CAT/C/39/2
page 55
stated “The concept of “systematic” may be defined as thoroughly organized and following a
regular pattern on the basis of a common policy involving substantial public or private
resources. There is no requirement that this policy must be adopted formally as the policy of a
State. There must however be some kind of preconceived plan or policy”.42 (emphases added).
236. To sum up, it is understood that the expression “systematic” violation is normally used to
characterize human rights violations that occur in a deliberate and planned manner. To that
effect, the violations must be committed according to a certain pattern, under an intentional plan
or policy, albeit not explicitly admitted.
237. In this context, CAT’s definition of systematic practice of torture seems to diverge from
the common meaning of the expression and thus from the general rule of interpretation of
treaties, according to which a treaty should be interpreted in accordance with the common
meaning to be given to its terms, expressed in article 31 of the Vienna Convention on the Law of
Treaties, as follows:
“Article 31 General rule of interpretation:
1.
A treaty shall be interpreted in good faith in accordance with the ordinary meaning
to be given to the terms of the treaty in their context and in the light of its object and
purpose.
2.
The context for the purpose of the interpretation of a treaty shall comprise, in
addition to the text, including its preamble and annexes:
(a) any agreement relating to the treaty which was made between all the parties in
connection with the conclusion of the treaty;
(b) any instrument which was made by one or more parties in connection with the
conclusion of the treaty and accepted by the other parties as an instrument related to the
treaty.
3.
There shall be taken into account, together with the context:
(a) any subsequent agreement between the parties regarding the interpretation of
the treaty or the application of its provisions;
(b) any subsequent practice in the application of the treaty which establishes the
agreement of the parties regarding its interpretation;
(c)
parties.
any relevant rules of international law applicable in the relations between the
4.
A special meaning shall be given to a term if it is established that the parties so
intended.”
42
See Prosecutor v. Akayesu, Trial Judgement, 2 September 1998, para. 580.
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