52
Annexes
VII. The UN Convention against Torture
Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment
Adopted and opened for signature, ratification and accession by General Assembly resolution 39/46 of
10 December 1984.
Entry into force 26 June 1987, in accordance with article 27 (1).
Preamble
PART I
The States Parties to this Convention,
Considering that, in accordance with the principles
proclaimed in the Charter of the United Nations,
recognition of the equal and inalienable rights of all
members of the human family is the foundation of
freedom, justice and peace in the world,
Recognizing that those rights derive from the
inherent dignity of the human person,
Considering the obligation of States under the
Charter, in particular article 55, to promote universal
respect for, and observance of, human rights and
fundamental freedoms,
Having regard to article 5 of the Universal
Declaration of Human Rights and article 7 of the
International Covenant on Civil and Political Rights,
both of which provide that no one shall be subjected
to torture or to cruel, inhuman or degrading treatment
or punishment,
Having regard also to the Declaration on the
Protection of All Persons from Being Subjected to
Torture and other Cruel, Inhuman or Degrading
Treatment or Punishment, adopted by the General
Assembly on 9 December 1975,
Desiring to make more effective the struggle
against torture and other cruel, inhuman or degrading
treatment or punishment throughout the world,
Article 1
1. For the purposes of this Convention, the term “torture”
means any act by which severe pain or suffering,
whether physical or mental, is intentionally inflicted
on a person for such purposes as obtaining from him
or a third person information or a confession, punishing him for an act he or a third person has committed
or is suspected of having committed, or intimidating
or coercing him or a third person, or for any reason
based on discrimination of any kind, when such pain
or suffering is inflicted by or at the instigation of or
with the consent or acquiescence of a public official or other person acting in an official capacity. It
does not include pain or suffering arising only from,
inherent in or incidental to lawful sanctions.
2. This article is without prejudice to any international
instrument or national legislation which does or may
contain provisions of wider application.
Article 2
1. Each State Party shall take effective legislative,
administrative, judicial or other measures to prevent
acts of torture in any territory under its jurisdiction.
2. No exceptional circumstances whatsoever, whether
a state of war or a threat of war, internal political
instability or any other public emergency, may be
invoked as a justification of torture.
3. An order from a superior officer or a public authority
may not be invoked as a justification of torture.
Have agreed as follows:
Article 3
1. No State Party shall expel, return (“refouler”) or
extradite a person to another State where there are
substantial grounds for believing that he would be in
danger of being subjected to torture.
2. For the purpose of determining whether there are
such grounds, the competent authorities shall take
into account all relevant considerations including,
where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or
mass violations of human rights.
Norway’s National Preventive Mechanism – Annual Report 2014
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