CHAPTER 3. PROHIBITION
OF TORTURE AND ILL - TREATMENT
OBJECTIVE
The objective of this chapter is to underline that torture or any other form of inhuman or
degrading treatment or punishment is absolutely prohibited and can never be condoned
in any circumstances. The prohibition of torture forms part of customary international law,
which means that it is binding, regardless of whether a State has ratified international
treaties expressly prohibiting torture.
ESSENTIAL PRINCIPLES
No one shall be subjected to torture or to cruel, inhuman or degrading treatment
or punishment. There are no exceptions.
Torture is defined as any act by which severe physical or mental pain or suffering is
intentionally inflicted on a person, other than that which is inherent in or incidental
to lawful sanctions.
Ill-treatment is defined as other acts of cruel, inhuman or degrading treatment or
punishment which do not amount to torture.
Any act of torture committed as part of a widespread or systematic attack directed
against the civilian population with knowledge of the attack is a crime against
humanity.
No prisoner shall be subjected, even with his or her consent, to any medical or
scientific experimentation which may be detrimental to health.
Like torture and ill-treatment, enforced disappearances and summary executions
are completely prohibited.
All law enforcement officials shall be fully informed and educated about the prohibition
of torture and ill-treatment.
Any statement made as a result of torture shall not be invoked as evidence in any
proceedings, except as evidence to bring the perpetrators to justice.
Orders from a superior officer may not be invoked as a justification for torture.
Law enforcement officials may use force only when it is strictly necessary.
Any individual who alleges that he or she has been subjected to torture has the
right to complain and to have his or her case promptly and impartially examined by
competent authorities.
All deaths in custody, incidents of torture and ill-treatment, and disappearances of
prisoners shall be properly investigated.
All interrogation rules, instructions, methods and practices pertaining to detained
and imprisoned persons shall be kept under systematic review with a view to
preventing torture.
33
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents