UNCAT Ratification Tool
(4) preparing an Initial Report to the Committee against Torture.
5.1 Mapping for legal conformity
Various legal, administrative, judicial or other changes may be needed to effectively implement the
Convention after ratification. While legal reform will not automatically ensure that all rights in the
Convention are enjoyed by all persons, ensuring their protection in law is a critical step towards
fulfilling them in practice.
The exercise of mapping the conformity of the national system should be conducted thoroughly so that
States understand exactly what they must do in order to fully implement the UNCAT. Such an exercise
may be achieved in collaboration with legal and other experts who understand how the Convention has
been implemented elsewhere. See ‘Laying the foundations: A Checklist for National Laws’ for more
information.
Many legislative amendments may be necessary to protect all the provisions of the UNCAT in law,
and could include revisions to one or more of the following legal texts:
Constitution,
penal code,
criminal procedure code and civil code of procedure,
police legislation,
prison legislation,
extradition legislation, and
various other laws.
In relation to the important step of criminalisation, several States have benefitted from expert advice
from international partners. Some States have passed amendments to their penal code, while others
have adopted specific laws dedicated to criminalising the offence. No single method is suitable for all
States, and each should undertake a process of reflection to agree on a process of legal reform which
is consistent with the national legal order.
5.2. Developing a domestic roadmap
Beyond legal reform, further steps may be contemplated by each government department and/or
executive agency to enable full implementation. Once again, sharing experiences with other States
parties, intergovernmental institutions and civil society may be sought to better understand exactly
what further steps are appropriate.
States should be realistic, practical and achievable in setting goals for the implementation of UNCAT
obligations. Fulfilment of Convention rights is an ongoing process, and may take years to achieve.
A roadmap for domestic implementation of the UNCAT might include the following steps for each
responsible government department and/or executive agency:
The adoption of regulations, codes of practice, or policies to guide operational practices
and bring about positive behavioural change;
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