Seeking Remedies for Torture Victims: A Handbook on the Individual Complaints Procedures of the UN Tready Bodies contained in Article 7, which states in relevant part: “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”. Article 4(2) of the ICCPR provides that the prohibition in Article 7 is non-derogable, “even in times of public emergency which threatens the life of the nation”. Thus, Articles 7 and 4(2) in conjunction, establish the prohibition as absolute under this treaty. In General Comment No. 20, the HRC further emphasized that: The text of article 7 [of the ICCPR] allows of no limitation. The Committee also reaffirms that, even in situations of public emergency such as those referred to in article 4 of the Covenant, no derogation from the provision of article 7 is allowed and its provisions must remain in force … [N]o justification or extenuating circumstances may be invoked to excuse a violation of article 7 for any reasons.8 The absolute nature of the prohibition is also enshrined in the Convention against Torture. Article 2(2) of the CAT provides: 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.9 The non-derogability of the prohibition has consistently been reiterated by human rights monitoring bodies, human rights courts, and international tribunals including the HRC, the CAT Committee, the European Court of Human Rights (ECtHR), the Inter-American Commission and Court, the African Commission on Human and People’s Rights, the International Court of Justice (ICJ) and the International Criminal Tribunal for the Former Yugoslavia (ICTY).10 The prohibition of torture and other forms of ill-treatment does not therefore yield to other societal or political interests, however compelling those interests 8 9 10 26 General Comment No. 20, replacing General Comment No. 7 on Article 7, (1992) UN Doc. HRI/ GEN/1/Rev.6 at 151(2003), para. 3 (hereinafter, General Comment No. 20). The CAT Committee has also upheld the non-derogable nature of the prohibition of inflicting cruel, inhuman or degrading treatment or punishment in its General Comment No. 2, Reporting Guidelines, CAT Committee, General Comment No. 2, Implementation of Article 2 by States Parties, (2007) UN Doc. CAT/C/GC/2/CRP. 1/Rev.4 (hereinafter, General Comment No. 2), para. 6. See also CAT Committee, Sonko v. Spain, Comm. No. 368/2008, para. 10.4. See General Comment No. 20, para. 3 (cited in text above); General Comment No. 29 on Article 4 (States of Emergency), (2001) UN Doc. HRI/GEN/1/Rev. 6 at 186 (2003) (hereinafter, General Comment No. 29); Concluding Observations on the US, (2006) UN Doc. CAT/C/USA/CO/2, para. 14; CAT ’s consideration of the Reports of the Russian Federation, (2002) UN Doc. CAT/C/CR/28/4, para. 90; Egypt, (2002) UN Doc. CAT/C/CR/29/4 A/57/54, para. 40; and Spain, (2002) UN Doc. CAT/C/ SR.530 A/58/44, para. 59; Inter-American cases, e.g. Castillo-Petruzzi et al. v. Peru, Series C, No. 52, judgment of the Inter-American Court of Human Rights of 30 May 1999, para. 197; Cantoral Benavides v. Peru, Series C, No. 69, judgment of the Inter-American Court of Human Rights of 18 August 2000, para. 96; Maritza Urrutia v. Guatemala, Series C, No. 103, judgment of the Inter-American Court of Human Rights of 27 November 2003, para. 89; European Court of Human Rights’ (hereinafter, ECtHR) cases, e.g. Tomasi v. France, No. 12850/87, (17 August 1992): Aksoy v. Turkey, No. 21987/93, (18 December 1996); and Chahal v. the United Kingdom, No. 22414/93, (15 November 1996); ICJ, Belgium v. Senegal, Judgment of 20 July 2012, para. 99; ICTY cases, e.g. Prosecutor v. Furundzija, ICTY Trial Chamber, IT-95-171/1-T (10 December 1998).