FROM BONDAGE TO FREEDOM
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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 based 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.”
State Parties have the obligation to prevent and punish not only
acts of torture as defined in the Convention, but also other acts of cruel,
inhuman or degrading treatment or punishment, when such acts are
committed by or at the instigation of or with the consent or acquiescence
of a public official or other person acting in an official capacity.
State Parties have an obligation to take effective legislative,
administrative, judicial or other measures to prevent acts of torture from
occurring on their territories. Measures mentioned in the Convention
include the prohibition and punish ability by appropriate penalties of all
acts of torture in domestic criminal law; education and information
regarding the prohibition against torture to be fully integrated into the
training of law enforcement personnel, civil or military, medical personnel,
public officials and others; the systematic review by State Parties of
interrogation rules, instructions, methods and practices as well as of
arrangements for the custody and treatment of suspects, detainees and
prisoners; guarantees for the prompt and impartial investigation by
competent authorities into allegations of torture; the protection of
witnesses; and the possibility for victims to obtain redress and fair and
adequate compensation and rehabilitation.
In addition, State parties have an obligation not to expel, return or
extradite a person to another State where he or she would be in danger of
being subjected to torture. An act of torture is required to be made an
extraditable offence and a State Party is to take measures to establish its
jurisdiction over crimes of torture committed in any part of its territory
by one of its nationals and when an alleged offender is present on its
territory and not extradited.
In order to monitor and review actions taken by States parties to
fulfill their obligations, the Committee against Torture has certain
procedures at its disposal. The first is the obligation for all State Parties
to submit periodic reports to the Committee for examination, which results
in the adoption of recommendations by the Committee to the State Party
in question. A particular feature of the Convention is that if the Committee
receives reliable information indicating that torture is being systematically