African Court Cases

CAT

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Adopted on : 12 Oct 1984 Search

Articles

Articles Designation Number of Cases Details
Article Preamble
Preamble
The State Parties to this Convention, CONSIDERING that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the…
0 cases
Article 1
Definition of torture
1. For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally…
0 cases
Article 2
Obligations of state parties
1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its…
0 cases
Article 3
Prohibition of expulsion, refoulement or extradition
1. No State Party shall expel, return ("refouler") or extradite a person to another State where there are substantial grounds for believing that he would be…
0 cases
Article 4
Criminalisation of torture
1. 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…
0 cases
Article 5
Jurisdiction
1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences referred to in article 4 in the following…
0 cases
Article 6
Custody
1. Upon being satisfied, after an examination of information available to it, that the circumstances so warrant, any State Party in whose territory a person…
0 cases
Article 7
Prosecution
1. The State Party in the territory under whose jurisdiction a person alleged to have committed any offence referred to in article 4 is found shall in the cases…
0 cases
Article 8
Extradition
1. The offences referred to in article 4 shall be deemed to be included as extraditable offences in any extradition treaty existing between State Parties. State…
0 cases
Article 9
Mutual judicial assistance
1. State Parties shall afford one another the greatest measure of assistance in connection with criminal proceedings brought in respect of any of the offences…
0 cases
Article 10
Education and training
1. Each State Party shall ensure that education and information regarding the prohibition against torture are fully included in the training of law…
0 cases
Article 11
Interrogation and detention
Each State Party shall keep under systematic review interrogation rules, instructions, methods and practices as well as arrangements for the custody and…
1 cases
Article 12
Investigation
Each State Party shall ensure that its competent authorities proceed to a prompt and impartial investigation, wherever there is reasonable ground to believe…
0 cases
Article 13
Right to complain
Each State Party shall ensure that any individual who alleges he has been subjected to torture in any territory under its jurisdiction has the right to complain…
0 cases
Article 14
Redress
1. Each State Party shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate…
0 cases
Article 15
Evidence
Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any…
0 cases
Article 16
Cruel, inhuman or degrading treatment or punishment
1. Each State Party shall undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which…
0 cases
Article 17
The Committee against Torture
1. There shall be established a Committee against Torture (hereinafter referred to as the Committee) which shall carry out the functions hereinafter provided.…
0 cases
Article 18
Term of office, rules of procedure, staff, meetings
1. The Committee shall elect its officers for a term of two years. They may be re-elected. 2. The Committee shall establish its own rules of procedure, but…
0 cases
Article 19
State reporting procedure
1. The State Parties shall submit to the Committee, through the Secretary-General of the United Nations, reports on the measures they have taken to give…
0 cases
Article 20
Inquiry
1. If the Committee receives reliable information which appears to it to contain well-founded indications that torture is being systematically practised in…
0 cases
Article 21
Inter-state communications
1. A State Party to this Convention may at any time declare under this article that it recognizes the competence of the Committee to receive and consider…
0 cases
Article 22
Individual communications
1. A State Party to this Convention may at any time declare under this article that it recognizes the competence of the Committee to receive and consider…
0 cases
Article 23
Privileges and immunities
The members of the Committee and of the ad hoc conciliation commissions which may be appointed under article 21, paragraph I (e), shall be entitled to the…
0 cases
Article 24
Activity report
The Committee shall submit an annual report on its activities under this Convention to the States Parties and to the General Assembly of the United Nations.
0 cases
Article 25
Signature, ratification
1. This Convention is open for signature by all States. 2. This Convention is subject to ratification. Instruments of ratification shall be deposited with the…
0 cases
Article 26
Accession
This Convention is open to accession by all States. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the…
0 cases
Article 27
Entry into force
1. This Convention shall enter into force on the thirtieth day after the date of the deposit with the Secretary-General of the United Nations of the twentieth…
0 cases
Article 28
Reservations
1. Each State may, at the time of signature or ratification of this Convention or accession thereto, declare that it does not recognize the competence of the…
0 cases
Article 29
Amendment
1 . Any State Party to this Convention may propose an amendment and file it with the SecretaryGeneral of the United NationsThe SecretaryGeneral shall…
0 cases
Article 30
Settlement of disputes
1. Any dispute between two or more State Parties concerning the interpretation or application of this Convention which cannot be settled through negotiation…
0 cases
Article 31
Denunciation
1. A State Party may denounce this Convention by written notification to the Secretary-General of the United Nations. Denunciation becomes effective one year…
0 cases
Article 32
Notification of signatures, ratifications, accessions, entry into force, amendments and denunciations
The Secretary-General of the United Nations shall inform all States Members of the United Nations and all States which have signed this Convention or acceded to…
0 cases
Article 33
Languages
1. This Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the…
0 cases
Article -Treaty
Treaty - CAT
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
0 cases
Article Preamble 0 cases
Designation Preamble
Description The State Parties to this Convention, CONSIDERING that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the equal and inalienable rights of all members of the human…
cases
Article 1 0 cases
Designation Definition of torture
Description 1. For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or…
cases
Article 2 0 cases
Designation Obligations of state parties
Description 1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction. 2. No exceptional circumstances whatsoever, whether a…
cases
Article 3 0 cases
Designation Prohibition of expulsion, refoulement or extradition
Description 1. No State Party shall expel, return ("refouler") or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture. 2. For the purpose…
cases
Article 4 0 cases
Designation Criminalisation of torture
Description 1. 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…
cases
Article 5 0 cases
Designation Jurisdiction
Description 1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences referred to in article 4 in the following cases: (a) When the offences are committed in any territory under…
cases
Article 6 0 cases
Designation Custody
Description 1. Upon being satisfied, after an examination of information available to it, that the circumstances so warrant, any State Party in whose territory a person alleged to have committed any offence referred to in article…
cases
Article 7 0 cases
Designation Prosecution
Description 1. The State Party in the territory under whose jurisdiction a person alleged to have committed any offence referred to in article 4 is found shall in the cases contemplated in article 5, if it does not extradite him,…
cases
Article 8 0 cases
Designation Extradition
Description 1. The offences referred to in article 4 shall be deemed to be included as extraditable offences in any extradition treaty existing between State Parties. State Parties undertake to include such offences as…
cases
Article 9 0 cases
Designation Mutual judicial assistance
Description 1. State Parties shall afford one another the greatest measure of assistance in connection with criminal proceedings brought in respect of any of the offences referred to in article 4, including the supply of all…
cases
Article 10 0 cases
Designation Education and training
Description 1. Each State Party shall ensure that education and information regarding the prohibition against torture are fully included in the training of law enforcement personnel, civil or military, medical personnel, public…
cases
Article 11 1 cases
Designation Interrogation and detention
Description Each State Party shall keep under systematic review interrogation rules, instructions, methods and practices as well as arrangements for the custody and treatment of persons subjected to any form of arrest, detention…
cases
Article 12 0 cases
Designation Investigation
Description Each State Party shall ensure that its competent authorities proceed to a prompt and impartial investigation, wherever there is reasonable ground to believe that an act of torture has been committed in any territory…
cases
Article 13 0 cases
Designation Right to complain
Description Each State Party shall ensure that any individual who alleges he has been subjected to torture in any territory under its jurisdiction has the right to complain to, and to have his case promptly and impartially…
cases
Article 14 0 cases
Designation Redress
Description 1. Each State Party shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation…
cases
Article 15 0 cases
Designation Evidence
Description Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence…
cases
Article 16 0 cases
Designation Cruel, inhuman or degrading treatment or punishment
Description 1. Each State Party shall undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in article I, when such…
cases
Article 17 0 cases
Designation The Committee against Torture
Description 1. There shall be established a Committee against Torture (hereinafter referred to as the Committee) which shall carry out the functions hereinafter provided. The Committee shall consist of ten experts of high moral…
cases
Article 18 0 cases
Designation Term of office, rules of procedure, staff, meetings
Description 1. The Committee shall elect its officers for a term of two years. They may be re-elected. 2. The Committee shall establish its own rules of procedure, but these rules shall provide, inter alia, that: (a) Six members…
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Article 19 0 cases
Designation State reporting procedure
Description 1. The State Parties shall submit to the Committee, through the Secretary-General of the United Nations, reports on the measures they have taken to give effect to their undertakings under this Convention, within one year…
cases
Article 20 0 cases
Designation Inquiry
Description 1. If the Committee receives reliable information which appears to it to contain well-founded indications that torture is being systematically practised in the territory of a State Party, the Committee shall invite…
cases
Article 21 0 cases
Designation Inter-state communications
Description 1. A State Party to this Convention may at any time declare under this article that it recognizes the competence of the Committee to receive and consider communications to the effect that a State Party claims that…
cases
Article 22 0 cases
Designation Individual communications
Description 1. A State Party to this Convention may at any time declare under this article that it recognizes the competence of the Committee to receive and consider communications from or on behalf of individuals subject to its…
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Article 23 0 cases
Designation Privileges and immunities
Description The members of the Committee and of the ad hoc conciliation commissions which may be appointed under article 21, paragraph I (e), shall be entitled to the facilities, privileges and immunities of experts on mission for…
cases
Article 24 0 cases
Designation Activity report
Description The Committee shall submit an annual report on its activities under this Convention to the States Parties and to the General Assembly of the United Nations.
cases
Article 25 0 cases
Designation Signature, ratification
Description 1. This Convention is open for signature by all States. 2. This Convention is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.
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Article 26 0 cases
Designation Accession
Description This Convention is open to accession by all States. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.
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Article 27 0 cases
Designation Entry into force
Description 1. This Convention shall enter into force on the thirtieth day after the date of the deposit with the Secretary-General of the United Nations of the twentieth instrument of ratification or accession. 2. For each State…
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Article 28 0 cases
Designation Reservations
Description 1. Each State may, at the time of signature or ratification of this Convention or accession thereto, declare that it does not recognize the competence of the Committee provided for in article 20. 2. Any State Party…
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Article 29 0 cases
Designation Amendment
Description 1 . Any State Party to this Convention may propose an amendment and file it with the SecretaryGeneral of the United NationsThe SecretaryGeneral shall thereupon communicate the proposed amendment to the State Parties with…
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Article 30 0 cases
Designation Settlement of disputes
Description 1. Any dispute between two or more State Parties concerning the interpretation or application of this Convention which cannot be settled through negotiation shall, at the request of one of them, be submitted to…
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Article 31 0 cases
Designation Denunciation
Description 1. A State Party may denounce this Convention by written notification to the Secretary-General of the United Nations. Denunciation becomes effective one year after the date of receipt of- the notification by the…
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Article 32 0 cases
Designation Notification of signatures, ratifications, accessions, entry into force, amendments and denunciations
Description The Secretary-General of the United Nations shall inform all States Members of the United Nations and all States which have signed this Convention or acceded to it of the following: (a) Signatures, ratifications and…
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Article 33 0 cases
Designation Languages
Description 1. This Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations. 2. The Secretary-General of the…
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Article -Treaty 0 cases
Designation Treaty - CAT
Description Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
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