Part I Prohibition of torture: The legal background The Covenant establishes the Human Rights Committee, which monitors the implementation of the rights set out in the treaty. It does this by examining the reports of States parties, as well as individual communications/complaints received under the treaty’s Optional Protocol. The jurisprudence, general comments and concluding observations adopted by the Human Rights Committee provide important interpretive guidance on the obligations and rights set out in the Covenant. The Covenant is an international treaty that binds all States that have ratified it. The high number of States parties to the Covenant (165 in April 2010) indicates the overwhelming acceptance of the human rights standards that it contains. 1.3. United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is the most comprehensive international treaty dealing with torture. It contains a series of important provisions in relation to the absolute prohibition of torture and establishes the Committee against Torture to monitor the implementation of treaty obligations by States parties. The Committee examines the reports of States parties and individual complaints. The Committee’s concluding observations and its views on individual communications provide an additional aid in interpreting the Convention. In April 2010, 146 States had ratified the Convention. 1.3.1. Definition of torture Article 1 of the Convention provides a definition of torture that contains the following three key elements: • the intentional infliction of severe mental or physical pain or suffering • with the direct or indirect involvement of a public official • for a specific purpose. This definition is considered to be limited in some respects. It confines torture to acts committed by, or in some way involving, agents of the State. If non-State agents carry out torture, public officials must be involved in some way for the State to be held responsible. Article 1 of the Convention against Torture says the act must occur “at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.”20 The fact that specific acts of torture are not itemized in the Convention is, however, one of the strengths of the treaty. A list could never fully itemize or describe every possible method of torture that may be used now or in the future. 1.3.2. Obligation to take preventive measures According to article 2 of the Convention, each State party has an obligation to take all necessary measures to prevent acts of torture. This includes legislative, administrative and judicial measures, as well as any other measures that may be appropriate. This is a legally binding obligation and, when reporting to the Committee against Torture, States parties are required to explain what steps they have taken to implement this obligation. 20 See Elmi v. Australia, Committee against Torture, Communication 120/1998 (views adopted on 14 May 1999), which relates to the definition of “public official” under article 1 of the Convention. In exceptional circumstances where State authority is wholly lacking (Somalia had no central Government at that time), acts by groups exercising quasi-judicial authority could fall within the definition of article 1. Chapter 2: International and regional instruments on torture and other forms of ill-treatment | 17