•
In the absence of a definition of torture in domestic law in conformity with the
Convention, information on criminal or legislative provisions that cover all cases of
torture;
•
Information on any international instruments or national legislation that contains or
may contain provisions of wider application.
Article 2, paragraph 1
8.
This provision introduces the obligation of the States parties to take effective measures to
prevent acts of torture. The report should contain information on:
•
Pertinent information on effective measures taken to prevent all acts of torture,
inter alia with respect to: duration of police custody; incommunicado detention; rules
governing the rights of arrested persons to a lawyer, a medical examination, contact
with their family, etc.; emergency or anti-terrorist legislation that could restrict the
guarantees of the detained person.
9.
The Committee would welcome an assessment by the reporting State of the effectiveness
of the measures taken to prevent torture, including measures to ensure that those responsible are
brought to justice.
Article 2, paragraph 2
10.
The report should contain information on effective measures to ensure that no
exceptional circumstances are invoked, in particular:
•
Whether legal and administrative measures exist to guarantee that the right not to be
tortured is not subject to derogation during a state of war, a threat of war, internal
political instability or any other public emergency.
Article 2, paragraph 3
11.
The report should indicate:
•
Whether legislation and jurisprudence exist with regard to the prohibition on
invoking superior orders, including orders from military authorities, as a justification
of torture; if these exist, information should be provided on their practical
implementation;
•
Whether there are any circumstances in which a subordinate is permitted lawfully to
oppose an order to commit acts of torture, the recourse procedures available to
him/her and information on any such cases that may have occurred;
•
Whether the position of public authorities with respect to the concept of “due
obedience” as a criminal law defence has any impact on the effective implementation
of this prohibition.
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