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Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or
Punishment
UN
High Commissioner for Human Rights Navi Pillay
June
26, 1987
http://www2.ohchr.org/English/law/cat.htm#part1
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Adopted
and opened for signature, ratification and accession by General
Assembly resolution 39/46 of 10 December 1984 entry into force 26
June 1987, in accordance with article 27 (1)
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 inalienable rights
of all members of the human family is the foundation of freedom,
justice and peace in the world,
Recognizing that those
rights derive from the inherent dignity of the human person,
Considering the obligation
of States under the Charter, in particular Article 55, to promote
universal respect for, and observance of, human rights and fundamental
freedoms,
Having regard
to article 5 of the Universal
Declaration of Human Rights and article 7 of the International
Covenant on Civil and Political Rights, both of which provide that
no one shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment,
Having regard also to
the Declaration on the Protection of All Persons from Being Subjected
to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
adopted by the General Assembly on 9 December 1975,
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:
PART
I
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 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.
2. This article is without
prejudice to any international instrument or national legislation
which does or may contain provisions of wider application.
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.
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