Convention Against Torture

Preface
Adopted by General Assembly Resolution 39/46 on 10
December 1984, and came into effect on 26 June 1987,
upon receiving twenty ratifications. (India signed in
1997 but not ratified.)
The Convention contains a Preamble and 33 Articles.
The Convention has one Optional Protocol adopted
in 2002 regarding an inspection system for places
of detention. India has not ratified the optional
protocol.
Preamble
UN Charter recognises importance of inherent
dignity and equal and inalienable rights of all
members of human family
UDHR lays down the importance of equal and
inalienable rights of all
Importance laid on Universal respect for human
rights and fundamental freedoms
Make more effective the struggle against
torture, and other cruel, inhuman or degrading
treatment or punishment
An Overview
Part I- Articles 1 to 16
Part II- Articles 17 to 24
Part III- Articles 25 to 33
Part I deals with state obligations towards measures
to prevent acts of torture etc.
Part II deals with monitoring and implementation
mechanism in the form of Committee against torture
Part III deals with miscellaneous provisions,
particularly Article 31 which talks about denunciation
from the present Convention.
Torture Defined
According to Article 1 of the Convention, torture means:
Any act by which severe pain or suffering,
Mental or physical, is intentionally inflicted,
On a person for purposes of-
Obtaining from him or third person, information or a confession,
Punishing him for an act that he or a third person has committed or
suspected to have committed,
Or for any reason based on discrimination of any kind;
When such pain is inflicted by or at instigation or consent or
acquiescence of-
A public official or other person acting in an official capacity.
It does not include pain or suffering under lawful sanctions.
Salient Provisions
Article 2- State parties to take effective steps to prevent acts
of torture in their territory
Article 3- No refoulment or extradition of a person in danger
of being subjected to torture
Article 4- State parties to make torture a criminal offence
Article 5- States to exercise universal jurisdiction in such
cases
Article 6 and Article 7 - States to make provisions for custody
and preliminary inquiry and for prosecution
Article 8- Offences under this Convention are extraditable
and Extradition in such cases is an important measure
Article 9- States to offer greatest measure of assistance
Salient Provisions
Article 10- Government must take steps to educate law
enforcement agencies and personnel regarding this Convention
Article 11- Systematic review of instructions, interrogation rules,
methods and practices etc.
Article 12- Procedure for prompt and impartial inquiry
Article 13- Provision for complaint and examination
Article 14- Victims to have redressal and compensation
Article 15- Confessions obtained under torture to be
inadmissible as evidence
Article 16- These provisions for torture equally apply to other
forms of cruel , degrading treatment or punishment
(D.K. Basu v. State of West Bengal, 1996 (SC)
Committee Against Torture (Articles 17 and
18)
Membership- Ten experts of high moral standing
and recognised competence in the field of human
rights
Term- Four Years
Election- Secret Ballot, equitable geographical
distribution, largest number of votes and absolute
majority of votes of representatives of States, present
and voting
Monitoring and Implementation
Article 19 - Reporting Procedure- National Reports on
measures adopted, indicate factors and difficulties to the
Committee, through Secretary General.(Every four years)
Article 20- Confidential Inquiry against State,
however, Article 28 provides exemption to states to
declare that they do not accept competence of committee
under this provision
Article 21- Inter-State Communication and
Conciliation Commission
Article 22- Individual Complaint Mechanism
THANK YOU