CAT: A Study on Bangladesh Compliance
definition of torture in Article 1 of the CAT has sketched it as
an official act. This is a reflection of the problem which the
Convention is meant to address, namely, that of torture in
which the authorities of a country are themselves involved
and in respect of which the machinery of investigation and
prosecution might therefore not function normally.13
However, the element of official sanction is stated in very
broad terms and extends to officials who take a passive
attitude, or who turn a blind eye to torture committed
against opponents of the government in power, be it by
unofficial groups or by the authorities.14 The Committee
against Torture makes it clear that the failure of the State
authorities to react to torture amounts to unlawful
acquiescence, which falls under the definition of torture.15
Moreover, the UN Special Rapporteur on Torture, apropos
the notion of “with the consent or acquiescence of a public
official,” noted that “[under international law, this element
of the definition makes the State responsible for acts
committed by private individuals which it did not prevent
from occurring or, if need be, for which it did not provide
appropriate remedies.”16 Therefore, States must be held
13
H J Burgers and H Danelius, The United Nations Convention against Torture: A
Handbook on the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (Dordrecht, Martinus Nijhoff Publishers,
1988), 120.
14
N Rodley, The Treatment of Prisoner under International Law (Oxford: Oxford
University Press, 1999), 100.
15
CAT/C/29/D/161/2000, Communication No. 161/2000.
16
UN Doc. E/CN 4/2001/66/Ad. 1.
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