Convention and protocol
Article 2
1. Each State Party shall take effective legislative, administrative, judicial or other measures
to prevent acts of torture in any territory under its jurisdiction.
2. No exceptional circumstances whatsoever, whether a state of war or a threat of war,
internal political in stability or any other public emergency, may be invoked as a justification
of torture.
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 4
1. Each State Party shall ensure that all acts of torture are offences under its criminal law.
The same shall apply to an attempt to commit torture and to an act by any person which
constitutes complicity or participation in torture.
2. Each State Party shall make these offences punishable by appropriate penalties which
take into account their grave nature.
Article 5
1. Each State Party shall take such measures as may be necessary to establish its jurisdiction
over the offences referred to in article 4 in the following cases:
(a) When the offences are committed in any territory under its jurisdiction or on board a ship
or aircraft registered in that State;
(b) When the alleged offender is a national of that State;
(c) When the victim is a national of that State if that State considers it appropriate.
2. Each State Party shall likewise take such measures as may be necessary to establish its
jurisdiction over such offences in cases where the alleged offender is present in any territory
under its jurisdiction and it does not extradite him pursuant to article 8 to any of the States
mentioned in paragraph I of this article.
3. This Convention does not exclude any criminal jurisdiction exercised in accordance with
internal law.
National Preventive Mechanism in the Republic of Slovenia under the Optional Protocol to
the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
79
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents