3. The obligation to prevent torture in article 2 is wide-ranging. The obligations to prevent torture and other cruel, inhuman or degrading treatment
or punishment (hereinafter “ill-treatment”) under article 16, paragraph 1,
are indivisible, interdependent and interrelated. The obligation to prevent
ill-treatment in practice overlaps with and is largely congruent with the obligation to prevent torture. Article 16, identifying the means of prevention of
ill-treatment, emphasizes “in particular” the measures outlined in articles 10 to
13, but does not limit effective prevention to these articles, as the Committee
has explained, for example, with respect to compensation in article 14. In
practice, the definitional threshold between ill-treatment and torture is often
not clear. Experience demonstrates that the conditions that give rise to illtreatment frequently facilitate torture and therefore the measures required
to prevent torture must be applied to prevent ill-treatment. Accordingly, the
Committee has considered the prohibition of ill-treatment to be likewise
non-derogable under the Convention and its prevention to be an effective
and non-derogable measure.
4. States parties are obligated to eliminate any legal or other obstacles
that impede the eradication of torture and ill-treatment; and to take positive
effective measures to ensure that such conduct and any recurrences thereof
are effectively prevented. States parties also have the obligation continually
to keep under review and improve their national laws and performance under
the Convention in accordance with the Committee’s concluding observations
and views adopted on individual communications. If the measures adopted
by the State party fail to accomplish the purpose of eradicating acts of torture,
the Convention requires that they be revised and/or that new, more effective
measures be adopted. Likewise, the Committee’s understanding of and recommendations in respect of effective measures are in a process of continual
evolution, as, unfortunately, are the methods of torture and ill-treatment.
II. Absolute prohibition
5. Article 2, paragraph 2, provides that the prohibition against torture is
absolute and non-derogable. It emphasizes that no exceptional circumstances
whatsoever may be invoked by a State Party to justify acts of torture in any
territory under its jurisdiction. The Convention identifies as among such
circumstances a state of war or threat thereof, internal political instability
or any other public emergency. This includes any threat of terrorist acts or
violent crime as well as armed conflict, international or non-international.
The Committee is deeply concerned at and rejects absolutely any efforts by
Appendices ► Page 109
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents