Quote: Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment
The General Assembly,
Recalling 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 in its resolution 3452 (XXX) of
9 December 1975,
Recalling also its resolution 32/62 of 8 December 1977, in which it
requested the Commission on Human Rights to draw up a draft convention against
torture and other cruel, inhuman or degrading treatment or punishment, in the
light of the principles embodied in the Declaration,
Recalling further that, in its resolution 38/119 of 16 December 1983, it
requested the Commission on Human Rights to complete, at its fortieth session,
as a matter of highest priority, the drafting of such a convention, with a
view to submitting a draft, including provisions for the effective
implementation of the future convention, to the General Assembly at its
thirty-ninth session,
Noting with satisfaction Commission on Human Rights resolution 1984/21 of
6 March 1984,by which the Commission decided to transmit the text of a draft
convention against torture and other cruel, inhuman or degrading treatment or
punishment, contained in the annex to the report of the Working Group, to the
General Assembly for its consideration,
Desirous of achieving a more effective implementation of the existing
prohibition under international and national law of the practice of torture
and other cruel, inhuman or degrading treatment or punishment,
1. Expresses its appreciation for the work achieved by the Commission
on Human Rights in preparing the text of a draft convention against torture
and other cruel, inhuman or degrading treatment or punishment;
2. Adopts and opens for signature, ratification and accession the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment contained in the annex to the present resolution;
3. Calls upon all Governments to consider signing and ratifying the
Convention as a matter of priority.
ANNEX
Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment
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 instability 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.