suggested that statements made under cruel, inhuman, or degrading treatment,
nor statements made under threat of torture or under duress, may not be put
forward as evidence in any proceedings.216 In other words, while Article 15 mentions only statements made under torture, the CAT has had no objection to condemning less serious ways of imposing pressure, thus implicitly declaring the
article to be applicable to cruel, inhuman, or degrading treatment or punishment.217
The Human Rights Committee has also emphasised the obligations of States
Parties to the ICCPR to prohibit the admissibility in judicial proceedings of statements or confessions obtained through torture or other prohibited treatment.218
Article 16
Features: Duty to prevent cruel, inhuman or degrading actions of officials, provisions applying to cruel, inhuman, and degrading treatment,
respect for other protection mechanisms
Interpretation
§ 1. The provisions of Article 16 extend the scope of application of the
Convention, since they oblige States Parties to take measures to prevent not
only torture, but also cruel, inhuman, or degrading treatment or punishment
which does not amount to torture as defined in Article 1. Forms of ill-treatment
other than torture do not have to be inflicted for a specific purpose, but there
does have to be an intent to expose individuals to the conditions which amount
to or result in ill-treatment. In order to fall within the ambit of Article 16 an act
must —like an act of torture under Article 1— be committed by, at the instigation of, or with the consent or acquiescence of a public official or other person
acting in an official capacity.
In other words, an act of ill-treatment fails to qualify as torture for the purposes
of the Convention if it either did not involve a sufficiently severe degree of pain
II. INDIVIDUAL ANALYSIS OF ARTICLES 1–16 OF THE CONVENTION
2. ANALYSIS OF SUBSTANTIVE PROVISIONS
1. Each State Party shall undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in article I, when such
acts are committed by or at the instigation of or with the consent or
acquiescence of a public official or other person acting in an official
capacity. In particular, the obligations contained in articles 10, 11, 12 and
13 shall apply with the substitution for references to torture of references
to other forms of cruel, inhuman or degrading treatment or punishment.
2. The provisions of this Convention are without prejudice to the provisions
of any other international instrument or national law which prohibits
cruel, inhuman or degrading treatment or punishment or which relates to
extradition or expulsion.
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