2. No exceptional circumstances whatsoever, whether a state
of war or a threat of war, internal political instability or any
other public emergency, may be invoked as a justification of
torture.
3. An order from a superior officer or a public authority may
not be invoked as a justification of torture.”
Article 4 of the Convention against torture states:
Each State Party shall ensure that all acts of torture are
offences under its criminal law. The same shall apply to an
attempt to commit torture and to an act by any person which
constitutes complicity or participation in torture. Each State
Party shall make these offences punishable by appropriate
penalties which take into account their grave nature.
Article 13 of the Convention against Torture requires that a
state shall ensure that victims of torture have the right to
bring a complaint and have this case promptly and
impartially examined by competent authorities.
It should be emphasized that the Convention against Torture
contains both negative and positive obligations. This means
that State Parties must not only prohibit torture, but also
implement appropriate preventive measures and ensure
that victims can access effective remedies. But Bangladesh
made reservation to Article 14 of the Convention against
Torture which imposes obligation on State Parties to pay fair
and adequate compensation to the victims.
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