Convention against Torture and Other Cruel, Inhuman

Office of the United Nations High Commissioner for Human Rights

Convention against Torture and Other Cruel, Inhuman

or Degrading Treatment or Punishment

Adopted and opened for signature, ratification and accession by

General Assembly resolution 39/46 of 10 December 1984

entry into force 26 June 1987, in accordance with article 27 (1)

The States Parties to this Convention,

Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of

the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace

in the world,

Recognizing that those rights derive from the inherent dignity of the human person,

Considering the obligation of States under the Charter, in particular Article 55, to promote universal respect for,

and observance of, human rights and fundamental freedoms,

Having regard to article 5 of the Universal Declaration of Human Rights and article 7 of the International Covenant

on Civil and Political Rights, both of which provide that no one shall be subjected to torture or to cruel, inhuman

or degrading treatment or punishment,

Having regard also to the Declaration on the Protection of All Persons from Being Subjected to Torture and

Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the General Assembly on 9 December

1975,

Desiring to make more effective the struggle against torture and other cruel, inhuman or degrading treatment or

punishment throughout the world,

Have agreed as follows:

PART I

Article 1

1. For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering,

whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third

person information or a confession, punishing him for an act he or a third person has committed or is suspected of

having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of

any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a

public official or other person acting in an official capacity. It does not include pain or suffering arising only from,

inherent in or incidental to lawful sanctions.

2. This article is without prejudice to any international instrument or national legislation which does or may contain

provisions of wider application.

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 in stability

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 3 General comment on its implementation

1. No State Party shall expel, return ("refouler") or extradite a person to another State where there are substantial

grounds for believing that he would be in danger of being subjected to torture.

2. For the purpose of determining whether there are such grounds, the competent authorities shall take into

account all relevant considerations including, where applicable, the existence in the State concerned of a consistent

pattern of gross, flagrant or mass violations of human rights.

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.

Article 5

1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences

referred to in article 4 in the following cases:

(a) When the offences are committed in any territory under its jurisdiction or on board a ship or

aircraft registered in that State;

(b) When the alleged offender is a national of that State;

2. Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over such

offences in cases where the alleged offender is present in any territory under its jurisdiction and it does not

extradite him pursuant to article 8 to any of the States mentioned in paragraph I of this article.

3. This Convention does not exclude any criminal jurisdiction exercised in accordance with internal law.

Article 6

1. Upon being satisfied, after an examination of information available to it, that the circumstances so warrant, any

State Party in whose territory a person alleged to have committed any offence referred to in article 4 is present

shall take him into custody or take other legal measures to ensure his presence. The custody and other legal

measures shall be as provided in the law of that State but may be continued only for such time as is necessary to

enable any criminal or extradition proceedings to be instituted.

2. Such State shall immediately make a preliminary inquiry into the facts.

3. Any person in custody pursuant to paragraph I of this article shall be assisted in communicating immediately

with the nearest appropriate representative of the State of which he is a national, or, if he is a stateless person,

with the representative of the State where he usually resides.

4. When a State, pursuant to this article, has taken a person into custody, it shall immediately notify the States

referred to in article 5, paragraph 1, of the fact that such person is in custody and of the circumstances which

warrant his detention. The State which makes the preliminary inquiry contemplated in paragraph 2 of this article

shall promptly report its findings to the said States and shall indicate whether it intends to exercise jurisdiction.

Article 7

1. The State Party in the territory under whose jurisdiction a person alleged to have committed any offence

referred to in article 4 is found shall in the cases contemplated in article 5, if it does not extradite him, submit the

case to its competent authorities for the purpose of prosecution.

2. These authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious

nature under the law of that State. In the cases referred to in article 5, paragraph 2, the standards of evidence

required for prosecution and conviction shall in no way be less stringent than those which apply in the cases

referred to in article 5, paragraph 1.

3. Any person regarding whom proceedings are brought in connection with any of the offences referred to in

article 4 shall be guaranteed fair treatment at all stages of the proceedings.

Article 8

1. The offences referred to in article 4 shall be deemed to be included as extraditable offences in any extradition

treaty existing between States Parties. States Parties undertake to include such offences as extraditable offences in

every extradition treaty to be concluded between them.

2. If a State Party which makes extradition conditional on the existence of a treaty receives a request for

extradition from another. State Party with which it has no extradition treaty, it may consider this Convention as the

legal basis for extradition in respect of such offences. Extradition shall be subject to the other conditions provided

by the law of the requested State.

3. States Parties which do not make extradition conditional on the existence of a treaty shall recognize such

offences as extraditable offences between themselves subject to the conditions provided by the law of the

requested State.

4. Such offences shall be treated, for the purpose of extradition between States Parties, as if they had been

committed not only in the place in which they occurred but also in the territories of the States required to establish

their jurisdiction in accordance with article 5, paragraph 1.

Article 9

1. States Parties shall afford one another the greatest measure of assistance in connection with criminal

proceedings brought in respect of any of the offences referred to in article 4, including the supply of all evidence at

their disposal necessary for the proceedings.

2. States Parties shall carry out their obligations under paragraph I of this article in conformity with any treaties on

mutual judicial assistance that may exist between them.

Article 10

1. Each State Party shall ensure that education and information regarding the prohibition against torture are fully

included in the training of law enforcement personnel, civil or military, medical personnel, public officials and other

persons who may be involved in the custody, interrogation or treatment of any individual subjected to any form of

arrest, detention or imprisonment.

2. Each State Party shall include this prohibition in the rules or instructions issued in regard to the duties and

functions of any such person.

Article 11

Each State Party shall keep under systematic review interrogation rules, instructions, methods and practices as

well as arrangements for the custody and treatment of persons subjected to any form of arrest, detention or

imprisonment in any territory under its jurisdiction, with a view to preventing any cases of torture.

Article 12

Each State Party shall ensure that its competent authorities proceed to a prompt and impartial investigation,

wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its

jurisdiction.

Article 13

Each State Party shall ensure that any individual who alleges he has been subjected to torture in any territory

under its jurisdiction has the right to complain to, and to have his case promptly and impartially examined by, its

competent authorities. Steps shall be taken to ensure that the complainant and witnesses are protected against all

ill-treatment or intimidation as a consequence of his complaint or any evidence given.

Article 14

1. Each State Party shall ensure in its legal system that the victim of an act of torture obtains redress and has an

enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible. In

the event of the death of the victim as a result of an act of torture, his dependants shall be entitled to

compensation.

2. Nothing in this article shall affect any right of the victim or other persons to compensation which may exist under

national law.

Article 15

Each State Party shall ensure that any statement which is established to have been made as a result of torture shall

not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the

statement was made.

Article 16

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.

PART II

Article 17

1. There shall be established a Committee against Torture (hereinafter referred to as the Committee) which shall

carry out the functions hereinafter provided. The Committee shall consist of ten experts of high moral standing and

recognized competence in the field of human rights, who shall serve in their personal capacity. The experts shall be

elected by the States Parties, consideration being given to equitable geographical distribution and to the usefulness

of the participation of some persons having legal experience.

2. The members of the Committee shall be elected by secret ballot from a list of persons nominated by States

Parties. Each State Party may nominate one person from among its own nationals. States Parties shall bear in

mind the usefulness of nominating persons who are also members of the Human Rights Committee established

under the International Covenant on Civil and Political Rights and who are willing to serve on the Committee

against Torture.

3. Elections of the members of the Committee shall be held at biennial meetings of States Parties convened by the

Secretary-General of the United Nations. At those meetings, for which two thirds of the States Parties shall

constitute a quorum, the persons elected to the Committee shall be those who obtain the largest number of votes

and an absolute majority of the votes of the representatives of States Parties present and voting.

4. The initial election shall be held no later than six months after the date of the entry into force of this Convention.

At. Ieast four months before the date of each election, the Secretary-General of the United Nations shall address

a letter to the States Parties inviting them to submit their nominations within three months. The Secretary-General

shall prepare a list in alphabetical order of all persons thus nominated, indicating the States Parties which have

nominated them, and shall submit it to the States Parties.

5. The members of the Committee shall be elected for a term of four years. They shall be eligible for re-election if

renominated. However, the term of five of the members elected at the first election shall expire at the end of two

years; immediately after the first election the names of these five members shall be chosen by lot by the chairman

of the meeting referred to in paragraph 3 of this article.

6. If a member of the Committee dies or resigns or for any other cause can no longer perform his Committee

duties, the State Party which nominated him shall appoint another expert from among its nationals to serve for the

remainder of his term, subject to the approval of the majority of the States Parties. The approval shall be

considered given unless half or more of the States Parties respond negatively within six weeks after having been

informed by the Secretary-General of the United Nations of the proposed appointment.

7. States Parties shall be responsible for the expenses of the members of the Committee while they are in

performance of Committee duties. (amendment (see General Assembly resolution 47/111 of 16 December 1992);

status of ratification)

Article 18

1. The Committee shall elect its officers for a term of two years. They may be re-elected.

2. The Committee shall establish its own rules of procedure, but these rules shall provide, inter alia, that:

(a) Six members shall constitute a quorum;

(b) Decisions of the Committee shall be made by a majority vote of the members present.

3. The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective

performance of the functions of the Committee under this Convention.

4. The Secretary-General of the United Nations shall convene the initial meeting of the Committee. After its initial

meeting, the Committee shall meet at such times as shall be provided in its rules of procedure.

5. The States Parties shall be responsible for expenses incurred in connection with the holding of meetings of the

States Parties and of the Committee, including reimbursement to the United Nations for any expenses, such as the

cost of staff and facilities, incurred by the United Nations pursuant to paragraph 3 of this article. (amendment (see

General Assembly resolution 47/111 of 16 December 1992); status of ratification)

Article 19

1. The States Parties shall submit to the Committee, through the Secretary-General of the United Nations, reports

on the measures they have taken to give effect to their undertakings under this Convention, within one year after

the entry into force of the Convention for the State Party concerned. Thereafter the States Parties shall submit

supplementary reports every four years on any new measures taken and such other reports as the Committee may

request.

2. The Secretary-General of the United Nations shall transmit the reports to all States Parties.

3. Each report shall be considered by the Committee which may make such general comments on the report as it

may consider appropriate and shall forward these to the State Party concerned. That State Party may respond

with any observations it chooses to the Committee.

4. The Committee may, at its discretion, decide to include any comments made by it in accordance with

paragraph 3 of this article, together with the observations thereon received from the State Party concerned, in its

annual report made in accordance with article 24. If so requested by the State Party concerned, the Committee

may also include a copy of the report submitted under paragraph I of this article.

Article 20

1. If the Committee receives reliable information which appears to it to contain well-founded indications that

torture is being systematically practised in the territory of a State Party, the Committee shall invite that State Party

to co-operate in the examination of the information and to this end to submit observations with regard to the

information concerned.

2. Taking into account any observations which may have been submitted by the State Party concerned, as well as

any other relevant information available to it, the Committee may, if it decides that this is warranted, designate one

or more of its members to make a confidential inquiry and to report to the Committee urgently.

3. If an inquiry is made in accordance with paragraph 2 of this article, the Committee shall seek the co-operation

of the State Party concerned. In agreement with that State Party, such an inquiry may include a visit to its territory.

4. After examining the findings of its member or members submitted in accordance with paragraph 2 of this article,

the Commission shall transmit these findings to the State Party concerned together with any comments or

suggestions which seem appropriate in view of the situation.

5. All the proceedings of the Committee referred to in paragraphs I to 4 of th is article s hall be con fidential , and

at all stages of the proceedings the co-operation of the State Party shall be sought. After such proceedings have

been completed with regard to an inquiry made in accordance with paragraph 2, the Committee may, after

consultations with the State Party concerned, decide to include a summary account of the results of the

proceedings in its annual report made in accordance with article 24.

Article 21

1. A State Party to this Convention may at any time declare under this article that it recognizes the competence of

the Committee to receive and consider communications to the effect that a State Party claims that another State

Party is not fulfilling its obligations under this Convention. Such communications may be received and considered

according to the procedures laid down in this article only if submitted by a State Party which has made a

declaration recognizing in regard to itself the competence of the Committee. No communication shall be dealt with

by the Committee under this article if it concerns a State Party which has not made such a declaration.

Communications received under this article shall be dealt with in accordance with the following procedure;

(a) If a State Party considers that another State Party is not giving effect to the provisions ofthis

Convention, it may, by written communication, bring the matter to the attention of that State Party.

Within three months afler the receipt of the communication the receiving State shall afford the State

which sent the communication an explanation or any other statement in writing clarifying the matter,

which should include, to the extent possible and pertinent, reference to domestic procedures and

remedies taken, pending or available in the matter;

(b) If the matter is not adjusted to the satisfaction of both States Parties concerned within six months

after the receipt by the receiving State of the initial communication, either State shall have the right to

refer the matter to the Committee, by notice given to the Committee and to the other State;

that all domestic remedies have been invoked and exhausted in the matter, in conformity with the

generally recognized principles of international law. This shall not be the rule where the application of

the remedies is unreasonably prolonged or is unlikely to bring effective relief to the person who is the

victim of the violation of this Convention;

(d) The Committee shall hold closed meetings when examining communications under this article;

(e) Subject to the provisions of subparagraph (c), the Committee shall make available its good

offices to the States Parties concerned with a view to a friendly solution of the matter on the basis of

respect for the obligations provided for in this Convention. For this purpose, the Committee may,

when appropriate, set up an ad hoc conciliation commission;

(f) In any matter referred to it under this article, the Committee may call upon the States Parties

concerned, referred to in subparagraph (b), to supply any relevant information;

(g) The States Parties concerned, referred to in subparagraph (b), shall have the right to be

represented when the matter is being considered by the Committee and to make submissions orally

and/or in writing;

(h) The Committee shall, within twelve months after the date of receipt of notice under subparagraph

(b), submit a report:

(i) If a solution within the terms of subparagraph (e) is reached, the Committee shall

confine its report to a brief statement of the facts and of the solution reached;

(ii) If a solution within the terms of subparagraph (e) is not reached, the Committee

shall confine its report to a brief statement of the facts; the written submissions and

record of the oral submissions made by the States Parties concerned shall be attached

to the report.

In every matter, the report shall be communicated to the States Parties concerned.

2. The provisions of this article shall come into force when five States Parties to this Convention have made

declarations under paragraph 1 of this article. Such declarations shall be deposited by the States Parties with the

Secretary-General of the United Nations, who shall transmit copies thereof to the other States Parties. A

declaration may be withdrawn at any time by notification to the Secretary-General. Such a withdrawal shall not

prejudice the consideration of any matter which is the subject of a communication already transmitted under this

article; no further communication by any State Party shall be received under this article after the notification of

withdrawal of the declaration has been received by the Secretary-General, unless the State Party concerned has

made a new declaration.

Article 22

1. A State Party to this Convention may at any time declare under this article that it recognizes the competence of

the Committee to receive and consider communications from or on behalf of individuals subject to its jurisdiction

who claim to be victims of a violation by a State Party of the provisions of the Convention. No communication

shall be received by the Committee if it concerns a State Party which has not made such a declaration.

2. The Committee shall consider inadmissible any communication under this article which is anonymous or which it

considers to be an abuse of the right of submission of such communications or to be incompatible with the

provisions of this Convention.

3. Subject to the provisions of paragraph 2, the Committee shall bring any communications submitted to it under

this article to the attention of the State Party to this Convention which has made a declaration under paragraph I

and is alleged to be violating any provisions of the Convention. Within six months, the receiving State shall submit

to the Committee written explanations or statements clarifying the matter and the remedy, if any, that may have

been taken by that State.

4. The Committee shall consider communications received under this article in the light of all information made

available to it by or on behalf of the individual and by the State Party concerned.

5. The Committee shall not consider any communications from an individual under this article unless it has

ascertained that:

(a) The same matter has not been, and is not being, examined under another procedure of

international investigation or settlement;

(b) The individual has exhausted all available domestic remedies; this shall not be the rule where the

application of the remedies is unreasonably prolonged or is unlikely to bring effective reliefto the

person who is the victim of the violation of this Convention.

6. The Committee shall hold closed meetings when examining communications under this article.

7. The Committee shall forward its views to the State Party concerned and to the individual.

8. The provisions of this article shall come into force when five States Parties to this Convention have made

declarations under paragraph 1 of this article. Such declarations shall be deposited by the States Parties with the

Secretary-General of the United Nations, who shall transmit copies thereof to the other States Parties. A

declaration may be withdrawn at any time by notification to the Secretary-General. Such a withdrawal shall not

prejudice the consideration of any matter which is the subject of a communication already transmitted under this

article; no further communication by or on behalf of an individual shall be received under this article after the

notification of withdrawal of the declaration has been received by the SecretaryGeneral, unless the State Party has

made a new declaration.

Article 23

The members of the Committee and of the ad hoc conciliation commissions which may be appointed under article

21, paragraph I (e), shall be entitled to the facilities, privileges and immunities of experts on mission for the United

Nations as laid down in the relevant sections of the Convention on the Privileges and Immunities of the United

Nations.

Article 24

The Committee shall submit an annual report on its activities under this Convention to the States Parties and to the

General Assembly of the United Nations.

PART III

Article 25

1. This Convention is open for signature by all States. 2. This Convention is subject to ratification. Instruments of

ratification shall be deposited with the Secretary-General of the United Nations.

Article 26

This Convention is open to accession by all States. Accession shall be effected by the deposit of an instrument of

accession with the SecretaryGeneral of the United Nations.

Article 27

1. This Convention shall enter into force on the thirtieth day after the date of the deposit with the

Secretary-General of the United Nations of the twentieth instrument of ratification or accession.

2. For each State ratifying this Convention or acceding to it after the deposit of the twentieth instrument of

ratification or accession, the Convention shall enter into force onthe thirtieth day after the date of the deposit of its

own instrument of ratification or accession.

Article 28

1. Each State may, at the time of signature or ratification of this Convention or accession thereto, declare that it

does not recognize the competence of the Committee provided for in article 20.

2. Any State Party having made a reservation in accordance with paragraph I of this article may, at any time,

withdraw this reservation by notification to the Secretary-General of the United Nations.

Article 29

1 . Any State Party to this Convention may propose an amendment and file it with the Secretary-General of the

United Nations. The SecretaryGeneral shall thereupon communicate the proposed amendment to the States

Parties with a request that they notify him whether they favour a conference of States Parties for the purpose of

considering an d voting upon the proposal. In the event that within four months from the date of such

communication at least one third of the States Parties favours such a conference, the SecretaryGeneral shall

convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of the

States Parties present and voting at the conference shall be submitted by the Secretary-General to all the States

Parties for acceptance.

2. An amendment adopted in accordance with paragraph I of this article shall enter into force when two thirds of

the States Parties to this Convention have notified the Secretary-General of the United Nations that they have

accepted it in accordance with their respective constitutional processes.

3. When amendments enter into force, they shall be binding on those States Parties which have accepted them,

other States Parties still being bound by the provisions of this Convention and any earlier amendments which they

have accepted.

Article 30

1. Any dispute between two or more States Parties concerning the interpretation or application of this Convention

which cannot be settled through negotiation shall, at the request of one of them, be submitted to arbitration. If

within six months from thc date of the request for arbitration the Parties are unable to agree on the organization of

the arbitration, any one of those Parties may refer the dispute to the International Court of Justice by request in

conformity with the Statute of the Court.

2. Each State may, at the time of signature or ratification of this Con vention or accession thereto, declare that it

does not consider itself bound by paragraph I of this article. The other States Parties shall not be bound by

paragraph I of this article with respect to any State Party having made such a reservation.

3. Any State Party having made a reservation in accordance with paragraph 2 of this article may at any time

withdraw this reservation by notification to the Secretary-General of the United Nations.

Article 31

1. A State Party may denounce this Convention by written notification to the Secretary-General of the United

Nations. Denunciation becomes effective one year after the date of receipt of- the notification by the

Secretary-General .

2. Such a denunciation shall not have the effect of releasing the State Party from its obligations under this

Convention in regard to any act or omission which occurs prior to the date at which the denunciation becomes

effective, nor shall denunciation prejudice in any way the continued consideration of any matter which is already

under consideration by the Committee prior to the date at which the denunciation becomes effective.

3. Following the date at which the denunciation of a State Party becomes effective, the Committee shall not

commence consideration of any new matter regarding that State.

Article 32

The Secretary-General of the United Nations shall inform all States Members of the United Nations and all States

which have signed this Convention or acceded to it of the following:

(a) Signatures, ratifications and accessions under articles 25 and 26;

(b) The date of entry into force of this Convention under article 27 and the date of the entry into

force of any amendments under article 29;

Article 33

1. This Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally

authentic, shall be deposited with the Secretary-General of the United Nations.

2. The Secretary-General of the United Nations shall transmit certified copies of this Convention to all States.

Office of the United Nations High Commissioner for Human Rights

Geneva, Switzerland