Preamble
19
3. Issues of Interpretation
The first paragraph is modelled on the first preambular paragraph of both Covenants. The
phrase ‘recognition of the inherent dignity’ was, however, deleted during the Working
Group discussions because these words were also contained in the second paragraph.
The term ‘principles proclaimed in the Charter of the United Nations’ refers both to the
principles enshrined in Article 2 and to the purposes of the United Nations laid down
in Article 1 of the Charter,20 ie peace and security, development and human rights. The
interdependence of these three main objectives of the world organization was emphasized
by former Secretary General Kofi Annan in his well-known report ‘In Larger Freedom’ of
21 March 2005 as follows: ‘Accordingly, we will not enjoy development without security,
we will not enjoy security without development, and we will not enjoy either without
respect for human rights’.21 The significance of human rights as a precondition for both
security and development was already envisaged in the preambles of both Covenants and
the CAT which state that recognition of human rights ‘is the foundation of freedom,
justice and peace in the world’.
The second paragraph is identical with the second preambular paragraph of both
Covenants and expresses, like the first paragraph, that human rights have their origin in
natural law. The reference to the ‘inherent dignity of the human person’ is of particular
relevance for the prohibition and prevention of torture as any act of torture, like slavery,
constitutes a direct and deliberate attack on the dignity of the human person. Torture
presupposes a situation in which one person exercises total control over another person.
The victim of torture finds itself in a situation of powerlessness, and the perpetrator aims
at depriving the victim of its dignity and humanity.22
The third paragraph is taken from the fourth preambular paragraph of both Covenants.
During the drafting in the Working Group, a particular reference to Article 55 of the UN
Charter was added. According to Article 55(c), the United Nations shall promote ‘universal respect for, and observance of, human rights and fundamental freedoms for all
without distinction as to race, sex, language, or religion’. It is this emphasis on the principle of non-discrimination which the drafters had in mind when proposing an explicit
reference to Article 55.23 This principle is also stressed in Article 1 CAT: in addition to
extraction of a confession or information, punishment and intimidation, discrimination
is explicitly listed as one of the purposes of torture.24
The fourth paragraph refers to the absolute prohibition of torture and CIDT, as contained in already existing instruments, such as Article 5 UDHR and Article 7 CCPR.
Apart from its preamble, the Convention against Torture does not contain any provision
explicitly prohibiting torture or CIDT or providing for a human right not to be subjected
to torture or CIDT. The Convention only contains additional obligations of States parties
to criminalize torture under domestic law, to provide victims of torture with a right to
remedy and reparation, and to prevent torture and CIDT.
The fifth paragraph refers to the 1975 Declaration which forms the direct basis for
the Convention against Torture. In the United Nations, binding human rights treaties
20
cf Manfred Nowak, UN Covenant on Civil and Political Rights: CCPR Commentary (2nd edn, NP Engel
2005) 2.
21
A/59/2005, para 17.
22
On the significance of the situation of powerlessness for the definition of torture see below Art 1.
23
24
See above 2.2.
See below Art 1, 3.1.4
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