29. Of particular relevance to this Manual are articles 10, 11, 12 and 13 of the
Convention, which apply to the acts defined in both articles 1 and 16. Article 10
details the necessity to include education and information regarding the
prohibition of torture in the training of any persons who may be involved in the
custody, interrogation or treatment of any individual subjected to any form of
arrest, detention or imprisonment. Article 11 emphasizes that States parties shall
keep under systematic review all procedures pertaining to the arrest, detention or
imprisonment of individuals with a view to preventing torture. Articles 12 and 13
ensure that States parties conduct an impartial investigation whenever there are
reasonable grounds to believe that an act of torture has been committed, and
guarantee victims of torture a right to complain and to have their case promptly
and impartially examined by competent authorities, protecting all witnesses and
complainants from ill-treatment or intimidation. Additionally, under articles 2, 3,
14 and 15 of the Convention, States parties are obliged to take effective legislative,
administrative, judicial or other measures to prevent acts of torture; to commit to
the principle of non-refoulement when there are grounds to suspect that a
returned person would be tortured; to compensate victims and their dependants;
and to exclude evidence or statements obtained through torture.
Optional Protocol to the Convention against Torture
30. On 18 December 2002, by its resolution 57/199, the General Assembly adopted
the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment. Article 1 states the Protocol's objective,
namely to establish a system of regular visits undertaken by independent international and national bodies to places where people are deprived of their liberty, in
order to prevent torture and other cruel, inhuman or degrading treatment or punishment. Article 2 establishes a Subcommittee on Prevention of Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment to carry out the functions
of the Protocol. In addition, article 3 requires each State party to set up, designate or
maintain at the domestic level one or several visiting bodies for the prevention of
torture and other cruel, inhuman or degrading treatment or punishment.
Rome Statute of the International Criminal Court
31. On 1 July 2002, the Rome Statute establishing a permanent International Criminal
Court entered into force. The Statute has to date been ratified by 89 States. The
Court has a mandate to try individuals and to hold them accountable for the most
serious crimes, such as war crimes, crimes against humanity and genocide. Article 7,
dealing with crimes against humanity, is particularly relevant to this Manual. It
defines torture as a crime against humanity when committed as part of a
widespread or systematic attack directed against any civilian population.
International Convention on the Elimination of All Forms of Racial Discrimination
32. The International Convention on the Elimination of All Forms of Racial Discrimination
entered into force in January 1969, prohibiting all forms of racial discrimination in
the political, economic, social and cultural spheres. It currently has 168 States parties.
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