proceedings against persons accused of torture, an attempt to commit torture or
complicity in torture. This includes taking measures which make it easier for witnesses to give testimony. States Parties must also assist in gathering any evidence
of which they have knowledge or are aware. Equally, they must assist with the
removal of burdensome procedures or obstacles.
Members of the CAT have emphasised that the application of Article 9 may not
be made dependent on the existence of “any treaties on mutual judicial assistance that may exist between them” (§2). If there are no treaties in place, cooperation is required in the area of prosecution of the offences referred to in
Article 4 on the basis of the Convention itself.174 The duty to co-operate is not
discretionary.175
§ 2. States Parties are obliged to fulfil their obligations under §1 in accordance
with any treaties existing between them regarding mutual judicial assistance. In
this context, the law of the requesting State determines the admissibility of evidence. One consequence of this is that a State is required to supply evidence
even if it is deemed inadmissible in the State in question.176
The practice of the CAT with regard to Article 9 has been limited mainly to
requesting information from States.
1. Each State Party shall ensure that education and information regarding
the prohibition against torture are fully included in the training of law
enforcement personnel, civil or military, medical personnel, public officials
and other persons who may be involved in the custody, interrogation or
treatment of any individual subjected to any form of arrest, detention or
imprisonment.
2. Each State Party shall include this prohibition in the rules or instructions
issued in regard to the duties and functions of any such person.
Features: Education, information and training, ethical codes of conduct
Interpretation
§ 1. States Parties are obliged to ensure that education and information
regarding the prohibition against torture are fully included in the training of all
persons who come into contact with detainees, be they law enforcement personnel, civil or military, medical personnel, public officials and other persons who
may be involved in the custody, interrogation, or treatment of any individuals
subjected to any form of arrest, detention, or imprisonment.
The effectiveness of the way in which personnel are educated and trained with
regard to the consequences of engaging in torture or acquiescence in torture
II. INDIVIDUAL ANALYSIS OF ARTICLES 1–16 OF THE CONVENTION
2. ANALYSIS OF SUBSTANTIVE PROVISIONS
Article 10
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