Preventing Torture An Operational Guide for National Human Rights Institutions - Updated Edition 2.2. Treaties under the Organization of American States The American Convention on Human Rights, adopted in 1969, is a regional treaty under the auspices of the Organization of American States. Article 5 states: Every person has the right to have his physical, mental, and moral integrity respected. No one shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment. All persons deprived of their liberty shall be treated with respect for the inherent dignity of the human person. The Organization of American States has also adopted a specific instrument on torture: the InterAmerican Convention to Prevent and Punish Torture (1985). The Convention contains the following detailed definition of torture (article 2): For the purposes of this Convention, torture shall be understood to be any act intentionally performed whereby physical or mental pain or suffering is inflicted on a person for purposes of criminal investigation, as a means of intimidation, as personal punishment, as a preventive measure, as a penalty, or for any other purpose. Torture shall also be understood to be the use of methods upon a person intended to obliterate the personality of the victim or to diminish his physical or mental capacities, even if they do not cause physical pain or mental anguish. This definition goes further than the one contained in the Convention against Torture by not requiring the pain or suffering to be “severe”; by referring to “any other purpose” rather than “such purpose as”; and by including the reference to methods “intended to obliterate the personality of the victim or diminish his physical or mental capacities”, irrespective of whether such methods cause pain or suffering. The Convention also specifically states that any public official who carries out torture – or who orders it or fails to prevent it – is guilty of a crime and that acting under orders is no defence to the crime. The Convention provides for an absolute prohibition of torture that cannot be suspended under any circumstances. The Inter-American Convention further requires that: • police and other public officials are trained to prevent torture • allegations of torture are investigated and that criminal prosecutions will occur where appropriate • laws are passed to provide compensation for torture victims • statements extracted under torture are not admissible as evidence in legal proceedings • states prosecute or extradite alleged torturers. The Convention also requires States parties to take effective measures to prevent and punish other cruel, inhuman or degrading treatment or punishment. While the Convention does not contain a separate enforcement mechanism, the Inter-American Commission on Human Rights has an obligation to report on the practice of torture in Member States and the Inter-American Court has taken on jurisdiction of this treaty. In addition, the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women (Convention of Belém do Pará) of 1999 specifically recognises the right of women not to be subject to torture (article 4). 2.3. African Charter on Human and Peoples’ Rights The African Charter, adopted by the Organization of African Unity in 1981, states: Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of 34