cat (convention against torture)

Convention Against Torture

(CAT)

Hafiz DabeerBBAE2013005


“United Nations Convention against Torture is an international human rights treaty, under the review of the United Nations, that aims to prevent torture and other acts of cruel, inhuman, or degrading treatment or punishment around the world”.


Adopted December 9, 1975 Drafted 10 December 1984 Signed 10 December 1984 Location New York Effective 26 June 1987 Condition 20 ratifications Signatories 81 Parties 158 Depositary UN Secretary-General

Languages Arabic, Chinese, English, French, Russian and Spanish

The Committee Against Torture

Monitors and review actions taken by states to fulfill their duties.

There are four procedures that the Committee uses to review actions by States:o States have to submit periodic reports to the Committeeo If there is suspicion that a State is practicing torture the

Committee can initiate a confidential inquiry.o The Committee can also hear complaints from individuals

who claim to be victims of a violation by a State party.o State to State complaints can be provided

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Key Provisions: Role of States

States are obligated to prevent torture as defined by the Convention and other acts that are deemed cruel and inhumane.

States have to take effective legislative, administrative judicial or other measures to prevent torture from occurring in their territories.

States are obligated not to expel, return, or extradite an individual to another State where torture is practiced.

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Parts of the CAT

Part I Includes state party obligations. (Articles 1-16)

Part II. Establishes the Committee Against Torture and its operating procedures. (Articles 17-24)

Part III. Describes ratification of, withdrawal from and disputes under the CAT. (Articles 25-33)

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Significant Articles

Of the 33 Articles of the CAT, the following are most relevant to this presentation:

Article 1: Defines torture.

Article 2: Limits exceptions to application.

Article 3: The Principle of non-refoulement (no return).

Article 6-9: Principle of due process for the accused.

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Significant Articles (cont.)

Article 10: Education & training regarding the prohibition against torture.

Article 13-14, 16: The right of due process to a person alleging torture.

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CORE PRINCIPLES OF CAT

Defines Torture:

“Torture is any intentional infliction of severe physical or mental pain that may be by or with the consent of state authorities for a specific purpose.”

(Article 1)


For the purposes of this Convention, the term "torture" means an act must be specifically intended to inflict severe physical or mental pain or suffering and that mental pain or suffering refers to prolonged mental harm caused by or resulting from:

(1) the intentional infliction or threatened infliction of severe physical pain or suffering;

(2) the administration or application, or threatened administration or application, of mind-altering substances or other procedures calculated to disrupt profoundly the senses or the personality;

(Article 1 cont.)


(3) the threat of imminent death; (4) the threat that another person will imminently be subjected

to death, severe physical pain or suffering, or the administration or application of mind-altering substances or other procedures calculated to disrupt profoundly the senses or the personality.

It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.

(Article 1 cont.)


Limits exceptions to application: Each State Party shall take effective legislative,

administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.

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 justification of torture.

(Article 2)


An order from a superior officer or a public authority may not be invoked as a justification of torture.

(Article 2 cont.)


The Principle of non-refoulement (no return): 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.

(Article 3)


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, flagrant or mass violations of human rights.

(Article 3 cont.)


Principle of due process for the accused:

The accused shall be taken into custody and shall be assisted in communicating immediately with the nearest appropriate representative of his or her national state.

(Article 6-9)


Detention and preliminary inquiry in cases of extradition: Ordinarily, the apprehension and detention of a

suspected torturer for purposes of extradition requires issuance of an arrest warrant by a federal district court judge or magistrate judge. In exigent circumstances (e.g., when a suspect is identified trying to enter or leave the country at a port of entry) an arrest may be made without a warrant and the suspect detained in accordance with normal procedure.

(Article 6)


Extradite or prosecute: The State Party in the territory under whose

jurisdiction a person alleged to have committed any offence referred to in article 4 is found shall in the cases contemplated in article 5, if it does not extradite him, submit the case to its competent authorities for the purpose of prosecution.

(Article 7


Extraditable offences: The offences referred to in article 4 shall be

deemed to be included as extraditable offences in any extradition treaty existing between States Parties. States Parties undertake to include such offences as extraditable offences in every extradition treaty to be concluded between them.

(Article 8)


If a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, it may consider this Convention as the legal basis for extradition in respect of such offences. Extradition shall be subject to the other conditions provided by the law of the requested State.

(Article 8 cont.)


Mutual legal assistance: States Parties shall afford one another the greatest measure of

assistance in connection with criminal 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.

States Parties shall carry out their obligations under paragraph I of this article in conformity with any treaties on mutual judicial assistance that may exist between them.

(Article 9)


Education regarding the prohibition against torture: 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.

(Article 10)


Each State Party shall include this prohibition in the rules or instructions issued in regard to the duties and functions of any such person.

(Article 10 cont.)


The right of due process to a person alleging torture:

(Article 13-14, 16)


Right to complain: 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 by, 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 13)


Private right of redress and/or compensation: 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.

Nothing in this article shall affect any right of the victim or other persons to compensation which may exist under national law.

(Article 14)


Other cruel, inhuman or degrading treatment or punishment: 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 I, 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 of references to other forms of cruel, inhuman or degrading treatment or punishment.

(Article 16)


The provisions of this Convention are without prejudice to the provisions of any other international instrument or national law which prohibits cruel, inhuman or degrading treatment or punishment or which relates to extradition or expulsion.

(Article 16 cont.)

Conclusion

“The State party should adopt clear legal provisions to implement the principle of absolute prohibition of torture in its domestic law without any possible derogation.”

The CAT is a useful tool in limiting the use of torture for any purposes anywhere in the world. It has significant flaws and does not yet have the assent of all states; however, it codifies a growing belief that state-sponsored torture is not to be tolerated in international law.

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cat (convention against torture)

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