GUIDE ON ANTI-TORTURE LEGISLATION
in substantiating the obligations of States under the Convention. In particular,
the Committee’s General Comments as well as its jurisprudence and concluding
observations to State party reports are authoritative sources of the content of
Convention obligations. Sources outside the Convention framework have also
been reviewed. This included the work of other human rights treaty bodies: of
special guidance as a comparison was the Human Rights Committee (the CCPR),
the body tasked with interpreting the International Covenant on Civil and Political
Rights (the ICCPR), including the Covenant’s article 7 on the prohibition of
torture. Relevant jurisprudence of courts, scholarly articles, non-governmental
organisations’ reports, and reports arising out of expert meetings are also
referenced in the guide.
The substantive part of the document is divided by thematic chapters, each
starting with the relevant articles of the Convention the guide refers to. Differences
are made between four categories of elements:
• Elements where States parties have an obligation to legislate according to
the Convention (when the Convention explicitly requires State parties to
do so);
• Elements where the CAT considers that States must legislate in order to
respect the Convention;
• Elements that States parties should implement according to
recommendations made by the CAT, the CCPR or other bodies and
courts;
• And other elements that States parties are encouraged to consider
implementing.
In each chapter, several elements that legislation should contain are listed.
Argumentation on why those elements are needed is given after each element.
When available, examples from various countries are given, to illustrate how States
have legislated on those elements in their national legislation. The examples given
are not exhaustive but are rather positive illustrations of national practice. Efforts
were made to gather examples from countries in different regions, from different
legal traditions and from countries with different languages. Direct quotes from
articles are inserted whenever an official English translation exists. If this is not
the case, the content of the legislation is summarised and links to the legislation
in its original version are given in footnotes. After each chapter, a summary of
all elements is given, clearly mentioning if the element is a primary element, a
recommended element or an optional one.
One annex follows the substantive part: a compilation of all the elements contained
in the substantive part, presented as a list regrouping the 31 elements.
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