CDL-AD(2006)009
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by the need to comply with a peremptory norm (jus cogens), it does not give rise to an
internationally wrongful act, and the prohibition of torture is a peremptory norm. In the
Commission’s opinion, therefore, States must interpret and perform their treaty
obligations, including those deriving from the NATO treaty and from military base
agreements and Status of Forces Agreements, in a manner compatible with their human
rights obligations.
160. The Venice Commission hopes that this opinion will assist the Committee on Legal Affairs
and Human Rights of the Parliamentary Assembly of the Council of Europe in the completion of
the inquiry into these matters. The Commission also hopes that this opinion will assist the
Secretary General of the Council of Europe in his ongoing inquiry under Article 52 of the
European Convention on Human Rights. The Commission is ready to pursue its reflection on
these matters, if so requested.
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