should be regularly assessed. Everyone must know what the rules are, and what not to do. The provisions of this article are relevant not only in the context of torture but also, on the basis of Article 16 §1, in the context of cruel, inhuman, or degrading treatment or punishment. § 2. States are obliged to include the prohibition of torture in the rules or instructions issued in regard to the duties and functions of any such persons, regardless of rank or category. The list of categories of personnel who must be given instruction is not exhaustive. It applies to all other persons involved in the treatment of prisoners and other individuals deprived of their liberty. Instruction and education are not limited to official channels, but must also be given through non-official channels, such as non-governmental organisations.177 The instructions should include provisions which make it absolutely clear that torture and acts of cruel, inhuman, or degrading treatment or punishment are not permitted under any circumstances whatsoever, even if a state of emergency or war exists. II. INDIVIDUAL ANALYSIS OF ARTICLES 1–16 OF THE CONVENTION 2. ANALYSIS OF SUBSTANTIVE PROVISIONS Article 11 50 Each State Party shall keep under systematic review interrogation rules, instructions, methods and practices as well as arrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment in any territory under its jurisdiction, with a view to preventing any cases of torture. Features: Continuous review of interrogation and detention rules and practices Interpretation Article 11 obliges States to keep under continual systematic review interrogation rules, instructions, methods, and practices as well as arrangements for the custody and treatment of persons subjected to any form of arrest, detention, or imprisonment in any territory under its jurisdiction. This must be done with a view to preventing any cases of torture, and also, on the basis of Article 16 §1, any cases of cruel, inhuman, or degrading treatment or punishment. The obligations under Articles 11 and 2 §1 are related to each other. On the basis of Article 11, States must check whether the measures that they have taken on the basis of Article 2 §1 are effective. Moreover, States are obliged to improve the instruction in such provisions in relation to Article 10 if torture or other cruel, inhuman, or degrading treatment or punishment appears to take place.178

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents