C HAPTER 3. P ROHIBITION OF
ILL - TREATMENT
TORTURE AND
OBJECTIVE
The objective of this chapter is to underline that torture or any other form of inhuman
or degrading treatment or punishment is absolutely prohibited and can never be
condoned in any circumstances. The prohibition of torture forms part of customary
international law, which means that it is binding, regardless of whether a State has
ratified international treaties expressly prohibiting torture.
ESSENTIAL PRINCIPLES
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or
punishment. There are no exceptions.
Torture is defined as any act by which severe physical or mental pain or suffering is
intentionally inflicted on a person, other than that which is inherent in or incidental
to lawful sanctions.
Ill-treatment is defined as other acts of cruel, inhuman or degrading treatment or
punishment which do not amount to torture.
Any act of torture committed as part of a widespread or systematic attack directed
against the civilian population with knowledge of the attack is a crime against
humanity.
No prisoner shall be subjected, even with his or her consent, to any medical or
scientific experimentation which may be detrimental to health.
Like torture and ill-treatment, enforced disappearances and summary executions are
completely prohibited.
All law enforcement officials shall be fully informed and educated about the prohibition of torture and ill-treatment.
Any statement made as a result of torture shall not be invoked as evidence in any
proceedings, except as evidence to bring the perpetrators to justice.
Orders from a superior officer may not be invoked as a justification for torture.
Law enforcement officials may use force only when it is strictly necessary.
Any individual who alleges that he or she has been subjected to torture has the right
to complain and to have his or her case promptly and impartially examined by
competent authorities.
All deaths in custody, incidents of torture and ill-treatment, and disappearances of
prisoners shall be properly investigated.
All interrogation rules, instructions, methods and practices pertaining to detained
and imprisoned persons shall be kept under systematic review with a view to
preventing torture.
These principles should be presented visually and remain on display throughout the
session.
41
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents