RTD ANNEXES Annex 1 Briefing Notes Understanding CAT Why should States become a party to CAT ? a) All States within the United Nations family already have obligations under international law, in particular the obligation to observe the prohibition against torture and inhuman and degrading treatment or punishment. The Universal Declaration of Human Rights, proclaimed by the United Nations General Assembly in Paris on 10 December 1948, General Assembly resolution 217 A (III). Article 5: “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment adopted by General Assembly resolution 3452 (XXX) of 9 December 1975 b) The prohibition against torture is one of the key principles of international law. It is a part of jus cogens “the international prohibition of the use of torture enjoys the enhanced status of a jus cogens or peremptory norm of general international law” House of Lords A (FC) and others (FC) v Secretary of State for the Home Department (2004) ; European Court of Human Rights in Soering v United Kingdom (1989) 11 EHRR 439 The prohibition against torture has been described as “ one of the fundamental values of democratic societies ” European Court of Human Rights in Soering v United Kingdom (1989) 11 EHRR 439 c) The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is one of the core treaties of the UN. 149 states have ratified the CAT and many others have signed the Convention. The Convention carries the obligation to prevent torture and other cruel, inhuman or degrading treatment or punishment. 17