The Death Penalty in the OSCE Area–Background Paper 2018
3. An order from a superior officer or a public authority may not be invoked as a
justification of torture.
Article 3
1. No State Party shall expel, return (“refouler”) or extradite a person to another
State where there are substantial grounds for believing that he would be in danger
of being subjected to torture.
2. For the purpose of determining whether there are such grounds, the competent authorities shall take into account all relevant considerations including, where
applicable, the existence in the State concerned of a consistent pattern of gross,
flagrant or mass violations of human rights.
[…]
Article 16
1. Each State Party shall undertake to prevent in any territory under its jurisdiction
other acts of cruel, inhuman or degrading treatment or punishment which do not
amount to torture as defined in article I, when such acts are committed by or at the
instigation of or with the consent or acquiescence of a public official or other person
acting in an official capacity. In particular, the obligations contained in articles 10,
11, 12 and 13 shall apply with the substitution for references to torture of references
to other forms of cruel, inhuman or degrading treatment or punishment.
2. The provisions of this Convention are without prejudice to the provisions of any
other international instrument or national law which prohibits cruel, inhuman or
degrading treatment or punishment or which relates to extradition or expulsion.
Convention on the Rights of the Child
(1989)
[…]
Article 37
States Parties shall ensure that:
(a) No child shall be subjected to torture or other cruel, inhuman or degrading
treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below
eighteen years of age.
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