Chapter 2 • The Major Universal Human Rights Instruments and the Mechanisms for Their Implementation
The Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment makes it clear that “an order from a superior officer or a
public authority may not be invoked as a justification of torture” (art. 2(3)). In other
words, the principle of individual responsibility for acts of torture is clearly established.
2.6.2 The legal scope of the Convention
The following provisions of the Convention detail the responsibilities of the
States parties to prevent, punish, and remedy acts of torture. However, only some of
the legal obligations will be outlined here, and in general terms:
v “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” – art. 3(1);
v “each State Party shall ensure that all acts of torture are offences under its criminal
law” and the same shall apply to attempts to commit torture and acts that constitute
“complicity or participation in torture”. It shall, moreover, “make these offences
punishable by appropriate penalties which take into account their grave nature” –
art. 4(1) and (2);
v the States parties shall take the measures necessary to exercise their jurisdiction over
the preceding offences and to submit the person alleged to have committed acts
contrary to article 4 of the Convention to the “competent authorities for the
purpose of prosecution” (arts. 5-7) and they shall moreover “afford one another the
greatest measure of assistance in connection with criminal proceedings brought” in
respect of any of these offences -art. 9;
v “the offences referred to in article 4 shall be deemed to be included as extraditable
offences in any extradition treaty existing between States Parties”, which also
“undertake to include such offences as extraditable offences in every extradition
treaty to be concluded between them” – art. 8;
v the States parties shall further “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” – art. 10(1);
v for purposes of prevention of torture, the States parties “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
deprivation of liberty – art. 11;
v “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 committed ... ” – art. 12;
v each State party shall further ensure that any alleged victim of torture “has the right
to complain to, and to have his case promptly and impartially examined by, its
competent authorities” – art. 13;
v “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” – art. 14;
Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers
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