Adopted by the general assembly of the united nations on 10 december 1984 85 no. The convention against torture is the most comprehensive international treaty dealing with torture. Human rights watch s 2011 report getting away with torture details the numerous times us courts found that waterboarding, or variations of it, constitutes torture and is a war crime. Desiring to make more effective the struggle against torture and other cruel, inhuman or degrading treatment or punishment throughout the world, have agreed as follows. This means that an applicant for relief must demonstrate that it is more likely than not that he or she would be tortured if removed to the country to which withholding of removal or deferral of removal is sought. The united nations charter is the only primary international law for the adjudication of the united nations convention against torture. Regulations concerning the convention against torture. 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. Having set out the kinds of practices that are generally accorded the sobriquet torture, she then contrasts this with examples of systemic violence. Conventions against torture and other cruel, inhuman, and.
The prohibition on torture and other forms of illtreatment is enshrined in article 3 of the european convention, which simply states. The united nations committee against torture is responsible for monitoring the compliance of states with their duties under the convention against torture and other cruel, inhuman or degrading treatment or punishment henceforth referred to as the convention. Acceptance of the convention against torture 600 b. The united kingdoms previous reports under the convention were submitted in march 1991, february 1995, and april 1998, and officials from the. Adopted by the general assembly of the united nations on 10 decem ber 1984 authentic texts. Italy before the european court of human rights, the uk as a third intervening party argued that the security risk posed by an individuals. How to apply for convention against torture protection nolo. English francais espanol select a country or regional site. Convention against torture and other cruel, inhuman or degrading treatment or punishment hereinafter referred to. Implementation of the convention against torture by israel. The convention was established to make more effective the struggle against torture and other cruel, inhuman, or degrading treatment throughout the world. The convention against torture and other cruel, inhuman or.
An aliens eligibility for deferral of removal under the convention against torture cannot be established by stringing together a series of suppositions to show that it is more likely. The convention entered into force on 26 june 1987 after it had been ratified by 20 states. How effective is the united nations committee against torture. The convention was adopted by the general assembly of the united nations on 10. The convention defines torture as any setting where state officials may be involved in inflicting severe pain or suffering, whether physical or mental on an individual. The main objective of the convention is to lay down obligations on states parties to establish and exercise jurisdiction over the. The convention for the prevention of torture is a special type of human rights treaty since its main focus lies on prevention. How to apply for convention against torture protection by dagmar r. This is when the history of torture and terrorism begins. This draft optional protocol was proposed by the international commission of jurists and the swiss committee against torture. 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.
Arabic, chinese, english, french, russian and spanish. The interamerican convention to prevent and punish torture iacppt is an international human rights instrument, created in 1985 within the western hemisphere organization of american states and intended to prevent torture and other similar activities. The intent to torture under international and domestic law oona a. But the universal jurisdiction approach is upheld in the convention as a.
The united nations convention against torture uncat is the only legally binding convention at the universal level concerned exclusively with the eradication of torture. The european convention for the prevention of torture and. Cases that cite to the convention against torture in. Torture cases in the santiago appeals, the constitutional and chilean supreme courts. Torture in international law, a guide to jurisprudence jointly published in 2008 by the association for the prevention of torture apt and the center for justice and international law cejil.
United nations convention against torture report on the united states compliance submission by the human rights campaign to the united nations committee against torture members of sexual minorities are disproportionately subjected to torture and other forms of illtreatment because they fail to conform to socially constructed gender. Convention on the rights of people with disabilities. In re jf f, respondent decided by attorney general may 1, 2006. Convention on torture and the prospects for enforcement. The united states and the torture convention, part ii. The commission on human rights began its work on this subject at its session in februarymarch 1978. Furthermore, article 103 of the charter states that obligations to the united nations prevail over all other treaty obligations. Convention against torture spanish translation linguee. Nov 19, 2014 last week in its appearance before the committee against torture, the united states changed and clarified two important legal positions regarding the scope of the convention against torture cat. Department of justice office of the attorney general. In my prior post, i addressed the obama administrations significant change of position regarding extraterritoriality. 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.
Conventions against torture and other cruel, inhuman, and degrading treatmenttorture is an evil that cannot and will not be tolerated in our times. Prohibition and punishment of torture and other forms of illtreatment there is an absolute ban on torture and other cruel, inhuman or degrading treatment and outrages upon personal dignityunder international humanitarian law ihl and international human rights law ihrl. Interamerican convention to prevent and punish torture. 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. At its core, torture is the infliction of severe pain and suffering on individuals who are in the hands of their offenders. Convention in accordance with the committees concluding observations and views adopted on individual communications. A practical guide to the istanbul protocol for lawyers. Crpd and the council of europe convention on preventing and combating violence against women and domestic violence the istanbul convention also impact on irelands compliance with its obligations under the convention against torture and other cruel, inhuman or degrading treatment or punishment the convention or uncat. The united nations convention against torture a commentary manfred nowak and elizabeth mcarthur oxford commentaries on international law. It is commonly known as united nations convention against torture uncat. Here, i explore the administrations second significant shift in. Articles 2 and 3 of the european convention on human rights echr, which the uk has incorporated in the human rights act 1998 hra, also require state parties to carry out an effective investigation into any death for which. Article 3 prohibition of torture no one shall be subjected to torture or to inhuman or degrading treatment or punishment. Offers thorough articlebyarticle commentary with historical context and analysis of relevant caselaw from monitoring bodies, and international, regional, and domestic courts.
American convention to prevent and punish torture 56 b. The committee against torture requires that states use, as a minimum, the definition of torture included in article 1 of the convention. The convention against torture and other convention. The standard for demonstrating eligibility for relief under the convention against torture is more likely than not.
Womens advocates may use the convention against torture and other cruel, inhuman or degrading treatment or punishment to promote womens rights. For the purposes of this convention, torture means any act by which severe pain or suffering, whether. A working group was set up to deal with this item, and the main. Extraordinary rendition and the torture convention. While the authors conclusions on these points are valid, the torture convention balances these approaches in a way that admits the possibility of the practice of the extradition approach if the state which has the suspect in its custody is not interested in prosecution. Torture has been used throughout history for different purposes such as to gather information, as a punishment and as a form of intimidation or coercion, see p. If the measures adopted by the state party fail to accomplish the purpose of eradicating acts of torture, the convention requires that they be revised andor that new, more effective measures be adopted. An operational guide for national human rights institutions is a joint publication of the office of the united nations high commissioner for human rights ohchr, the association for the prevention of torture apt and the asia pacific forum of national human rights institutions apf. The european convention for the prevention of torture and inhuman or degrading treatment or punishment konrad ginther introduction the european convention for the prevention of torture and inhuman or degradin g treatment or punishment the convention adds a new approach to the promotion and protection of.
Rape, torture and the european convention on human rights 587 signi. Pdf this publication has been produced with the financial assistance of the eu. Article 3 must be read together with article 15 of the european convention. Convention against torture and other cruel inhuman or degrading treatment or punishment general assembly resolution 3946 of 10 december 1984 the states parties to this convention, considering that, in accordance with the principles proclaimed in the charter of the united nations, recognition of the equal and. Vi united nationstreaty series nations uniesrecueil des traits 1987 page no. Adopted by the general assembly of the united nations on 10 decem. The draft european convention against torture introduction on september 28, 1983, the parliamentary assembly of the council of europe unanimously voted recommendation 971 1983 inviting the committee of ministers to adopt the draft european convention on the protection of detainees from tor.
Since the end of world war ii, international human rights treaties both global and regional that protect the individual against acts of torture committed by state authorities have come into being. Cat is codified in article 3 of the united nations convention against torture and other cruel, inhuman, or degrading treatment or punishment. The united nations convention against torture and other cruel. The convention establishes the committee against torture, which consists of 10 independent experts who are members of states party to the convention. 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. Extraordinary rendition violates the convention against torture and the federal torture statute 599 a. When the united states ratified the convention against torture and other cruel, inhuman or degrading treatment or punishment, it. 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. European convention for the prevention of torture and inhuman or degrading treatment or punishment official text.
Many translated example sentences containing convention against torture spanishenglish dictionary and search engine for spanish translations. Article 1 of the convention has more information on the definition of torture. The definitions in this subsection incorporate the definition of torture contained in article 1 of the convention against torture, subject to the reservations, understandings, declarations, and provisos contained in the united states senate resolution of ratification of the convention. The united nations convention against torture and other cruel, inhuman or degrading treatment or punishment convention against torture was adopted in 1984 and entered into force in 1987. In addition, the state is obliged to prevent other forms of cruel, inhuman or degrading. Ahcene boulesbaa this book assesses the suitability of the u. The drafting history of article 2 of the convention against. Optional protocol to the convention against torture pdf. Convention against torture houston immigration lawyers law. The main objective of the convention is to lay down obligations on states parties to establish and exercise jurisdiction over the crime of torture. A person who at the instigation of a public servant or employee mentioned in subparagraph a orders, instigates or induces the use of torture, directly commits it or is an accomplice thereto. Convention against torture and other cruel, inhuman or. Convention against torture1 on 22 october 1986 and deposited its instrument of ratification on 3 october 1991. An optional protocol to the torture convention was adopted by the general assembly of the united nations on 18.
As a charter, it is a constituent treaty, and all members are bound by its articles. The convention against torture, otherwise referred to as cat, is a special form of protection given to individuals who cannot return to their country because he or she would be in danger of torture. Nations convention against torture and other cruel, inhuman, or degrading treatment or punishment convention against torture or convention. Duty of states parties to the convention against torture. Burden of proof for relief under the convention against torture. The united nations convention against torture and other.
For copies of this publication and further information, please contact. Convention against torture and other cruel, inhuman or degrading treatment or punishment. While many countries practice torture against political prisoners, only some name their dissidents terrorists or face potential threats from terrorism. 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 informa 1 came into force on 26 june 1987, i. December 1984 resolution 3946 and entered into force on 26. Pdf rape, torture and the european convention on human rights.
1295 1207 1257 677 340 274 1555 1142 456 540 997 1392 545 102 1149 118 594 1111 520 656 936 1241 1333 1407 112 827 700 152 375 1577 791 585 548 463 1050 782 685 668 41 699