Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or
Punishment 1984(CAT)
Historical Background
Adopted and opened for signature, ratification and accession by
General Assembly resolution 39/46 of 10 December 1984 and entry into
force 26 June 1987, in accordance with article 27 (1)
The Convention of Torture was the result of many years’ work,
initiated soon after the adoption of the Declaration on the Protection of All
Persons from Being Subjected to Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (the “Torture Declaration”) by the
General Assembly on 9 December 1975 [Resolution 3452 (XXX)].On 26 June
1987 this evolution culminated in the adoption of the broadly based and this
time legally binding UN Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment.
Aim/Objective of the Convention
“Desiring to make more effective the struggle against
torture and other cruel, inhuman or degrading treatment
or punishment throughout the world.”
(Lene
Wendland)
CAT represents the most important international legal instrument for
the protection of human rights. It defines Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment and the main objective of the
Convention is not only to define it but also to combat and eliminate torture.
Each state party has the sovereign right to decide which measures or actions
are best suited to it for prohibiting, eliminating and even penalizing these
offences under national laws.
Salient Features:
The following are the most important elements of the Convention:
1. A comprehensive definition of Torture including physical and mental
pain whether inflicted, instigated or with the consequinces of a public
official or other person acting in an official capacity.
2. Define the responsibilities of the State party to prevent acts of torture.
3. Impose ban on extradition if there is a doubt that the person extradite
shall be subject to torture;
4. define the act of torture as a criminal offence;
5. Compress the fair treatment to the aggrieved person:
6. Declare the offence of torture as extraditable offences.
7. Promotes education and information regarding prohibition of torture;
8. Encourages to review of laws and practices with a view to preventing
any cases of torture.
9. Demands the Impartial Investigation by the authorities.
10. Provide a right to complain and its prompt redressal by, competent
authorities.
11. Define the evidential value of statement made under Torture.