The United Nations Convention Against Torture : A Commentary

Table of Contents –
Preface;
Note on the Methods of citation;
List of abbreviations;
Introduction;
Convention against Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment; Preamble;
Part I Substantive Article;
Article 1. Definition of Torture;
Article 2. Obligation to Prevent Torture;
Article 3. Principle of Non-Refoulement;
Article 4. Obligation to Criminalize Torture;
Article 5. Types of Jurisdiction over the Offence of Torture;
Article 6. Procedural Safeguards During the Preliminary Investigation Phase;
Article 7. Aut Dedere aut Iudicare;
Article 8. The Convention as a Basis for Extradition;
Article 9. Mutual Judicial Assistance;
Article 10. Training of Personnel;
Article 11. Review of Interrogation and Prison Rules;
Article 12. Ex Officio Investigations;
Article 13. Right of Victims to Complain;
Article 14. Right of Torture Victims to Adequate Remedy and Reparation;
Article 15. Non-Admissibility of Evidence Extracted by Torture;
Article 16. Cruel, Inhuman or Degrading Treatment or Punishment;
PART II: PROCEDURAL ARTICLES;
Article 17. Committee against Torture;
Article 18. Rules of Procedure;
Article 19. State Reporting Procedure;
Article 20. Inquiry Procedure;
Article 21. Inter-State Communications;
Article 22. Individual Complaints Procedure;
Article 23. Privileges and Immunities;
Article 24. Annual Report;
PART III: FINAL CLAUSES;
Article 25. Signature and Ratification;
Article 26. Accession and Succession;
Article 27. Entry into Force;
Article 28. Opting-Out of the Inquiry Procedure;
Article 29. Amendment;
Article 30. Settlement of Disputes;
Article 31. Denunciation;
Article 32. Notification by the Secretary-General;
Article 33. Authentic Texts;
Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
Preamble;
PART I: GENERAL PRINCIPLES;
Article 1. System of Preventive Visits to Places of Detention;
Article 2. Establishment of a UN Subcommittee on Prevention;
Article 3. Establishment of the National Preventive Mechanism;
Article 4. Obligation to allow Preventive Visits to all Places of Detention;
PART II: SUBCOMMITTEE ON PREVENTION;
Article 5. Size and Composition of the Subcommittee on Prevention;
Article 6. Nomination of Subcommittee Members;
Article 7. Election of the Subcommittee;
Article 8. Filling of Vacancies;
Article 9. Term of Office;
Article 10. Rules of Procedures;
PART III: MANDATE OF THE SUBCOMMITTEE ON PREVENTION;
Article 11. Mandate of the Subcommittee;
Article 12. Obligations of States parties to Cooperate with the Subcommittee;
Article 13. Obligation of the Subcommittee concerning Country Missions;
Article 14. Obligation of States Parties to Facilitate Visits by the Subcommittee to Places of Detention;
Article 15. Prohibition of Sanctions against any Source of Information of the Subcommittee; Article 16. Reports of the Subcommittee;
PART IV: NATIONAL PREVENTIVE MECHANISMS;
Article 17. National Preventive Mechanisms;
Article 18. Independence, Pluralism and Efficiency of National Preventive Mechanisms;
Article 19. Mandate and Power of National Preventive Mechanisms;
Article 20. Obligations of States Parties to Facilitate Visits by the National Preventive Mechanisms;
Article 21. Prohibition of Sanctions against any Source of Information of the NPM;
Article 22. Obligation of States Parties to Examine the Recommendations of National Preventive Mechanisms;
Article 23. Annual Report of the National Preventive Mechanism;
PART V: DECLARATION;
Article 24. Temporary Opting-Out Declaration;
PART VI: FINANCIAL PROVISIONS;
Article 25. Financing of the Subcommittee;
Article 26. Special Fund;
PART VII: FINAL PROVISIONS;
Article 27. Signature, Ratification and Accession;
Article 28. Entry into Force;
Article 29. Validity in Federal States;
Article 30. Prohibition of Reservations;
Article 31. Relation to Regional Systems of Preventive Visits to Places of Detention;
Article 32. Relation to the International Committee of the Red Cross;
Article 33. Denunciation;
Article 34. Amendments 1168;
Article 35. Privileges and Immunities;
Article 36. Obligations of Members of the Subcommittee during Country Missions;
Article 37. Authentic Texts;
APPENDICES;
A. Texts relating to the Convention Against Torture;
1. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; 2. Draft Convention Texts;
3. Reservations, Declarations, Notifications and Objections Relating to the Convention;
B. Texts established by the Committee against Torture;
1. Rules of Procedure of the Committee;
2. Guidelines on Reporting;
a) Guidelines on the Form and Content of Initial Reports under Article 19 to be submitted by States Parties to the Convention Against Torture;
b) General Guidelines Regarding the Form and Contents of Periodic Reports to be submitted by States Parties under Article 19, Paragraph 1 of the Convention;
3. Terms of Reference of the Rapporteurs;
a) Terms of Reference of the Rapporteur on New Complaints and Interim Measures;
b) Terms of Reference of the Rapporteur on Follow-up of Decisions on Complaints Submitted under Article 22;
4. General Comment No. 1;
5. Model Communication;
6. Standard Secretariat Response to Registered Individual Communications;
C. Charts and Tables;
1. Reservations, Declarations, Notifications and Objections Relating to the Convention;
2. State Reports;
3. Members of the Committee Against Torture since 1988;
4. Individual Complaints;
5. Individual Complaints Procedure under Article 22;
6. UN Documents Concerning the Convention Against Torture;
a) List of Documents issued for the Committee Against Torture during the Respective Reporting Period;
b) Summary Records of Meetings of the Committee Against Torture;
c) Documents of States Parties' Meetings; d) Summary Records of States Parties' Meetings;
e) Annual Reports; D. Texts relating to the Optional Protocol;
1. Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
2. Draft Optional Protocol Texts;
E. Charts and Tables;
1. Optional Protocol - Status of Ratifications;
2. Members of the Subcommittee;
Bibliography;
Case Index;
Subject index.