Part I: Prohibition of torture: The legal background
man, particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and
treatment shall be prohibited.
African Charter on the Rights and Welfare of the Child contains provisions to protect children from
torture and other ill-treatment (articles 16, 17 and 30).
2.4. Arab Charter on Human Rights
Article 8 of the Arab Charter on Human Rights, adopted by the League of Arab States on 22 May
2004 and entered into force 15 March 2008, provides that:
1. No one shall be subjected to physical or psychological torture or to cruel, degrading, humiliating
or inhuman treatment.
2. Each State party shall protect every individual subject to its jurisdiction from such practices and
shall take effective measures to prevent them. The commission of, or participation in, such acts
shall be regarded as crimes that are punishable by law and not subject to any statute of limitations.
Each State party shall guarantee in its legal system redress for any victim of torture and the right
to rehabilitation and compensation.
3. General standards
In addition to these various treaties, there are a number of general standards and professional
principles that are highly relevant to the prevention of torture.
Many of these are soft law standards, which cannot be legally enforced in the same way as treaty
obligations. However, they provide detailed and useful guidelines for interpreting terms such as “cruel,
inhuman or degrading treatment or punishment”, as well as for implementing treaty obligations.
The Committee against Torture, for example, makes reference to the United Nations Standard
Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules), when examining steps taken
by States parties to implement article 11 of the Convention against Torture, which requires them to
keep their detention procedures under review.
3.1. United Nations standards
The United Nations has developed a number of standards and guidelines related to the prevention of
torture. Two key UN instruments on detention are:
• Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules). These are
the primary international standards on detention and cover all aspects of prison management
and the treatment of prisoners, pre-trial and convicted. The Rules were first adopted in 1957
and were revised in 2015 to reflect “advances in correctional sciences and best practices.
Rule 1 is particularly important as it unequivocally prohibits any form of torture or ill-treatment
of persons deprived of their liberty. The revised rules also include other new basic principles
such as dignity, non-discrimination, as well as important news rules on body searches, solitary
confinement, medical ethics and inspections
• Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders
(Bangkok Rules).50 Adopted in 2010, these are the first set of international standards addressing
the specific needs of women and girls in prisons, filling a gap in international standards in this
area. Although adopted in the criminal justice context, the rules are applicable to other types
of detention and provide a reference on gender-sensitive treatment in detention more broadly.51
50
The Bangkok Rules complement the Nelson Mandela Rules and the United Nations Standard Minimum Rules for
Non-custodial Measures (the Tokyo Rules)
51
United Nations Rules for the Treatment of Female Prisoners and Non-Custodial Measures for Women Offenders
(Bangkok Rules), para.14
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