Article 4 obliges States Parties to define acts of torture as crimes in their
national legislation and punish perpetrators of torture. The same applies to
attempts to commit or complicity in committing torture.
Article 5 obliges States Parties to establish universal jurisdiction in cases of
torture where the alleged offenders are not extradited to face prosecution in
another State.
Articles 6-8 govern the exercise of universal jurisdiction as established in
Article 5. This includes, among other important things, the duty to take suspected persons into custody, to undertake inquiries into allegations of torture,
and to submit suspected torturers to the prosecuting authorities.
Article 9 provides that States Parties assist one another in criminal proceedings concerning torture.
I. OVERVIEW, RATIFICATION, AND THE COMMITTEE AGAINST TORTURE
1. SUMMARY OF THE OVERALL STRUCTURE AND SUBSTANTIVE PROVISIONS OF THE CONVENTION
2. RATIFICATION AND IMPLEMENTATION OF THE CONVENTION
Article 10 obliges States Parties to disseminate information on the prohibition against torture and to train law enforcement officials and others in this
subject.
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Article 11 stresses that States Parties must continually review their interrogation rules and arrangements for custody with a view to preventing torture.
Article 12 provides for prompt and impartial investigation where there are
reasonable grounds to believe that torture has been committed.
Articles 13 and 14 provide victims and their dependants the right to redress,
protection, and compensation.
Article 15 prohibits the use of evidence obtained through torture.
Article 16 obliges States Parties to prevent public officials from committing or
acquiescing in other acts of cruel, inhuman, or degrading treatment.
2. RATIFICATION AND IMPLEMENTATION OF
THE CONVENTION
By ratifying4 the Convention, States become bound to give effect to its provisions
as from the thirtieth day after the date when they deposit a copy of their instruments with the Secretary-General of the United Nations5, showing that domestic
formalities for ratification have been complied with. Once ratified, conflicting
national norms may not be invoked as justification for failing to meet the
Convention’s obligations.6
As of May 2002, 129 States had ratified the Convention. It still remains the least
universally ratified of the six core international human rights treaties.