ANNEX III
List of countries which have made reservations
concerning the competence of the CAT under Article 20:
Afghanistan, Belarus, China, Cuba, Israel, Kuwait, Morocco, Saudi Arabia,
Ukraine.
ANNEX IV
Survey of the Human Rights Committee’s
Pronouncements on the Definition of Torture
(A background paper to the APT Expert Seminar on the
Definition of Torture), November 2001
Introduction
The purpose of this study is to summarise the views of the Human Rights
Committee (hereafter: the “HRC”) concerning the definition of torture as related
to Article 7 of the International Covenant on Civil and Political Rights (hereafter:
the “ICCPR”)258. The HRC has never provided a theoretical definition of torture,
but has, instead referred to the definition given by the UN Convention against
Torture (UNCAT)259 and has urged all States to ratify the Convention.
Nevertheless, the HRC has had numerous occasions to consider the definition of
torture in its General Comments, Concluding Observations and jurisprudence or
case law provided by the individual communications procedure.
In its General Comment 20, the HRC has specified that it considers the prohibition in Article 7 as a whole and does not distinguish between the different acts
mentioned in the provision. This approach has subsequently been adopted in the
jurisprudence of the Committee260. It represents a departure from the approach
adopted previously by the HRC in General Comment 7 (16th session), where a
distinction was made between the type, purpose and severity of each particular
act 261. Out of 122 Concluding Observations between 25 September 1992 and
04 May 2000, the HRC referred to 34 cases involving torture. These General
Comments and Concluding Observations do not provide any definition of torture
nor do they refer to elements constituting torture.
ANNEX
ANNEX III
ANNEX IV
It is the case law of the HRC which provide the most detailed references to elements that the Committee considers as constituting torture. Out of 285 individual communications received between 1977 and July 2000, 24 involved
allegations of torture. Among them, the HRC found that torture had been
inflicted in 15 cases.
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At this point, it must be noted that the jurisprudence of the HRC concerning torture has evolved over time. In the beginning, the HRC in many cases concluded
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