Serpa soares, delivered opening remarks and moderated a side event on the choice of procedure under article 287 of the united nations convention on the law of the sea, organized by the division for ocean affairs and the law of the sea, office of legal affairs, on the margins of the twentyseventh meeting. The convention against torture cat has an absolute prohibition against expelling, returning, or extraditing a person to another state where there is a risk of torture. Considering that, in accordance with the principles proclaimed in the charter of the united. The united nations convention against torture manfred. An analysis of the 1984 draft convention against torture.
The convention obligates countries who have signed the treaty to prohibit and prevent torture and cruel, inhuman or degrading treatment or punishment in all circumstances. Observations of the committee against torture on the revision of the united nations standard minimum rules for the treatment of. Office of the united nations high commissioner for human rights. All state parties are obliged under the convention to submit regular reports to the cat on how rights are being implemented. Cat is codified in article 3 of the united nations convention against torture and other cruel, inhuman, or degrading treatment or punishment. Convention against torture cat, but theres not much cause for celebration. The question of torture or other cruel, inhuman or degrading treatment or punishment. The convention entered into force on 26 june 1987, in accordance with its article 27, paragraph 1, following the. The convention against torture is the most important international human rights treaty that deals exclusively with torture.
Adopted by the general assembly of the united nations on 10 december 1984 85 no. Cat 55th session 27 july 2015 14 august 2015 10 december 2014 30th anniversary of the convention against torture, 19842014 webcast 1st session of the cat, april 1988. Relief under cat relief under the convention against torture cat is the third form of relief an individual fearing persecution can seek. Available and qualified medical personnel trained in and applying the manual on effective. The convention against torture and other cruel, inhuman or degrading treatment or punishment the torture convention was adopted by the general assembly of the united nations on 10 december. Convention against torture and other cruel, inhuman or. Convention against torture and other cruel, inhuman or degrading treatment or punishment. Convention against torture attorneygenerals department. The united nations committee against torture is responsible for monitoring the compliance of states with their duties under the convention against torture and other cruel, inhuman or degrading treatment or punishment henceforth referred to as the convention. The convention against torture, otherwise referred to as cat, is a special form of protection given to individuals who cannot return to their country because he or she would be in danger of torture.
Full text of convention against torture and other cruel, inhuman or degrading treatment or punishment. Optional protocol to the convention against torture and other cruel,inhuman or. Convention as the legal basis for extradition in respect of such offenses. Interrogation, detention, and torture indiana law journal. List of states which have signed or ratified the convention against torture and other. Discrimination against women, the convention against torture and other cruel, inhuman or degrading treatment or punishment, the convention on the rights of the child, and the international. Vi united nationstreaty series nations uniesrecueil des traits 1987 page no. The committee is one of eight unlinked human rights treaty bodies.
Offers thorough articlebyarticle commentary with historical context and analysis of relevant caselaw from monitoring bodies. Cat article 1 specifies that, for purposes of the convention, torture is. The definitions in this subsection incorporate the definition of torture contained in article 1 of the convention against torture, subject to the reservations, understandings, declarations, and provisos contained in the united states senate resolution of ratification of the convention. Cases that cite to the convention against torture in. Introduction because of persecution, civil war, and economic despair. The main objective of the convention is to lay down obligations on states parties to establish and exercise jurisdiction over the crime of torture.
The state responded by setting up an internal investigations bureau to investigate reports of illtreatment. The committee also had before it a report of the committee against torture document a6444, which is mandated by the united nations torture convention to examine reports of. Her career includes work for the united nations, us congress, oxfords global. Protocol to the convention against torture and other cruel, inhuman or degrading. At the end of this process, the committee will make recommendations to the uk and devolved governments setting out the actions they need to take to comply with the convention. Convention against torture and other cruel, inhuman or degrading treatment or punishment o ii. The main objective of the convention is to lay down obligations on states parties to establish and exercise jurisdiction over the.
How to apply for convention against torture protection by dagmar r. I hereinafter cited as draft convention against torture. United nations convention against torture wikipedia. He claims that his deportation to pakistan would constitute a violation by australia of article 3 of the convention. The convention against torture and other cruel, inhuman or. Risk of torture and illtreatment article of the convention. The united nations convention against torture and other cruel, inhuman or degrading treatment or punishment convention against torture was adopted in 1984 and entered into force in 1987.
Torture has been s tated to mean severe pain or suffering which is intentionally inflicted for a wrongful purpose by a. Torture is a particularly serious violation of human rights and, as such, is strictly condemned by international law and, in particular, by the universal declaration of human rights, article 5, which states that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. The united nations convention against torture and other cruel, inhuman. How effective is the united nations committee against torture. Torture cases in the santiago appeals, the constitutional and chilean supreme courts. The publication of this manual is a direct followup to two significant activities. States which have ratified the convention against torture and made declaration, under article 22, that they agree to allow individual complaints to the committee against torture algeria argentina austria canada denmark ecuador finland france greece hungary italy liechtenstein luxembourg. Convention against torture and other cruel, inhuman or degrading. Uks 6th peridoic report under the united nations convention against torture and other cruel, inhuman or degrading treatment or punishment pdf, 692kb. The united nations convention against torture a commentary manfred nowak and elizabeth mcarthur oxford commentaries on international law. In 2000 the committee had urged the state to incorporate the definition of torture contained in.
Vi united nations treaty series nations uniesrecueil des traits 1987 page no. We want to ensure that a wide range of civil society organisations engage in this. The convention entered into force on 26 june 1987 after it had been ratified by 20 states. Convention against torture next generation treaty that. The convention against torture essay 1122 words bartleby. The united nations convention against torture and other cruel, inhuman, or degrading. Towards a new merger in international law brill publishing, 2008.
The convention against torture is the most comprehensive international treaty dealing with torture. Like withholding of removal, it can only be granted by an immigration judge ij, and not by an asylum officer. Convention on the rights of persons with disabilities and. The united nations convention against torture uncat is the only legally binding convention at the universal level concerned exclusively with the eradication of torture. How to apply for convention against torture protection nolo. The convention against torture and other cruel, inhuman or degrading treatment or punishment the torture convention was adopted by the general assembly of the united nations on 10 december 1984 resolution 3946. Committee, the assembly adopted resolution 3218 xxix. Reaffirming that torture and other cruel, inhuman or degrading treatment or punishment are prohibited and constitute serious violations of human rights, convinced that further measures are necessary to achieve the purposes of the convention against torture and other cruel, inhuman or degrading treatment or punishment hereinafter referredto as. The united states is a signatory to the united nations convention against torture cat. Convention against torture how is convention against.
The drafting history of article 2 of the convention against torture. Convention against torture and other cruel, inhuman or degrading treatment or punishment adopted and opened for signature, ratification and accession by general assembly resolution 3946 of 10 december 1984 entry into force 26 june 1987, in accordance with article 27 1 the states parties to this convention. Chapter i by nigel cantwell, gives the reader an introductory look at the drafting process of the convention within the context of the united nations. Ghana, in april 2016, and provided an important opportunity to combine. Convention against torture and other cruel, inhuman or degrading treatment or punishment adopted and opened for signature, ratification and accession by general assembly resolution 3946 of 10 december 1984 entry into force 26 june 1987, in accordance with article 27. Convention against torture houston immigration lawyers. United states compliance with the convention against torture. Convention against torture united nations office of. Considering that, in accordance with the principles proclaimed in the charter of the united nations. The committee against torture cat is a body of human rights experts that monitors implementation of the united nations convention against torture by state parties. Article 3 of the convention against torture and other cruel, inhuman or degrading treatment or punishment in comparison with the nonrefoulement provisions of other international human rights treaties. This means that the united states may not return a person to a country where it is more likely than not that he or she will be tortured.
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