against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment
(UNCAT) and OPCAT, Article 7 of the International Covenant on Civil and Political
Rights (ICCPR), and Article 3 of the European Convention on Human Rights
(ECHR). Member States of the Council of Europe are also bound by the European
Convention for the Prevention of Torture and Inhuman or Degrading Treatment or
Punishment (ECPT). A further mechanism is the office of the UN Special Rapporteur
on Torture, which was created by the UN Commission on Human Rights in 1985. The
Special Rapporteur carries out fact-finding missions to countries, submits annual
reports on activities, and can make urgent appeals to states on individual cases.
The Geneva Conventions also contain certain provisions prohibiting torture and cruel
treatment (common Article 3). Additionally, the Rome Statute of the International
Criminal Court specifies that torture can constitute an international crime against
humanity when certain conditions are met.
An additional “catch-all” protection is derived from the fact that the prohibition
against torture is a peremptory norm of customary international law – a fundamental
principle of international law considered to be accepted by the international
community of states. Consequently, the prohibition against torture is binding for all
states, regardless of whether they have signed or ratified any of the relevant
international human rights treaties containing protection and torture-prevention
mechanisms mentioned above.
Finally, there are a number of legally non-binding UN guidelines, recommendations
and codes of conduct that contain relevant provisions and are applicable to particular
groups, such as law enforcement officials, or particular situations, such as places of
deprivation of liberty. These include the UN Code of Conduct for Law Enforcement
Officials (1979), 5 the UN Basic Principles on the Use of Force and Firearms by Law
Enforcement Officials (1990), 6 and the UN Standard Minimum Rules for the
Treatment of Prisoners (1957). 7
1.4 Existing compilations of torture-prevention principles
Numerous studies have been made that enumerate approaches to assisting in the
prevention of torture. The Association for the Prevention of Torture has produced
several publications on this issue, including those focusing on the effective
monitoring of places of deprivation of liberty and the implementation of relevant
provisions of international law. 8 The Human Rights Centre, at the University of
Essex, has produced manuals for judges and prosecutors on reporting and combating
5
“UN Code of Conduct for Law Enforcement Officials”, UNHCHR website,
<http://www.unhchr.ch/html/menu3/b/h_comp42.htm>.
6
“UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials”, UNHCHR
website, <http://www.unhchr.ch/html/menu3/b/h_comp43.htm>.
7
“UN Standard Minimum Rules for the Treatment of Prisoners”, UNHCHR website,
<http://www.unhchr.ch/html/menu3/b/h_comp34.htm>.
8
Available on the Association for the Prevention of Torture website,
<www.apt.ch/component/option,com_docman/Itemid,59/lang,en/>/
10
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