States to justify torture and ill-treatment as a means to protect public safety
or avert emergencies in these and all other situations. Similarly, it rejects any
religious or traditional justification that would violate this absolute prohibition. The Committee considers that amnesties or other impediments which
preclude or indicate unwillingness to provide prompt and fair prosecution and
punishment of perpetrators of torture or ill-treatment violate the principle of
non-derogability.
6. The Committee reminds all States parties to the Convention of the
non-derogable nature of the obligations undertaken by them in ratifying
the Convention. In the aftermath of the attacks of 11 September 2001, the
Committee specified that the obligations in articles 2 (whereby “no exceptional
circumstances whatsoever…may be invoked as a justification of torture”),
15 (prohibiting confessions extorted by torture being admitted in evidence,
except against the torturer), and 16 (prohibiting cruel, inhuman or degrading
treatment or punishment) are three such provisions that “must be observed
in all circumstances”259. The Committee considers that articles 3 to 15 are likewise obligatory as applied to both torture and ill-treatment. The Committee
recognizes that States parties may choose the measures through which they
fulfil these obligations, so long as they are effective and consistent with the
object and purpose of the Convention.
7. The Committee also understands that the concept of “any territory under
its jurisdiction,” linked as it is with the principle of non-derogability, includes
any territory or facilities and must be applied to protect any person, citizen or
non-citizen without discrimination subject to the de jure or de facto control
of a State party. The Committee emphasizes that the State’s obligation to
prevent torture also applies to all persons who act, de jure or de facto, in the
name of, in conjunction with, or at the behest of the State party. It is a matter of urgency that each State party should closely monitor its officials and
those acting on its behalf and should identify and report to the Committee
any incidents of torture or ill-treatment as a consequence of anti-terrorism
measures, among others, and the measures taken to investigate, punish, and
prevent further torture or ill-treatment in the future, with particular attention
to the legal responsibility of both the direct perpetrators and officials in the
chain of command, whether by acts of instigation, consent or acquiescence.
259. On 22 November 2001, the Committee adopted a statement in connection with the
events of 11 September which was sent to each State party to the Convention (A/57/44,
paras. 17-18).
Effective investigation of ill-treatment – Guidelines ► Page 110
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