Preventing Torture An Operational Guide for National Human Rights Institutions The National Human Rights Commission of Rwanda has actively lobbied its Government to ratify the Convention against Torture. On 15 December 2008, Rwanda became the 146th State party to the Convention. 2. Promoting legal reform The Convention against Torture contains a number of important measures that contribute to the prevention of torture. When a State ratifies the treaty it is obliged to implement these measures in its domestic laws and policies. NHRIs in these countries have an important role to play to assess whether the national legal framework meets the requirements set out in the Convention against Torture. When this is not the case, NHRIs should use their mandate to promote the necessary legal reforms. In countries with a monist system – where international obligations directly form part of the national legal framework – NHRIs should monitor the situation to assess whether these obligations are respected in practice. Criminalization of torture (article 4) Article 1 of the Convention against Torture provides a clear definition of torture. This definition makes torture distinct from other crimes such as assault, rape or murder, although there may be some overlap with these crimes. The three key elements of the definition of torture include: • that severe pain or suffering – physical or psychological – is inflicted intentionally • it is committed by agents of the State, or with its consent or acquiescence • for a specific purpose, such as obtaining information, punishment or intimidation. The Convention against Torture requires States parties to make torture a specific offence in their national criminal law. The Committee against Torture recommends that States use, as a minimum, the definition provided in the Convention. If it does not already exist, NHRIs should advocate that a specific crime of torture is included in their country’s criminal code, in accordance with article 1 of the Convention. The Convention also requires States to ensure that the crime of torture is punishable with a penalty that takes into account the extremely grave nature of the offence. Inadmissibility of evidence obtained by torture (article 15) The criminal law should clearly state that any evidence obtained under torture is inadmissible in criminal proceedings brought against that person. NHRIs should ensure that this law is respected in practice. Universal jurisdiction to trial torturers (articles 5–9) NHRIs should ensure that legislation exists to enable the State to prosecute any alleged torturer in its territory, 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. If the State is unable to prosecute the offence, it is required to extradite the person to a State which is able and willing to prosecute such a crime. 30 | Chapter 3: Promoting legal and procedural reforms