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

 

Article 9

1. States Parties shall afford one another the greatest measure of
assistance in connection with civil 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 1 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
persons.

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 committee 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 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 dependents shall be entitled to compensation.

2. Nothing in this article shall affect any right of the victim or other
person 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 1, 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 or
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
prohibit cruel, inhuman or degrading treatment or punishment or which
relate 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 10 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 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 least 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.

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.

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 State Parties shall be responsible for expenses incurred in
connection with the holding of meetings of the States Parties and of the
Committee, including reimbursement of the United Nations for any expenses,
such as the cost of staff and facilities, incurred by the United Nations
pursuant to paragraph 3 above.

 

Author: international

Mentioned in these Entries

Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Education, Treaties.