GUIDE ON ANTI-TORTURE LEGISLATION Chapter 6 – Amnesties, immunity, statute of limitations and other impediments Relevant Articles from the United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment: 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. Article 4 1. Each State Party shall ensure that all acts of torture are offences under its criminal law. The same shall apply to an attempt to commit torture and to an act by any person which constitutes complicity or participation in torture. 2. Each State Party shall make these offences punishable by appropriate penalties which take into account their grave nature. 21. The Committee considers that States parties are not to enact any amnesties which extend to cases of torture In cases of amnesties, no investigations, prosecutions or convictions take place. As such, amnesties are incompatible with the obligations of the Convention. The Committee considers that amnesties violate the non-derogable nature of the prohibition of torture as stated in its General Comment N°2: “The Committee considers that amnesties or other impediments which preclude or indicate unwillingness to provide prompt and fair prosecution and punishment of perpetrators of torture or ill-treatment violate the principle of non-derogability”.139 Amnesties also violate the right to redress for victims of torture.140 141 142 In Brazil, the law on the crimes of torture stipulates that amnesties are not possible for the crime of torture.141 In the Philippines, the Anti-Torture Act provides that “in order not to depreciate the crime of torture, persons who have committed any act of torture shall not benefit from any special amnesty law or similar measures that will have the effect of exempting them from any criminal proceedings and sanctions.142 CAT, General Comment N°2, op. cit. 1, § 5. 139 140 141 CAT, General Comment N° 3, op. cit. 11, § 38. Brazil, Law N°9.455 of 7 April 1997, op. cit. 43, article 1(6). Philippines’ Anti-Torture Act of 2009, op. cit. 4, section 16. 142 43