Preventing Torture An Operational Guide for National Human Rights Institutions The Convention also specifically states that any public official who carries out torture – or who orders it or fails to prevent it – is guilty of a crime and that acting under orders is no defence to the crime. The Convention provides for an absolute prohibition of torture that cannot be suspended under any circumstances. The Inter-American Convention further requires that: • police and other public officials are trained to prevent torture • allegations of torture are investigated and that criminal prosecutions will occur where appropriate • laws are passed to provide compensation for torture victims • statements extracted under torture are not admissible as evidence in legal proceedings • States prosecute or extradite alleged torturers. The Convention also requires States parties to take effective measures to prevent and punish other cruel, inhuman or degrading treatment or punishment. While the Convention does not contain a separate enforcement mechanism, the Inter-American Commission on Human Rights has an obligation to report on the practice of torture in Member States and the Inter-American Court has taken on jurisdiction of this treaty. 2.3. African Charter on Human and Peoples’ Rights The African Charter, adopted by the Organization of African Unity in 1981, states: Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man, particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited. 2.4. Arab Charter on Human Rights Article 8 of the Arab Charter on Human Rights, adopted by the League of Arab States on 22 May 2004 and entered into force 15 March 2008, provides that: 1. No one shall be subjected to physical or psychological torture or to cruel, degrading, humiliating or inhuman treatment. 2. Each State party shall protect every individual subject to its jurisdiction from such practices and shall take effective measures to prevent them. The commission of, or participation in, such acts shall be regarded as crimes that are punishable by law and not subject to any statute of limitations. Each State party shall guarantee in its legal system redress for any victim of torture and the right to rehabilitation and compensation. 3. General standards In addition to these various treaties, there are a number of general standards and professional principles that are highly relevant to the prevention of torture. These soft law standards cannot be legally enforced in the same way as treaty obligations. However, they provide detailed and useful guidelines for interpreting terms such as “cruel, inhuman or degrading treatment or punishment”, as well as for implementing treaty obligations. 22 | Chapter 2: International and regional instruments on torture and other forms of ill-treatment