UNCAT Ratification Tool
Annex 4: Laying the Foundations: A
Checklist for National Laws
States parties are required to make such modifications to their national laws to protect obligations
contained in the Convention. While putting in place a strong legal foundation is only one step in
ensuring rights are fulfilled in practice, it is a critical foundation on which positive State practice can
be built.
Various amendments to laws may be necessary. The following list is illustrative of the minimum
legislative requirements which should be reviewed by States seeking to ratify or accede to the
UNCAT, and more legal analysis may be required to understand exactly how each State should fulfil
Convention provisions in their national law.
Secondary legislation, which may be drafted as regulations, practice documents, or other legal
instruments, should add significant detail to supplement the principal legal texts.
Torture and ill‐treatment is absolutely prohibited in national laws and/or in the
constitution
A number of preventive safeguards are guaranteed in law (e.g. persons are given
access to a lawyer promptly after detention; to contact family members and to a
medical examination; all detainees are recorded in bound registers etc.)
Redress is guaranteed for victims of torture and acts of cruel, inhuman or degrading
treatment or punishment
Torture is a criminal offence:
The definition of torture is in line with the international definition
Applies to all acts (or omissions) by commission, acts of complicity or other
forms of participation, and to attempt
No defences apply to the crime of torture
The offence applies to all State actors, to those acting in an official
capacity, and to private persons acting with the instigation, consent or
acquiescence of State actors
Appropriate penalties take account of the serious nature of the offence
Torture is excluded from applicable periods of prescription or statutes of
limitation
Persons may not be removed to countries where they face a real risk of torture
Evidence obtained by torture is prohibited in all proceedings
Allegations or suspicions of abuse are promptly and impartially investigated by a
competent body independent of the alleged offender
Torture is an extraditable offence
Mutual legal assistance shall be offered where an alleged perpetrator is prosecuted
in another State
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