3. Convention against Torture and other Cruel, Inhuman
or Degrading Treatment or Punishment 1984
(Adopted and opened for signature, ratification and accession by General Assembly
resolution 39/46 of 10 December 1984, Entry into force 26 June 1987.)
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 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 3
1.
No State party shall expel, return (“refouler”) or extradite a person to another
State where there are substantial grounds for believing that he would be in
danger of being subjected to torture.
2.
For the purpose of determining whether there are such grounds, the competent
authorities shall take into account all relevant consideration including, where
applicable, the existence in the State concerned of a consistent pattern of
gross, flagrant or mass violations of human rights.
Article 4
1.
Each state party shall ensure that all acts of torture are offences under criminal
law. The same shall apply to an attempt to commit torture and to an act by any
person which constitutes complicity or participation in torture.
2.
Each state party shall make these offences punishable by appropriate penalties
which take into account their grave nature.
Article 8
1.
The offences referred to in article 4 shall be deemed to be included as
extraditable offences in any extradition treaty existing between States Parties.
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