VII. The Absolute Prohibition of Torture,
Inhuman and Degrading Treatment
and Punishment
Relevant international provisions:
UDHR, Article 5:
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or
punishment.
UNCAT, Article 1:
For the purposes of this Convention, 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.
ICCPR Article 7:
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or
punishment. In particular, no one shall be subjected without his free consent to medical
or scientific experimentation.
Article 10(1):
All persons deprived of their liberty shall be treated with humanity and with respect for
the inherent dignity of the human person.
Arab Charter, Article 8
1. No one shall be subjected to physical or psychological torture or to cruel, degrading,
humiliating or inhuman treatment.
2. Each State party shall protect every individual subject to its jurisdiction from such
practices and shall take effective measures to prevent them. The commission of, or
participation in, such acts shall be regarded as crimes that are punishable by law and
not subject to any statute of limitations. Each State party shall guarantee in its legal
system redress for any victim of torture and the right to rehabilitation and
compensation.
Palestinian Basic Law:
Article 13
1. No person shall be subject to any duress or torture. Indictees and all persons
deprived of their freedom shall receive proper treatment.
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