States parties are required to report to the united nations on measures they have taken to give effect to the convention. Reaffirming that torture and other cruel, inhuman or degrading treatment or punishment are prohibited and constitute serious violations of human rights, convinced that further measures are necessary to achieve the purposes of the convention against torture and other cruel, inhuman or degrading. Against torture and other cruel, inhuman or degrading treatment or punishment convention adopted by the united nations general assembly at new york on december 10, 1984. The united nations convention against torture and other cruel, inhuman. The prohibition of torture is also a fundamental element of international humanitarian and criminal law. Treatment or punishment cat, apply exclusively to states. Convention against torture and other cruel, inhuman or degrading treatment or punishment, g. Desiring to make more effective the struggle against torture and other cruel, inhuman or. The united nations convention against torture and other cruel, inhuman or. Regulations concerning the convention against torture. Nations convention against torture and other cruel, inhuman or degrading treatment or punishment of 10 december 1984 hereinafter the 1984 convention. The convention against torture and other cruel, inhuman or.
I hereinafter cited as draft convention against torture. Human rights against torture and other cruel, inhuman or. Convention against torture and other curel, inhuman or degrading treatemnt or punishment cat follow up submission to the committee against torture concerning the fifth report of the hong kong special administrative region of the peoples republic of china the sounds of the silenced 2 executive summary. The convention against torture the purpose of the convention is to prevent and eradicate the use of torture and other cruel, inhuman or degrading treatment or punishment and to ensure accountability for acts of torture. Adopted under the auspices of the united nations in 1984 and entered into force in 1987, the convention currently has 151 states parties who are required to take effective measures to prevent torture and hold accountable those who engage in torture. The convention against torture and other cruel, inhuman or degrading treatment or punishment was adopted by the united general assembly on december 10, 1984. There are currently 165 states parties to the convention and a further six signatories see page 2.
In individual cases, account has been taken of current developments up until. Start studying convention against torture and other cruel, inhumane and degrading treatment or punishment cat 1984. The torture convention the convention against torture and other cruel, inhuman or degrading treatment or punishment the torture convention was adopted by the general assembly of the united nations on 10 december 1984 resolution 3946. Torture and other cruel, inhuman or degrading treatment or punishment. The convention entered into force for switzerland on 26 june 1987. Cat 55th session 27 july 2015 14 august 2015 10 december 2014 30th anniversary of the convention against torture, 1984 2014 webcast. Convention against torture and other cruel, inhuman or degrading. The convention entered into force on 26 june 1987 after it had been ratified by 20 states. Duty of states parties to the convention against torture to. The convention against torture and other convention. Article 3 of the 1984 convention against torture and other cruel, inhuman or degrading treatment or punishment79 provides. At its last session, held between 30 january and 16 february 1984, it adopted all articles of the draft convention, except two. Pdf at the world conference on human rights in june 1993 the vienna.
Convention against torture and other cruel inhuman or degrading treatment or punishment and its optional protocol introduction the general assembly of the united nations adopted the convention against torture and other cruel inhuman or degrading treatment or punishment on 10 december 1984. Since opening for signature in december 1984, over 140 states, including the united. Adopted by the general assembly of the united nations on 10 decem ber 1984 authentic texts. On 2 december 1986, switzerland ratified the convention against torture and other cruel, inhuman or degrading treatment or punishment. A few months later, the united nations general assembly re quested the commission on human rights to draw up a draft convention against torture. In the war on terror, much controversy has emerged over the use of torture. The convention against torture and other cruel, inhuman or degrading. Assembly on 10 december 1984 and entered into force generally on. Pdf the united nations convention against torture and other. Torture is considered a crime against humanity and is prohibited in an extensive range of human rights convention as according to the article 5 of the universal declaration of human rights 1948 declares that no one should be subjected to torture or to cruel, inhuman or degrading treatment of punishment. 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. Committee against torture find reports, general comments, jurisprudence, etc. Convention against torture and other cruel, inhuman or degrading treatment or punishment. Defining torture and cruel, inhuman, and degrading treatment.
The third geneva convention protects prisoners of war against torture, but there are at least two ways around this convention. Unhcr convention against torture and other cruel, inhuman. A first draft of a convention was prepared in may 1977 by about 20 experts from various countries working together pri vately. It goes without saying that the need for protection against torture led to torture having its own multilateral treaty. Arabic, chinese, english, french, russian and spanish. Convention against torture and other cruel, inhuman or degrading treatment or punishment adopted and opened for signature, ratification and accession by general assembly resolution 3946 of 10 december 1984 entry into force 26 june 1987, in accordance with article 27 1 the states parties to this convention. Convention against torture and other cruel, inhuman or degrading treatment or punishment 1984. The committee against torture requires that states use, as a minimum, the definition of torture included in article 1 of the convention. The united nations convention against torture and other. Sep 09, 2002 obligations under the convention against torture have been in effect for the united states since november 20, 1994. In view of the urgency and escalation of the matter, we therefore invite the consideration of the issues of hkpf use of excessive force against protestors and. The convention defines torture and specifies that states parties must prohibit torture in all circumstances. Article 1 of the convention includes intent as one of several defining elements of torture.
Reprisals against protected persons and their property are prohibited. Similarly, the 1984 convention against torture and other cruel, inhuman or degrading treatment or punishment insists that no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political. Overview and application to interrogation techniques overview of the convention against torture. Whereas in august 2005 apas council of representatives approved the motion to acknowledge principle 2. Cat is an international human rights treaty adopted in 1984. A3951 1984 hereinafter convention or convention against torture. Assembly resolution 3946 of 10 december 1984 entry into force 26. The convention against torture and other convention against. United nations convention against torture wikipedia. The united nations convention against torture and other cruel. A state party to this convention may at any time declare under this article.
One hundred and thirty states were party to the convention by august 2002. Article 7 paragraph 1, of the 1984 convention provides. The united nations convention against torture and other cruel, inhuman, or degrading treatment or punishment cat or the convention, requires countries that signon, to condemn and prohibit torture. The convention against torture and other cruel, inhuman or degrading treatment or punishment the torture convention was adopted by the general assembly of the united nations on 10 december 1984 resolution 3946. There are currently 165 states parties to the convention. Convention against torture and other cruel inhuman or degrading. Transmitted by the president of the united states of america to the senate may 23, 1988 treaty doc. Convention against torture, and optional protocol to the convention. The torture convention the convention against torture and other cruel, inhuman or degrading treatment or punishment the torture convention was adopted by the general assembly of the united. The state party in the territory under whose jurisdiction a person alleged to.
Convention against torture and other cruel inhuman or. Prohibition and punishment of torture international committee of. Any dispute between two or more states parties concerning the interpretation or application of this convention which cannot be settled through negotiation shall, at the request of one of them, be submitted to arbitration. Refworld convention against torture and other cruel. Fifth periodic report of the federal republic of germany. The united nations convention against torture and other cruel, inhuman or degrading treatment or punishment uncat 6. Rights, draft convention against torture and other cruel, inhuman or degrading treatment or punishment, u. On 10 december 1984 the general assembly of the united nations adopted an. Convention on the rights of the child, articles 37.
Jul 20, 2012 1984 united nations convention against torture1, has asserted the need to take immediately measures to comply with the duty of prosecution under that convention2, and has rightly acknowledged that the absolute prohibition of torture is one of jus cogens3. Torture and other cruel, inhuman or degrading treatment or punishment, in a joint statement dated 12 september 2019. The commentary written by nowak and mcarthur is a highquality contribution to the subject. Over the past several decades, multiple international agreements and declarations have condemned andor sought to prohibit the practice of torture by public officials, 1 leading many to conclude that torture is now prohibited under customary international law.
Cameroons compliance with the convention against torture and. For the purposes of this convention, the term torture means any act by which severe pain or su. The case, questions concerning the obligation to prosecute or extradite belgium v. Torture is recognised as both a war crime and a crime against humanity. For the purpose of this convention, the term torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person. The convention against torture and other cruel, inhuman or degrading treatment or punishment the convention set up a comprehensive scheme with the aim ultimately to end torture around the world through a broad range of measures including prohibitions in criminal law, strong principles of criminal responsibility, the elimination of certain defences, regulations for security forces. Convention against torture and other cruel, inhuman or. Convention against torture and other cruel, inhumane and. An analysis of the 1984 draft convention against torture.
Convention against torture and other curel, inhuman or. The convention against torture and other cruel, inhuman or degrading treatment or. Convention against torture and other cruel, inhuman or degrading treatment or punishment, adopted 10 december 1984, g. Pdf torture, inhuman and degrading treatment under. Pdf implementation of convention against torture in india. The convention against torture and other cruel, inhuman or degrading treatment or punishment, adopted by unanimous agreement of the united nations general assembly on december 10, 1984, and signed by the united states on april 18, 1988.
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