Chapter 3 • The Major Regional Human Rights Instruments and the Mechanisms for Their Implementation
police officers (art. 7), impartial investigations of alleged torture (art. 8), the duty to
establish jurisdiction over the crime of torture in certain cases (art. 12), and extradition
(arts. 13-14).
3.2.3 The implementation mechanism
Unlike the United Nations and European torture conventions, the
Inter-American Convention does not provide for any specific implementation
mechanism. However, under its article 17, “the States Parties shall inform the
Inter-American Commission on Human Rights of any legislative, judicial,
administrative, or other measures they adopt in application of this Convention”; it is
subsequently for the Commission to “endeavour in its annual report to analyze the
existing situation in the member States of the Organization of American States in
regard to the prevention and elimination of torture” (art. 17). Thus, the Convention
does not foresee any possibility for the Commission to make any on-the-spot
investigation in a country where it has reason to believe that torture is being practised.
However, the Commission may still be able to make such visits, with the agreement of
the State concerned, by invoking the general field of competence accorded to it under
the Charter of the OAS.
Under the Inter-American Convention to Prevent and Punish Torture,
the States parties must take effective measures to prevent and punish
torture within their jurisdiction.
As is confirmed by the Convention, the right not to be tortured is
non-derogable and no emergency situation of any kind can justify acts of
torture.
3.3 The Inter-American Convention on Forced
Disappearance of Persons, 1994
The Inter-American Convention on Forced Disappearance of Persons was
adopted by the General Assembly of the OAS in 1994 and entered into force on 28
March 1996. As of 9 April 2002 it had ten States parties.33 This Convention was
elaborated in response to the considerable wave of enforced or involuntary
disappearances that had occurred in many parts of the Americas in the 1970s and the
1980s in particular.
3.3.1 The scope of the Convention
As defined in the Convention, “forced disappearance is considered to be the
act of depriving a person or persons of his or their freedom, in whatever way,
perpetrated by agents of the state or by persons or groups of persons acting with the
authorization, support, or acquiescence of the state, followed by an absence of
information or a refusal to acknowledge that deprivation of freedom or to give
33 See http://www.oas.org/juridico/english/Sigs/a-60.html.
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