“Article 1
1. For the purposes of this Convention, ‘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.
2. This article is without prejudice to any international
instrument or national legislation which does or may
contain provisions of wider application.”
It is noteworthy that the torture must be inflicted by or with the
complicity of an official, must be intentional, and covers treatment
inflicted for the purpose of obtaining information or a confession.
Articles 2, 3 and 4 provide:
“Article 2
1. Each State Party shall take effective legislative,
administrative, judicial or other measures to prevent
acts of torture in any territory under its jurisdiction.
2. No exceptional circumstances whatsoever, whether a
state of war or a threat of war, internal political
instability or any other public emergency, may be
invoked as a justification of torture.
3. An order from a superior officer or a public authority
may not be invoked as a justification of torture.
Article 3
1. No State Party shall expel, return (‘refouler’) or
extradite a person to another State where there are
substantial grounds for believing that he would be in
danger of being subjected to torture.
2. For the purpose of determining whether there are such
grounds, the competent authorities shall take into
account all relevant considerations including, where
applicable, the existence in the State concerned of a
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