2.
lawful sanctions to the extent consistent with the
Standard Minimum Rules for the Treatment of
Prisoners.
Torture constitutes an aggravated and deliberate
form of cruel, inhuman or degrading treatment or
punishment.”
Articles 2-4 provided as follows:
“Article 2
Any act of torture or other cruel, inhuman or degrading
treatment or punishment is an offence to human dignity
and shall be condemned as a denial of the purposes of the
Charter of the United Nations and as a violation of the
human rights and fundamental freedoms proclaimed in the
Universal Declaration of Human Rights.
Article 3
No State may permit or tolerate torture or other cruel,
inhuman or degrading treatment or punishment.
Exceptional circumstances such as a state of war or a
threat of war, internal political instability or any other
public emergency may not be invoked as a justification of
torture or other cruel, inhuman or degrading treatment or
punishment.
Article 4
Each State shall, in accordance with the provisions of this
Declaration, take effective measures to prevent torture and
other cruel, inhuman or degrading treatment or
punishment from being practised within its jurisdiction.”
Action was then taken to prepare a convention. This action culminated
in the Torture Convention, which came into force on 26 June 1987. All
member states of the Council of Europe are members with the exception
of Moldova, Andorra and San Marino, the last two of which have been
signed but not yet ratified.
32.
The Torture Convention contained, in article 1, a definition of
torture:
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