Article 2
Obligation to Prevent Torture
. Each State Party shall take effective legislative, administrative, judicial or other
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measures to prevent acts of torture in any territory under its jurisdiction.
. No exceptional circumstances whatsoever, whether a state of war or a threat of
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war, internal political instability or any other public emergency, may be invoked as
a justification of torture.
. An order from a superior officer or a public authority may not be invoked as a
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justification of torture.
1. Introduction
2. Travaux Préparatoires
2.1 Chronology of Draft Texts
2.2 Analysis of Working Group Discussions
3. Issues of Interpretation
3.1 The Obligation to Take Effective Measures to Prevent Torture
3.1.1 Scope of Application
3.1.2 Legislative, Administrative, Judicial, or Other Measures
3.1.2.1 Criminalization of Torture and Other Legislative Measures
3.1.2.2 Detention and Interrogation Safeguards
3.1.2.3 Ensuring Independent Monitoring of Places of Detention
3.1.2.4 Non-Refoulement and Asylum Procedure
3.1.2.5 Investigations and Prosecution
3.1.2.6 Providing Redress
3.1.2.7 Independence of the Judiciary and Access to Justice
3.1.2.8 Combating Trafficking, Sexual, and Gender-based Violence,
Including Domestic Violence and Violence against
Children, Persons with Disabilities, and Other Groups in
Situations of Vulnerability
3.1.2.9 Collection of Disaggregated Data
3 .2 Meaning of ‘any territory under its jurisdiction’
3.3 The Absolute Nature of the Prohibition of Torture
3.4 The Non-Derogable Nature of the Prohibition of Torture
3.5 Prohibition of Defence of Obedience to Superior Orders in
Domestic Criminal Proceedings
3.6 Superior Orders as a Reason for Mitigating Circumstances
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1. Introduction
1 The Convention does not contain any provision providing for a human right to personal
integrity and dignity or not to be subjected to torture, cruel, inhuman or degrading treatment or punishment, similar to Article 7 CCPR or respective provisions in regional human
rights treaties. By making reference to Article 7 CCPR in the Preamble, the Convention
rather presupposes the existence of this human right and, in ‘desiring to make more effective
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