Some States consider that the adaptation of domestic law to comply with international obligations is a condition precedent to becoming a Party to a treaty. This, however, is a minority view and does not represent the prevailing State practice.66 In other States, a ratified treaty automatically becomes part of the law of the land. According to the general rules of international law, a State is under a duty to execute the provisions of a treaty from the date at which the treaty becomes binding upon it, unless the terms of the treaty itself provide otherwise.67 States are not allowed to plead their own law against implementing the Convention.68 Thus, if a State Party to the Convention fails to adopt the measures called for to execute the Convention after its ratification, such State Party may not cite its own laws which do not conform to the Convention to justify its policy of torture or its failure to prevent it.69 The obligation of States is not absolute, i.e. they have no obligation to prevent absolutely or to ensure or guarantee the prevention of torture. The obligation is rather to take reasonable steps to prevent torture. If nevertheless such acts occur, other obligations under the Convention become applicable, and the State may then be obliged under Article 2 §1, to take further effective measures in order to prevent a repetition. Such measures may include changes of personnel in a certain unit, stricter supervision, the issue of new instructions, etc.70 There are no requirements in international law as to the specific manner in which the prescribed measures must be implemented. However, mere adoption of preventive measures by States without any efforts directed toward their implementation is not fulfilment in good faith of the obligations under the Convention. A policy of doing nothing to implement the measures taken by the States would undoubtedly prevent the achievement of reasonable results in the prevention of torture, which is one of the objects of the Convention72, and could thus constitute a violation of the Convention. There is some uncertainty about the point of time by which preventive measures adopted in accordance with Article 2 §1 must be implemented. There is some suggestion that it should be done within one year of adopting the Convention, i.e. before the initial State Party report is submitted to the CAT under Article 19. However, this argument should not be taken as prohibiting gradual improvement in the measures taken by States. All legislation is improved gradually in response to new problems as they emerge in practice. The argument is intended rather to foreclose the possibility of progressive implementation of preventive measures.73 II. INDIVIDUAL ANALYSIS OF ARTICLES 1–16 OF THE CONVENTION 2. ANALYSIS OF SUBSTANTIVE PROVISIONS Any test of the effectiveness of the measures required to be adopted by States under Article 2 §1 seems to be left to the discretion of the States themselves.71 However, a State Party’s declaration that it has fulfilled its obligations under Article 2 of the Convention is subject to supervision by the CAT. 31

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