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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