Overview of the treaty

UN Convention against Torture: an overview

Background

The use of torture and other ill-treatment remains an alarmingly persistent global issue. Torture is often wrongly considered a necessary means to extract confessions or gather information, and instrumentalised to intimidate communities and suppress dissent.

The serious negative consequences of torture are incontrovertible: torture leads to false confessions and unreliable testimony, spreads distrust in public institutions, and causes long-term physical and psychological pain and suffering not just for those directly targeted, but also for their families and communities, requiring deep healing and reconciliation.

Definition of torture

Definition of torture

‘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 inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.’

United Nations Convention against Torture, Article 1.

Key elements of torture:

– Severe pain or suffering;
– Intentionally inflicted;
– For a particular purpose;
– By, at the instigation of, or with consent and acquiescence of a public official or others acting in an official capacity.

What about other cruel, inhuman or degrading treatment or punishment?

There is no internationally agreed definition for “other ill-treatment”, and it is not defined under UNCAT. All forms of torture and other cruel and inhuman treatment or punishment require the infliction of severe pain or suffering. The key criteria to distinguish ‘other ill-treatment’ from torture includes the following:

– Not intentionally inflicted;
– For no prohibited purpose;
– Pain or suffering is not necessarily as severe (e.g. in cases of ‘degrading’ treatment or punishment).

See the report of the former Special Rapporteur on Torture, Manfred Nowak, A/HRC/13/39, para. 60.

Torture in international law: a universal ban

Torture in international law: a universal ban

Seeing torture as a dehumanizing act that causes great suffering, the international community has consistently condemned its use. Its prohibition was first documented unanimously in the Universal Declaration of Human Rights (UDHR), which was adopted by the UN General Assembly in 1948:

“No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”

Universal Declaration of Human Rights: Article 5

This prohibition has since been enshrined in several binding international treaties in addition to UNCAT, such as:

– the International Covenant on Civil and Political Rights (Article 7)
– the Convention on the Rights of the Child (Article 37)
– the Convention on the Rights of Persons with Disabilities (Article 15)
– International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (Article 10)
– the Rome Statute of the International Criminal Court (Articles 7 & 8)
– the 1949 Geneva Conventions (Common Article 3).

It is also explicitly recognised in all the regional human rights treaties, namely:

– the European Convention on Human Rights (Article 3)
– the African Charter on Human and Peoples’ Rights (Article 5)
– the Convention on the Rights of the Child (Article 37)
– the American Convention on Human Rights (Article 5(2)).

The prohibition of torture is also:

Absolute: no exceptions in normal circumstances
Non-derogable: no exceptions even in times of war and national emergencies
No anmesties or statutes of limitations are allowed
– A jus cogens norm of international law, meaning it is accepted by the international community as binding on all States.

“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(3), UN Convention against Torture (UNCAT)

The practice of torture is a stark indicator of a distressed State, and interferes with economic and social progress.

About the Convention

Adopted in 1984, the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) is the key international human rights treaty dedicated to eradicating torture worldwide. It contains five binding obligations for States, which are summarised here:

1

Prohibition

States are obligated to criminalise torture under their national laws. Evidence gained through torture, such as statements or confessions, is to be excluded from all proceedings. The criminalisation of torture includes the obligation not to expel, refoul or extradite any person to where they may risk torture.

2

Prevention

States must put in place measures to prevent torture through through laws, training, and oversight, including the systematic review of interrogation rules, custody and detention procedures and institutions; as well as applying the principle of 'non-refoulement', the obligation not to deport any person to where they may be at risk of torture.

3

Punishment

States are required to allow complaints of torture and to promptly and impartially investigate all allegations; to prosecute and punish perpetrators, with penalties that take into account the grave nature of the crime; and ensure no safe havens by cooperating with other States on extradition.

4

Redress

States are required to provide reparation for torture victims, ensuring they have an enforceable right to fair and adequate compensation, as well as the fullest rehabilitation possible.

5

Reporting

States are required to periodically report to the Committee against Torture on the measures they have taken to implement the Convention.

Prohibiting and preventing torture rely heavily on enforcement through domestic institutions, and this is where the work of CTI is primarily focused.

Committee against Torture (CAT)

The Convention against Torture established a treaty monitoring body known as the Committee against Torture (CAT), which reviews State performance against their commitments under the Convention.

State parties are required to submit periodic reports to the Committee on the legislative, judicial, administrative or other measures they have taken to implement the Convention. 

The Committee consists of 10 experts, nominated and elected by State parties, of high moral standing and who have a recognised competence in the field of human rights. While they are nationals of State parties, they serve in their own personal capacity. These members are elected with consideration of equitable geographical and gender distribution. They serve four-year terms and may be re-elected.

Reporting to the CAT

Additional functions of the CAT

The Committee carries out three further functions, subject to the State party accepting its jurisdiction to do so:

Confidential inquiries into systematic torture

The Committee can launch an inquiry if there are “well-founded indications” of systematic torture in a State party's territory, provided the State has accepted this procedure. The State is invited to cooperate, including by submitting its own observations. The inquiry may involve a visit to the country, and findings along with recommendations are shared confidentially with the State. The results may be made public only if the State consents.

More information is available here.

Individual complaints

The Committee can consider individual complaints of Convention violations (called “communications”), but only if the person has met admissibility criteria, including exhaustion of all available domestic remedies. The Committee’s “views” on the complaint are public, and a summary of the communications reviewed are included in its Annual Report.

The Treaty Bodies jurisprudence database is available here.

Inter-State complaints

The Committee may receive and consider communications from a State party that alleges another State party is not fulfilling its obligations under the Convention.

Optional Protocol (OPCAT)

The Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT), adopted in 2002, strengthens torture prevention with the addition of two extra obligations requiring States to:

Contact our experts

CTI’s expert team responds confidentially to governments and national institutions, offering one-to-one technical support on a wide range of issues relevant to the implementation of UNCAT – such as police and law enforcement, legislative review and reform, policy drafting, prison reform, complaints, investigations and prosecutions, and redress for victims. We have advised many governments and supported them in taking action on torture prevention, eradication and redress. 

Contact us at info@cti.international.

Related content

Reporting

Read more

Implementing

Read more

Resource hub

Read more