this is the key provision, in article 3, on “non-refoulement”: if there are substantial grounds for believing that an individual will be tortured in a country, that
person cannot be extradited, deported or otherwise returned to that country.
A State party must criminalize torture and punish it appropriately.
As acts of torture need to be punished even if the perpetrators have fled
abroad, articles 4 to 9 establish a scheme whereby a State in which torture
is committed or whose nationals are involved as perpetrators or victims has
jurisdiction over the crime. Such a State can ask for the extradition of the alleged offender from any other country, which must itself submit the alleged offender for prosecution if it turns down the request for extradition. The aim is to
ensure that there is no place to hide for the perpetrators of the acts prohibited
by the treaty. Articles 10 and 11 cover the education of law enforcement
personnel and the systematic review of their methods to prevent torture. Instead of a general “right to an effective remedy” for violations, as contained
in other treaties, the Convention against Torture sets out, in articles 12 to 14,
rights to prompt and impartial investigations of allegations of torture, with
fair and adequate compensation as well as full rehabilitation being due to a
victim. According to article 15, evidence gathered through torture cannot be
used in court. Finally, article 16 requires State parties to prevent acts of cruel,
inhuman or degrading treatment or punishment that do not amount to torture.
The Convention, in Part II, requires each State party to report periodically to
the Committee against Torture. Under articles 21 and 22, States may also
choose to accept the Committee’s competence to consider complaints from
other State parties and from individuals.
The Optional Protocol to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment was adopted in 2002
and entered into force in June 2006. It provides for a system of regular visits
by international and national mechanisms to prevent torture and other cruel,
inhuman or degrading treatment or punishment of people who are deprived
of their liberty. It establishes the Subcommittee on Prevention of Torture as the
international preventive mechanism with a global remit and requires each
State party to set up, designate or maintain one or several national preventive mechanisms or visiting bodies for the prevention of torture and other
cruel, inhuman or degrading treatment or punishment. As provided for under
article 11, the Subcommittee:
(a) Visits places where people are or may be deprived of their liberty;
(b) Advises and assists State parties establishing national preventive
mechanisms, when necessary; maintains direct contact with these
mechanisms in evaluating the needs and the means necessary to improve safeguards against ill-treatment; and makes recommendations
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