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- Cruel or inhuman (synonymous terms) treatment consists of acts which cause serious pain or suffering, whether physical or mental, or which constitute a serious outrage upon individual dignity. Unlike torture, these acts do not need to be committed for a specific purpose.
www.icrc.org/en/document/torture-and-other-forms-ill-treatment-definitions-used-icrcTorture and other forms of ill-treatment: The definitions ...
- Part I
- Part II
- Part III
Article 1
1. For the purposes 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 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 suffering is i...
Article 2
1. Each State Party shall take effective 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 justification of torture. 3. An order from a superior officer or a public authority may not be invoked as a justification 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, flagrant or mass violations of human rights.
Article 17
1. There shall be established a Committee against Torture (hereinafter referred to as the Committee) which shall carry out the functions hereinafter provided. The Committee shall consist of ten experts of high moral standing and recognized competence in the field of human rights, who shall serve in their personal capacity. The experts shall be elected by the States Parties, consideration being given to equitable geographical distribution and to the usefulness of the participation of some pers...
Article 18
1. The Committee shall elect its officers for a term of two years. They may be re-elected. 2. The Committee shall establish its own rules of procedure, but these rules shall provide, inter alia, that: (a) Six members shall constitute a quorum; (b) Decisions of the Committee shall be made by a majority vote of the members present. 3. The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under...
Article 19
1. The States Parties shall submit to the Committee, through the Secretary-General of the United Nations, reports on the measures they have taken to give effect to their undertakings under this Convention, within one year after the entry into force of the Convention for the State Party concerned. Thereafter the States Parties shall submit supplementary reports every four years on any new measures taken and such other reports as the Committee may request. 2. The Secretary-General of the United...
Article 27
1. This Convention shall enter into force on the thirtieth day after the date of the deposit with the Secretary-General of the United Nations of the twentieth instrument of ratification or accession. 2. For each State ratifying this Convention or acceding to it after the deposit of the twentieth instrument of ratification or accession, the Convention shall enter into force onthe thirtieth day after the date of the deposit of its own instrument of ratification or accession.
Article 28
1. Each State may, at the time of signature or ratification of this Convention or accession thereto, declare that it does not recognize the competence of the Committee provided for in article 20. 2. Any State Party having made a reservation in accordance with paragraph I of this article may, at any time, withdraw this reservation by notification to the Secretary-General of the United Nations.
Article 29
1 . Any State Party to this Convention may propose an amendment and file it with the Secretary-General of the United Nations. The SecretaryGeneral shall thereupon communicate the proposed amendment to the States Parties with a request that they notify him whether they favour a conference of States Parties for the purpose of considering an d voting upon the proposal. In the event that within four months from the date of such communication at least one third of the States Parties favours such a...
The prohibition of torture and cruel, inhuman or degrading treatment or punishment is to be found in general human rights treaties, [16] as well as in specific treaties that seek to prevent and punish these practices. [17] This prohibition is non-derogable under these instruments.
Definition of torture and other forms of ill-treatment. Under international humanitarian law (IHL) and international human rights law (IHRL), the definition of torture comprises three main aspects: Any act by which severe pain or suffering, whether physical or mental, is inflicted on a person; The act must be intentionally inflicted;
What is ill-treatment? What’s the difference? Torture is defined in the UN Convention against Torture as the intentional infliction of severe physical or mental pain or suffering for purposes such as obtaining information or a confession, or punishing, intimidating or coercing someone.
In Ireland v. The United Kingdom (Application No. 5310/71, Judgement of 18 January 1978) the European Court gave an early definition of torture and ill-treatment: Torture: deliberate inhuman treatment causing very serious and cruel suffering. Inhuman treatment and punishment: the infliction of intense physical and mental suffering.
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Apr 7, 2011 · This chapter analyses the terms of the basic formula: torture, cruel, inhuman or degrading treatment or punishment, as stated in Article 5 of the Universal Declaration of Human Rights. It seeks to identify the factors involved in determining whether particular acts amount to torture or other ill-treatment.
