17
2.2.
International instruments
Serbia is a signatory country to all most important conventions concerning prohibition, i.e.,
prevention of torture. The International Covenant on Civil and Political Rights13, that in its Article 7, adopted the provision on prohibition of torture referred to under Article 5 of the Universal Declaration of Human Rights14, was ratified in 197115.
Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment16 (Convention against torture) was ratified in 199117. It constitutes one of the most
important international instruments in the area of torture prohibition.
Convention against torture, Article 1, paragraph 1.
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.
In addition to providing the most comprehensive definition of torture, the Convention against
torture contains a set of other most important provisions for eradication of torture.
Convention against torture, Article 2, paragraph 1.
Each State Party shall take effective legislative, administrative, judicial or other
measures to prevent acts of torture in any territory under its jurisdiction.
The Convention against torture also contains provisions prohibiting expulsion or extradition
of a person to the state in which that person was exposed to torture.
13
14
15
16
17
Signed on December 19, 1966 in New York.
Adopted by the General Assembly of United Nations on December 10th, 1948 in Paris.
„Official Gazette of SFRY», no. 7/71.
Adopted on December 10, 1984 in New York.
„ Official Gazette of SFRY – International Treaties», no. 9/91.
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