Convention against Torture and other Cruel, Inhuman or Degrading Treatment
(CAT)
Adopted in 1984 and ratified by New Zealand in 1989
• 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 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.”
• Article 2.1: “Each State Party shall take effective legislative, administrative,
judicial or other measures to prevent acts of torture in any territory under its
jurisdiction.”
• Article 16(1): “Each State Party shall undertake to prevent in any territory
under its jurisdiction other acts of cruel, inhuman or degrading treatment
or punishment which do not amount to torture as defined in article I, 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… .”
Optional Protocol to the Convention Against Torture (OPCAT)
• Article 1: “The objective of the present Protocol is to establish a system of
regular visits undertaken by independent international and national bodies to
places where people are deprived of their liberty, in order to prevent torture
and other cruel, inhuman or degrading treatment or punishment.”
• Article 2.1: “A Subcommittee on Prevention of Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment of the Committee against
Torture (hereinafter referred to as the Subcommittee on Prevention) shall
be established and shall carry out the functions laid down in the present
Protocol.”
• Article 4.1: “Each State Party shall allow visits, in accordance with the
present Protocol, by the mechanisms referred to in articles 2 and 3 to any
place under its jurisdiction and control where persons are or may be deprived
of their liberty, either by virtue of an order given by a public authority or
at its instigation or with its consent or acquiescence (hereinafter referred
to as places of detention). These visits shall be undertaken with a view to
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