Part I Prohibition of torture: The legal background However, this provision is essential because: • torture is not just a form of violent assault, it is an exercise of power over a victim that does not correspond to any other criminal offence • defining torture as a crime underlines the specific nature and gravity of the offence • making torture a specific offence provides a clear warning to officials that the practice is punishable, thereby providing an important deterrent • it emphasizes the need for appropriate punishment, taking into account the gravity of the offence • enhances the ability of responsible officials to monitor the specific crime of torture. The Committee against Torture requires that States parties use, as a minimum, the definition of torture included in article 1 of the Convention. 1.3.6. Universal jurisdiction The Convention obliges each State party to establish its jurisdiction over the crime of torture, irrespective of whether the crime was committed outside its borders and regardless of the alleged perpetrator’s nationality, country of residence or absence of any other relationship with the country (articles 5–9). If the State is unable to prosecute the offence, it is required to extradite the alleged perpetrator to a State which is able and willing to prosecute such a crime. This principle of universal jurisdiction constitutes one of the most important aspects of the Convention.21 Where torture is part of a widespread or systematic attack, or takes place in an armed conflict, those responsible for torture might also be tried by the International Criminal Court, as torture is regarded as a crime against humanity and a war crime. However, many more States have ratified the Convention against Torture, which covers all acts of torture and creates the obligation to exercise universal jurisdiction. 1.3.7. Training officials Article 10 of the Convention requires States parties to take steps to ensure that all law enforcement personnel, medical personnel, public officials and others involved in the deprivation of liberty receive education and information on the prohibition and prevention of torture. 1.3.8. Review of detention procedures Under article 11 of the Convention, States parties are required to keep under systematic review interrogation rules, instructions, methods and practices, as well as custody procedures. These should comply with the United Nations Standard Minimum Rules for the Treatment of Prisoners and the United Nations Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment. 1.3.9. Prompt investigation According to article 12 of the Convention, each State party must establish prompt and impartial investigations whenever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction. This means that, even in the absence of a formal complaint, the relevant authorities must undertake an impartial, effective, independent and thorough investigation as soon as they receive information indicating any instance of torture or ill-treatment. 21 See the decision of the Committee against Torture dealing with the trial of Hissène Habré in Senegal (Suleymane Guengueng and others v. Senegal, Committee against Torture, Communication 181/2001, views adopted on 17 May 2006). Chapter 2: International and regional instruments on torture and other forms of ill-treatment | 19

Select target paragraph3