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Article 2, paragraph 1 of the Convention against Torture.
Each State Party shall take effective legislative, administrative, judicial or other measures to
prevent acts of torture in any territory under its jurisdiction.
The Convention against Torture also contains the provisions which prohibit expelling and
extradition of a person to a state where he/she would be subjected to torture.
Article 3, paragraphs 1 and 2 of the Convention against Torture.
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.
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 consistent pattern of gross, flagrant or mass violations of human rights.
The Convention against Torture obliges State Parties to ensure that education and information
regarding the prohibition against torture are fully included in the training of officers, medical
staff, public office holders and any other persons who in any manner come into contact with
persons deprived of liberty23.
Article 12 of the Convention against Torture.
Each State Party shall ensure that its competent authorities proceed to a prompt and impartial
investigation, wherever there is reasonable ground to believe that an act of torture has been
committed in any territory under its jurisdiction.
In that context, each State Party must ensure that any individual who alleges he has been
subjected to torture has the right to complain to, and to have his case promptly and impartially
examined by, its competent authorities, ensuring that the complainant and witnesses are
protected against all mistreatment or intimidation as a consequence of his complaint or any
evidence given24.
Article 14, paragraph 1 of the Convention against Torture.
Each State Party shall ensure in its legal system that the victim of an act of torture obtains redress
and has an enforceable right to fair and adequate compensation, including the means for as full
rehabilitation as possible.25
Each State Party shall ensure that any statement which is established to have been made as a
result of torture shall not be invoked as evidence in any proceedings, except against a person
accused of torture as evidence that the statement was made26.
The Convention against Torture establishes the Committee against Torture27. The States Parties
shall submit to the Committee reports on the measures they have taken to give effect to their
undertakings under this Convention. Each report shall be considered by the Committee which
may make such general comments on the report as it may consider appropriate and shall forward
these to the State Party concerned. That State Party may respond with any observations it chooses
to the Committee28. The Republic of Serbia submitted reports to the Committee and the
Committee made comments on these reports29.
Article 10, paragraph 1 of the Convention against Torture.
Article 13 of the Convention against Torture.
25 Article 14 of the Convention against Torture.
26 Article 15 of the Convention against Torture.
27 Article 17 of the Convention against Torture.
28 Article 19, paragraph 1 of the Convention against Torture.
29 Comments made by the Committee against on its 41st session held from 3 to 21 November 2008 on the Report of the
Republic of Serbia.
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