Convention Against Torture
Convention Against Torture
Convention Against Torture
CONVENTION
AGAINST TORTURE
ARTICLE 1
1. For the purposes of this Convention, the term "torture"
means any act by which severe pain or suff ering,
whether physical or mental, is intentionally infl icted
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 suff ering is infl icted by or at the
instigation of or with the consent or acquiescence of a
public offi cial or other person acting in an offi cial
capacity. It does not include pain or suff ering arising
only from, inherent in or incidental to lawful sanctions.
ARTICLE 2
1. Each State Party shall take eff ective 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
instability or any other public emergency, may be
invoked as a justifi cation of torture.
3. An order from a superior offi cer or a public authority
may not be invoked as a justifi cation 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, fl agrant
or mass violations of human rights.
ARTICLE 4
1. Each State Party shall ensure that all acts of torture
are off ences under its criminal law. The same shall
apply to an attempt to commit torture and to an act
by any person which constitutes complicity or
participation in torture.
2. Each State Party shall make these off ences
punishable by appropriate penalties which take into
account their grave nature.
ARTICLE 5
1. Each State Party shall take such measures as may
be necessary to establish its jurisdiction over the
off ences referred to in article 4 in the following
cases:
a) When the off ences are committed in any territory under
its jurisdiction or on board a ship or aircraft registered in
that State;
b) When the alleged off ender is a national of that State;
c) When the victim is a national of that State if that State
considers it appropriate.