SOURCES OF INTERNATIONAL LAW ON TORTURE The first reference specifically to ‘torture’ in an international or regional human rights instrument was in the Universal Declaration on Human Rights3 which states at Article 5: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. The wording of the UDHR has been adopted in subsequent international and regional human rights instruments including article 7 of the ICCPR, the European Convention for the Protection of Human Rights and Fundamental Freedoms4 and the American Convention on Human Rights5. The meaning of ‘torture’, generally and in specific circumstances, has also been elaborated on in particular conventions and international texts, as set out below. (i) International human rights instruments on torture Human rights and humanitarian instruments There are several international human rights treaties relevant to torture. These are: • Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT);6 • Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT);7 3 Adopted and proclaimed by General Assembly resolution 217 A (III) of 10 December 1948. The American Declaration of the Rights and Duties of Man of 1948, adopted by the Ninth International Conference of American States, 2 May 1948 was the first regional instrument to allude to torture, although it did not refer to torture specifically. The American Declaration stated that ‘every individual deprived of his liberty has the right … to humane treatment during the time he is in custody’ (Article 25) and that ‘Every person accused of an offence has the right … not to receive cruel, infamous or unusual punishment’ (Article 26). 4 Convention for the Protection of Human Rights and Fundamental Freedoms, 213 UNTS 222, entered into force 3 September 1953, as amended by Protocols Nos 3, 5, 8 and 11 which entered into force on 21 September 1970, 20 December 1971, 1 January 1990 and 1 November 1998 respectively. 5 Adopted by the Inter-American Specialized Conference on Human Rights on 22 November 1969, entry into force 18 July 1978. 6