Preventing Torture An Operational Guide for National Human Rights Institutions NHRIs can also refer to this obligation when planning and undertaking activities to prevent torture and ill-treatment of persons deprived of their liberty. 1.3.3. No justification for torture – ever Article 2.2 of the Convention states that “no exceptional circumstances whatsoever” can justify torture. This includes war or the threat of war, political instability, combating terrorism or any other emergency. Orders from a superior officer are also not a justification for torture. Law enforcement and detaining officials should receive training that clearly highlights their obligation to refuse such orders. 1.3.4. Non-refoulement Article 3 of the Convention sets out the principle of non-refoulement, which requires States to not expel, return or extradite a person to another State if there are “substantial grounds” for believing that the person would be in danger of being subjected to torture. The principle of non-refoulement is an illustration of the absolute prohibition of torture and other forms of ill-treatment. It has been undermined in recent years by the practice of some States to seek diplomatic assurances when there are known risks that the person being returned may be subjected to torture or ill-treatment. This practice has been used in the context of the so-called war on terror, with the sending State seeking assurances from the receiving State that the individual in question will not be tortured or subjected to other forms of ill-treatment. This practice is considered to violate the principle of nonrefoulement and is not permissible. 1.3.5. Specific crime of torture Article 4 of the Convention requires each State party to ensure that torture is included as a specific crime in their national criminal law. Image: International Rehabilitation Council for Torture Victims Some States argue that this is unnecessary, as acts of torture would already be covered by existing offences in their criminal codes. 18 | Chapter 2: International and regional instruments on torture and other forms of ill-treatment