Preventing Torture An Operational Guide for National Human Rights Institutions Chapter 2: International and regional instruments on torture and other forms of ill-treatment Key questions • Is the absolute prohibition of torture enshrined in international treaties? • Which provisions of the Convention against Torture contain concrete preventive actions? • What other international and regional treaties are relevant to the prevention of torture? What ‘soft law’ standards apply? 1. Prohibition of torture and other forms of ill-treatment in international treaties There are a number of international and regional instruments that absolutely prohibit torture and illtreatment. 1.1. Universal Declaration of Human Rights The unequivocal prohibition on torture is included in the founding document of the international human rights system: the Universal Declaration of Human Rights. Its article 5 states: “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” The Universal Declaration of Human Rights also says that people have the right to “an effective remedy” if their rights are violated. The Universal Declaration of Human Rights, which sets out the basic human rights standards that apply to all States, forms part of customary international law.19 1.2. International Covenant on Civil and Political Rights Article 7 of the International Covenant on Civil and Political Rights provides that no person “shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” In addition, article 10 states: “All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.” The Covenant provides that anyone claiming that their rights have been violated shall have an effective legal remedy. Further, no derogation is allowed regarding the right not to be subjected to torture and other forms of ill-treatment. 19 One of the sources of international law applicable in the International Court of Justice, according to Article 38 (1)(b) of the Statute of the Court, is “international custom, as evidence of a general practice accepted as law.” The formation of customary international law requires consistent State practice and supporting opinio juris (i.e. a belief that the practice in question “is rendered obligatory by the existence of a rule of law requiring it”; see North Sea Cases, ICJ Rep. (1969) 44, para.77). 16 | Chapter 2: International and regional instruments on torture and other forms of ill-treatment