Preventing Torture An Operational Guide for National Human Rights Institutions - Updated Edition The Covenant establishes the Human Rights Committee, which monitors the implementation of the rights set out in the treaty. It does this by examining the reports of States parties, as well as individual communications/complaints received under the treaty’s Optional Protocol. The jurisprudence, general comments and concluding observations adopted by the Human Rights Committee provide important interpretive guidance on the obligations and rights set out in the Covenant. General comments from the Human Rights Committee that are of particular relevance to the prevention of torture include: • General comment No. 20 on the prohibition of torture, or other cruel, inhuman or degrading treatment or punishment (article 7) • General comment No. 21 on the humane treatment of persons deprived of their liberty (article 10) • General comment No. 35 on liberty and security of person (article 9) • General comment No. 28 on the equality of rights between men and women (article 3) • General comment No. 18 on non-discrimination. The Covenant is an international treaty that binds all States that have ratified it. The high number of States parties to the Covenant indicates the overwhelming acceptance of the human rights standards that it contains. 1.3.United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is the most comprehensive international treaty dealing with torture. It contains a series of important provisions in relation to the absolute prohibition of torture and establishes the Committee against Torture to monitor the implementation of treaty obligations by States parties. The Committee’s general comments provide interpretation and specification of provisions of the Convention to assist States parties in their implementation. So far, the Committee has published general comments on three areas: • General comment No. 2 on the obligation to prevent torture (article 2) • General comment No. 3 on the right to redress (article 14) • General comment No. 4 on the principle of non-refoulement in the context of individual inquiry procedure (articles 3 and 22).34 The Committee also examines the reports of States parties and individual complaints. The Committee’s concluding observations and its views on individual communications provide an additional aid in interpreting the Convention. 1.3.1. Definition of torture Article 1 of the Convention provides a definition of torture that contains the following three key elements: • the intentional infliction of severe mental or physical pain or suffering • with the direct or indirect involvement of a public official • for a specific purpose. 34 28 Replaces the Committee’s General comment No. 1.