Overview of anti-torture legislation in Latin America and the Caribbean
I.
Status of ratification of human right treaties regarding the prohibition of
torture and ill-treatment
Torture is a severe violation of human rights. It is absolutely prohibited as a peremptory
norm of international law, and reinforced by, inter alia, the International Covenant on Civil
and Political Rights; UNCAT; the American Convention on Human Rights; the Inter-American
Convention to Prevent and Punish Torture (IACPPT) and the Inter-American Convention on
the Prevention, Punishment and Eradication of Violence against Women (Convention of
Belém do Pará). This section presents the extent of ratification of the international and
regional treaties on torture and ill-treatment. For more detailed information, please refer
to the status of ratification provided in Annex 1.
a.
Latin American States
All Latin American States (17) covered by this research have ratified the UNCAT, and with
the exception of Colombia, El Salvador and Venezuela, they have all ratified the Optional
Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading
Treatment or Punishment (OPCAT). Moreover, 16 of them have ratified the IACPPT.
Honduras has signed the IACPPT but has not ratified it yet. All 17 States have ratified the
Convention of Belém do Pará.
b.
Caribbean States
This research focuses on 14 States from the Caribbean. Amongst them, 67 have ratified the
UNCAT. The Bahamas has signed the treaty but has not yet ratified it. A number have
committed, through the Universal Periodic Review (UPR), to ratify the UNCAT; and several
have started to work closely with the CTI to make this happen. From the 14 States studied, 2
of them have ratified the IACPPT (Dominican Republic and Suriname)8. 13 out of 14 States
covered by this research have ratified the Convention of Belém do Pará.
II.
The prohibition of torture in the national legislation
This section focuses on States varying approaches to ensuring that the prohibition against
torture is incorporated into their national system: some States possess a constitutional
prohibition, while other States have criminalised torture, either through a specific antitorture legislation, or through amendments to existing laws. Regardless of which of the
latter two legislative approaches is adopted, a review of related laws is ordinarily still
required to avoid overlap or uncertainty as to the applicability of particular laws.
The following map provides an overview of national approaches that Latin American and
Caribbean countries have taken to prohibit and criminalise torture and ill-treatment.
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8
Antigua and Barbuda, Belize, Cuba, Dominican Republic, Guyana, and Saint Vincent and the Grenadines.
IACHR, Annual Report (2015), available at: http://www.oas.org/en/iachr/docs/annual/2015/doc-en/InformeAnual2015introduccion-EN.pdf
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