I. The Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment
1. The prohibition of torture and other forms of mistreatment is universally
The Convention helped to
recognized and included in the main international and regional documents
effectively enforce the
concerned with human rights as an absolute, irrevocable provision that applies in
all places and at all times, in peacetime and in wartime. It is also considered as an
established rule of international law which is binding on all states, regardless of
universal recognition of the
ban on torture and other
forms of mistreatment
whether or not they are parties to the aforesaid human rights instruments. To
enforce the prohibition more effectively, specific mechanisms have been set up to
combat torture, among them the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, which was adopted by the
General Assembly of the United Nations on December 10, 1984 and came into
force on June 26, 1987. 147 states are now party to this Convention, including
Spain, which ratified it on October 19, 1987 (Official Journal issue 268, dated
November 9, 1987).
2. Article 1 of the Convention defines “torture” as “any act by which severe pain
Torture is understood to
or suffering, whether physical or mental, is intentionally inflicted on a person for
mean the intentional
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
inflicting of severe suffering
for the purposes of
punishment or coercion,
associated with a public
official
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”. So for
there to be “torture” three elements must be present: the inflicting of severe
physical or mental suffering; association by any means with a public official; and
the intention of inflicting punishment or coercion.
3. In defining other prohibited treatment, pro-human rights organisations draw
Delimitation of a hierarchy
a distinction between the ideas of “torture”, “inhuman treatment” and “degrading
of unlawful acts topped by
treatment” which has been delimited by international jurisprudence, so that
“torture” tops the hierarchy of unlawful behaviour, with “inhuman treatment” in
second place and “degrading treatment” in third place.
torture, followed by
inhuman treatment and
degrading treatment
4. The Convention was a great step forward, in that it reinforced the commitment
The Convention reinforced
of the States Parties and called on them to enact legislative, administrative and
the commitment of States
judicial measures, among others, to prevent, suppress and make reparation for
Parties
torture, such as penalising and pursuing torture as a criminal offence and
prohibiting the use in evidence of any information obtained under torture.
THE OMBUDSMAN OF SPAIN
13
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