Appendix 4: Implementation
of Article 2 of the United Nations
Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment or
punishment by States parties
(Committee against Torture under the UN Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment)
General comment No. 2
I.
Implementation of article 2 by States parties
1. This general comment addresses the three parts of article 2, each of
which identifies distinct interrelated and essential principles that undergird
the Convention’s absolute prohibition against torture. Since the adoption of
the Convention against Torture, the absolute and non-derogable character of
this prohibition has become accepted as a matter of customary international
law. The provisions of article 2 reinforce this peremptory jus cogens norm
against torture and constitute the foundation of the Committee’s authority
to implement effective means of prevention, including but not limited to
those measures contained in the subsequent articles 3 to 16, in response to
evolving threats, issues, and practices.
2. Article 2, paragraph 1, obliges each State party to take actions that will
reinforce the prohibition against torture through legislative, administrative,
judicial, or other actions that must, in the end, be effective in preventing it. To
ensure that measures are in fact taken that are known to prevent or punish
any acts of torture, the Convention outlines in subsequent articles obligations
for the State party to take measures specified therein.
Effective investigation of ill-treatment – Guidelines ► Page 108
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