 October 1991
Italy Italy4 February 198512 January 1989, 5 July 2017 a[12]
Japan Japan29 June 1999 a
Jordan Jordan13 November 1991 a
Kazakhstan Kazakhstan26 August 1998 a
Kenya Kenya21 February 1997 a
Kiribati Kiribati22 July 2019 a
Kuwait Kuwait8 March 1996 a
Kyrgyzstan Kyrgyzstan5 September 1997 a
Laos Lao People's Democratic Republic21 September 201026 September 2012
Latvia Latvia14 April 1992 a
Lebanon Lebanon5 October 2000 a
Lesotho Lesotho12 November 2001 a
Liberia Liberia22 September 2004 a
Libya Libya16 May 1989 a (thenHistory of Libya under Muammar GaddafiLibyan Arab Jamahiriya)
Liechtenstein Liechtenstein27 June 19852 November 1990
Lithuania Lithuania1 February 1996 a
Luxembourg Luxembourg22 February 198529 September 1987
Madagascar Madagascar1 October 200113 December 2005
Malawi Malawi11 June 1996 a
Maldives Maldives20 April 2004 a
Mali Mali26 February 1999 a
Malta Malta13 September 1990 a
Marshall Islands Marshall Islands12 March 2018 a
Mauritania Mauritania17 November 2004 a
Mauritius Mauritius9 December 1992 a
Mexico Mexico18 March 198523 January 1986
Monaco Monaco6 December 1991 a
Mongolia Mongolia24 January 2002 a
Montenegro Montenegro23 October 2006 d
Morocco Morocco8 January 198621 June 1993
Mozambique Mozambique14 September 1999 a
Namibia Namibia28 November 1994 a
Nauru Nauru12 November 200126 September 2012
Nepal Nepal14 May 1991 a
Netherlands Netherlands4 February 198521 December 1988
New Zealand New Zealand14 January 198610 December 1989
Nicaragua Nicaragua15 April 19855 July 2005
Niger Niger5 October 1998 a
Nigeria Nigeria28 July 198828 June 2001
Norway Norway4 February 19859 July 1986
Pakistan Pakistan17 April 20083 June 2010
Palau Palau20 September 2011
Palestine State of Palestine2 April 2014 a
Oman Oman9 June 2020 a
Panama Panama22 February 198524 August 1987
Paraguay Paraguay23 October 198912 March 1990
Peru Peru29 May 19857 July 1988
Philippines Philippines18 June 1986 a
Poland Poland13 January 198626 July 1989
Portugal Portugal4 February 19859 February 1989
Qatar Qatar11 January 2000 a
South Korea Republic of Korea [South]9 January 1995 a
Moldova Republic of Moldova28 November 1995 a
Romania Romania18 December 1990 a
Russia Russian Federation10 December 19853 March 1987 (ratified as theSoviet Union)
Rwanda Rwanda15 December 2008 a
Saint Kitts and Nevis Saint Kitts and Nevis21 September 2020 a
Saint Vincent and the Grenadines Saint Vincent and the Grenadines1 August 2001 a
Samoa Samoa28 March 2019 a
San Marino San Marino18 September 200227 November 2006
São Tomé and Príncipe São Tomé and Príncipe6 September 200010 January 2017
Saudi Arabia Saudi Arabia23 September 1997 a
Senegal Senegal4 February 198521 August 1986
Serbia Serbia12 March 2001 d (ratified as theFederal Republic of Yugoslavia;SFR Yugoslavia had previously ratified on 10 September 1991)
Seychelles Seychelles5 May 1992 a
Sierra Leone Sierra Leone18 March 198525 April 2001
Slovakia Slovakia28 May 1993 d (previously ratified byCzechoslovakia on 7 July 1988)
Slovenia Slovenia16 July 1993 a
Somalia Somalia24 January 1990 a
South Africa South Africa29 January 199310 December 1998
South Sudan South Sudan30 April 2015 a
Spain Spain4 February 198521 October 1987
Sri Lanka Sri Lanka3 January 1994 a
Sudan Sudan4 June 198610 August 2021
Suriname Suriname16 November 2021 a
Eswatini Swaziland26 March 2004 a
Sweden Sweden4 February 19858 January 1986
Switzerland Switzerland4 February 19852 December 1986
Syria Syrian Arab Republic19 August 2004 a
Tajikistan Tajikistan11 January 1995 a
Thailand Thailand2 October 2007 a
North Macedonia North Macedonia12 December 1994 d
Timor-Leste Timor-Leste16 April 2003 a
Togo Togo25 March 198718 November 1987
Tunisia Tunisia26 August 198723 September 1988
Turkey Turkey25 January 19882 August 1988
Turkmenistan Turkmenistan25 June 1999 a
Tuvalu Tuvalu24 March 2024 a
Uganda Uganda3 November 1986 a
Ukraine Ukraine27 February 198624 February 1987 (ratified as theUkrainian SSR)
United Arab Emirates United Arab Emirates19 July 2012 a
United Kingdom United Kingdom of Great Britain and Northern Ireland15 March 19858 December 1988 (British Indian Ocean Territory not included[13])
United States United States of America18 April 198821 October 1994[1][14] (With specific reservations detailed here.)
Uruguay Uruguay4 February 198524 October 1986
Uzbekistan Uzbekistan28 September 1995 a
Vanuatu Vanuatu12 July 2011 a
Venezuela Venezuela (Bolivarian Republic of)15 February 198529 July 1991
Vietnam Viet Nam7 November 20135 February 2015
Yemen Yemen5 November 1991 a
Zambia Zambia7 October 1998 a

As of 17 November 2021, there are 173 States parties. 22 UN Member States are not yet party to the convention.

Optional Protocol

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Main article:Optional Protocol to the Convention Against Torture
  states parties
  states that signed, but have not ratified
  states that have not signed

The Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT), adopted by the General Assembly on 18 December 2002 and in force since 22 June 2006, provides for the establishment of "a system of regular visits undertaken by independent international and national bodies to places where people are deprived of their liberty, in order to prevent torture and other cruel, inhuman or degrading treatment or punishment,"[15] to be overseen by a Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

As of April 2022, the Protocol has 76 signatories and 91 parties.[16]

Committee Against Torture

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Main article:Committee Against Torture (UN)
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The Committee Against Torture (CAT) is a body of human rights experts that monitors implementation of the convention by State parties. The committee is one of eight UN-linked human rights treaty bodies. All state parties are obliged under the convention to submit regular reports to the CAT on how rights are being implemented. Upon ratifying the convention, states must submit a report within one year, after which they are obliged to report every four years. The Committee examines each report and addresses its concerns and recommendations to the State party in the form of "concluding observations". Under certain circumstances, the CAT may consider complaints or communications from individuals claiming that their rights under the Convention have been violated.

The CAT usually meets in April/May and November each year inGeneva. Members are elected to four-year terms by State parties and can be re-elected if nominated. The current membership of the CAT as of June 2023[update], whose terms expire on 31 December 2025, are:[17]

NameState
Abderrazak RouwaneMorocco
Ilvija PuceLatvia
Todd F. BuchwaldUnited States
Maeda NaokoJapan
Claude Heller (chairperson)Mexico
Erdogan Iscan (Rapporteur)Turkey
Bakhtiyar Tuzmukhamedov (Vice-chairperson)Russia
Ana Racu (Vice-chairperson)Moldova
Sébastien Touze (Vice-chairperson)France
Liu HuawenChina

Effects

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A 2021 study in theAmerican Journal of Political Science found that countries that adopt national laws that prohibit torture (defining it in line with the standards codified in the UN Convention against Torture) subsequently experience reductions in police torture.[18]

See also

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References

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  1. ^abcdefghUnited Nations Treaty Collection:Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Retrieved on 26 June 2018.
  2. ^General Assembly resolution 40/128 (13 December 1985),Status of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, A/RES/40/128, under 2.
  3. ^abConvention Against TortureArchived 9 November 2007 at theWayback Machine, Article 27. Retrieved on 30 December 2008.
  4. ^Convention Against TortureArchived 9 November 2007 at theWayback Machine, Article 25. Retrieved on 30 December 2008.
  5. ^Convention Against TortureArchived 9 November 2007 at theWayback Machine, Article 33. Retrieved on 30 December 2008.
  6. ^abcdef"CAT General Comment No. 2: Implementation of Article 2 by States Parties"(PDF). Committee Against Torture. 23 November 2007. p. 2. Retrieved16 June 2008.
  7. ^Ronli Sifris (4 December 2013).Reproductive Freedom, Torture and International Human Rights: Challenging the Masculinisation of Torture.Routledge. p. 145.
  8. ^ab"Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment".OHCHR. Retrieved16 March 2022.
  9. ^Convention Against TortureArchived 9 November 2007 at theWayback Machine, Article 3.1. Retrieved on 30 December 2008.
  10. ^"CAT General Comment No. 01: Implementation of article 3 of the Convention in the context of article 22". UN OHCHR. 21 November 1997. Retrieved13 September 2025.
  11. ^Nowak, Manfred; Birk, Moritz; Monina, Giuliana (14 November 2019).United Nations Convention Against Torture and its Optional Protocol: A Commentary. Oxford University Press.ISBN 978-0-19-884617-8.
  12. ^"Italy passes law making torture a crime, critics say full of holes".Reuters. 5 July 2017. Retrieved6 July 2017.
  13. ^Bashfield, Samuel (1 June 2022)."The BIOT: A judicial vacuum now consuming Tamil refugees". Al Jazeera. Retrieved10 June 2022.
  14. ^"Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment – Addendum to Initial reports of States parties due in 1995"(PDF).U.S. Department of State. Retrieved10 December 2018.
  15. ^OPCAT, Article 1.
  16. ^"9.b Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment".United Nations Treaty Collection. United Nations. Retrieved10 December 2018.
  17. ^"Committee Against Torture – Membership".Office of the United Nations High Commissioner for Human Rights. 2023. Retrieved12 June 2023.
  18. ^Berlin, Mark S. (2021)."Does Criminalizing Torture Deter Police Torture?".American Journal of Political Science.67 (4):932–947.doi:10.1111/ajps.12684.ISSN 1540-5907.S2CID 244550445.

Further reading

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  • Carey, Henry (Chip); Mitchell, Stacey M. (2023). "Legalization of Reform of Torture Laws and Practices: Compliant, Exceptionalist, and Hybrid Types".Legalization of International Law and Politics: Multi-Level Governance of Human Rights and Aggression. Springer International Publishing. pp. 95–125.ISBN 978-3-031-17169-7.

External links

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Decisions of the Committee Against Torture

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Sources
International courts
(in order of foundation)
International anti-crime bodies
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Declarations, manifestos, and resolutions
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