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REPORT ON THE ROUND TABLEDISCUSSION (RTD) ON THE CONVENTION

AGAINST TORTURE AND OTHER CRUEL,

INHUMAN OR DEGRADING TREATMENT OR

PUNISHMENT (CAT)



REPORT ON THE ROUND TABLEDISCUSSION (RTD) ON THE CONVENTION

AGAINST TORTURE AND OTHER CRUEL,

INHUMAN OR DEGRADING TREATMENT

OR PUNISHMENT (CAT)

THE HUMAN RIGHTS COMMISSION OF MALAYSIA

Level 11, Menara TH Perdana,

Jalan Sutan Ismail, 50250 Kuala Lumpur.

Email: [email protected]: hp://www.suhakam.org.my

17TH NOVEMBER 2011



First Prinng, 2012

©Human Rights Commission Of Malaysia (SUHAKAM), 2012

Published in Malaysia by,

HUMAN RIGHTS COMMISSION OF MALAYSIA

E-mail : [email protected] : hp://www.suhakam.org.my

Printed in Malaysia by

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Naonal Library of Malaysia Cataloguing in Publicaon Data

All or any poron of this report may be reproduced provided acknowledgement of the source is

made. Nocaon of such use would be appreciated.

Report on the round table discussion (RTD) on the Convenon against

torture and other cruel, inhuman or degrading treatment or punishment (CAT)

ISBN 978-983-2523-72-7 (pbk.)

1. Convenon against Torture and Other Cruel, Inhuman or Degrading Treatment or

Punishment (1984).

2. Torture Prevenon.

3. Torture (Internaonal law).

4. Human rights.

I. Suruhanjaya Hak Asasi Manusia Malaysia. 341.48



CONTENTS

1. Execuve Summary……...................................................................1

2. Background….................................................................................2

3. Chairman’s Opening Remarks……....................................................2

4. Report on the Round Table Discussion (RTD) on

the Convenon against Torture and other Cruel,

Inhuman or Degrading Treatment or Punishment ..........................4

5. The RTD Recommendaons….......................................................12

6. Conclusions…….............................................................................14

7. RTD Annexes..…….........................................................................17

8. The Convenon against Torture and other

Cruel, Inhuman or Degrading Treatment or Punishment (CAT)......38

9. The Oponal Protocol to the Convenon against

Torture and other Cruel, Inhuman or Degrading

Treatment or Punishment…….......................................................53

10. The Universal Declaraon of Human Rights…...............................66



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1. Execuve Summary

The Round Table Discussion (RTD) was organized essenally to promote, and discuss the aendant

issues regarding the Convenon against Torture and other Cruel, Inhuman and Degrading

Treatment or Punishment (CAT). The event was held following the Human Rights Commission

of Malaysia’s (SUHAKAM) recommendaon since its incepon, for the Government to accede

to the Convenon. The discussions and recommendaons made at the RTD would be used to

substanate and strengthen the call for accession to the CAT.

Dr. Silvia Casale, an expert consultant to the Asia Pacic Forum of Naonal Human Rights Instuons

(APF) and an expert to the European Commiee for Prevenon of Torture (CPT) facilitated three of

four sessions of the RTD, while Datuk Dr Khaw Lake Tee, SUHAKAM Commissioner, facilitated one.

The topics presented by Dr. Silvia for discussions ranged from the basic introducon to the CAT,

to substanve and procedural maers under the Convenon with praccal examples of country

pracces and implementaon. Datuk Dr Khaw Lake Tee presented on some domesc challenges

in acceding to the CAT, and the alternave measures that could be taken to replace pracces that

are deemed to constute torture under the Convenon.

The parcipants consisted of representaves from Government agencies and NGOs, human rights

acvists, academicians and SUHAKAM Commissioners and sta. The Government representavesincluded the police and a Malaysian An Corrupon Commission ocer. The RTD was conducted in

an interacve format, where the facilitators ensured the parcipants were given the opportunity

to express their thoughts and opinions on pracces relang to torture, and whether they favoured

Malaysia’s accession to the CAT or otherwise. Some parcipants provided updates on current

commendable naonal pracces in eliminang torture that may conform to the principles under

the CAT. The posive pracces that were highlighted were among Dr. Silvia’s main arguments for

Malaysia’s accession to the CAT.

Due to the vast experiences of the facilitators on torture issues and the diversity of backgrounds of

the parcipants, the RTD made recommendaons that are praccal and realisc in the Malaysian

context, with many of the recommendaons refung the argument that the naonal laws and

policies are hindrances to the country’s accession to the Convenon. The RTD concluded that

with some good naonal pracces against torture, Malaysia is ready to accede to the CAT,

notwithstanding some minor impediments which should not be the reason for non-accession.

The ulmate aim of SUHAKAM, sharing a common goal with some parcipants, was for the

Government to ulmately accede to the CAT and at the same me abolish laws, policies and



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pracces that are not in line with the principles under the Convenon as well as other internaonal

human rights treaes.

2. Background

SUHAKAM was established in 1999. One of the core funcons of SUHAKAM is to recommend to

the Government with regard to the subscripon or accession to treaes and other internaonal

instruments in the eld of human rights. This specic task is entrusted to the Law Reform and

Internaonal Treaes Working Group, now renamed the Research Sub Group.

In fullment of the above funcon, SUHAKAM connuously takes the necessary eorts in urging

the Government to accede to the CAT as well as all the other core internaonal human rights

treaes that Malaysia is yet a party to, while ensuring that the Government complies with the

human rights treaes that have been acceded to or raed.

It is important that the ndings at the RTD are conveyed to the relevant Government bodies,

parcularly the Aorney General’s Chambers, the Ministry of Home Aairs, the Ministry of Foreign

Aairs, the Ministry of Defence, and the religious authories, to emphasise the need to accede to

the CAT, as it is foreseeable that these bodies will play not only a key role in any eorts to accede

to the Convenon, but will be the main players upon accession.

3. Chairman’s Opening Remarks

In his opening remarks, Tan Sri Hasmy Agam, the Chairman of SUHAKAM, welcomed the

parcipants and Dr. Silvia Casale, and expressed his appreciaon for her willingness to facilitate

the sessions in the RTD.

The Chairman reiterated SUHAKAM’s recommendaon, made since its establishment, for the

Government to accede to the CAT, and highlighted the importance of adherence to arcle 5 of the

Federal Constuon which states, “no person shall be deprived of his life or personal liberty, save

in accordance with the law”, given its relevance to the abolion of torture.

The Chairman expressed SUHAKAM’s concerns over media reports and complaints that

the Commission had received on brutality in custody, mistreatment of detainees, coerced

interrogaons, and other forms of human rights violaons occurring at the hands of ocials, and

stated the urgent need for the Government to address these abuses.



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The Chairman also reminded the Government of its commitment and statement at the Universal

Periodic Review (UPR), namely ‘‘ appropriate steps are being taken to recommend the accession

to CAT...” and expressed his hope that the Government would realize the pledge made at that

internaonal plaorm for the benet of the people in the country.

According to the Chairman, accession to the CAT would solidify the implementaon of those

human right treaes to which Malaysia is already a party, namely the Convenon on the Rights of

the Child (CRC) , the Convenon on the Eliminaon of all Forms of Discriminaon against Women

(CEDAW) and the Convenon on the Rights of Persons with Disabilies (CRPD).

The Chairman, however, expressed his disapproval with the Government’s reservaons on arcle

15 of the CRPD and arcle 37 of the CRC, both of which prohibit torture or cruel, inhuman or

degrading treatment or punishment. In the Chairman’s view, these reservaons were extremely

unnecessary and should be removed as they may defeat the purposes of those Convenons in

protecng the groups concerned from physical and mental tortures and violence.

On a more posive note, the Chairman welcomed the Government’s plan to remove the

imposion of whipping on children under the Child Act 2001, and to replace this punishment with

community service. The plan can be seen as a move that is in line with the principles found in

the CAT. The Chairman went on to state that SUHAKAM was very pleased with the Government’s

announcement early this year to accede to the Rome Statute, which to some extent shares some

common principles with the CAT, as such accession would constute a major step towards the

eliminaon of torture and other acts of cruelty, as well as a form of acknowledgement by the state

that the act of torture must not be condoned and tolerated.

Finally, the Chairman urged for the collaboraon and cooperaon among stakeholders in the

move to accede the CAT with the view to ulmately abolish all forms of torturous treatment and

punishment in the country. In order to realize this goal, the Chairman said that it was fundamental

that the human rights principles were adhered to, protected and upheld by everyone.



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REPORT ON THE ROUNDTABLE DISCUSSION (RTD) ON THECONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR

DEGRADING TREATMENT OR PUNISHMENT (CAT)

DATE: 17TH

NOVEMBER 2011

VENUE: MULTAQAM HALL, MAJU JUNCTION

FACILITATORS: i) DR SILVIA CASALE

ii) PROF. DATUK DR KHAW LAKE TEE

1) SESSION 1 : UNDERSTANDING THE CAT (facilitated by Dr. Silvia Casale)

1.1) The Scope and Applicaon of the CAT

State members to the United Naons have exisng obligaons under the internaonal law to

prohibit and prevent torture and inhuman and degrading treatment or punishment, whether or

not a country has raed the CAT. No state can evade the responsibility to eliminate torture.

The prohibion of torture is not a new concept but it is a fundamental part and one of the key

principles of internaonal law. This can be illustrated in the case where the House of Lords in A

(FC) and others (FC) v Secretary of State for the Home Department (2004), stated that:

“the internaonal prohibion of the use of torture enjoys the enhanced status of a jus

cogens or peremptory norm of general internaonal law”.

The European Court of Human Rights in Soering v United Kingdom (1989) 11 EHRR 439, described

the prohibion against torture as “one of the fundamental values of democrac sociees”.

The prohibion of torture is also embodied in the UN Charter and arcle 5 of the Universal

Declaraon of Human Rights, which states, “no one shall be subjected to torture or to cruel,

inhuman or degrading treatment or punishment”.

1.2) The CAT as an Internaonal Human Rights Instrument

Arcle 2(1) of the CAT states:



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“Each State Party shall take eecve legislave, administrave, judicial or other measures to

prevent acts of torture in any territory under its jurisdicon”.

(see other similar requirements in the CAT in Annex 1)

Arcle 1(i) of the CAT denes “torture” as:

“…any act by which severe pain or suering, whether physical or mental, is intenonally inicted

on a person for such purposes as obtaining from him or a third person informaon or a confession,

punishing him for an act he or a third person has commied or is suspected of having commied,

or inmidang or coercing him or a third person, or for any reason based on discriminaon of

any kind, when such pain or suering is inicted by or at the insgaon of or with the consent or

acquiescence of a public ocial or other person acng in an ocial capacity. It does not includepain or suering arising only from, inherent in or incidental to lawful sancons.”

“Prevent” is among the key elements under the CAT in prohibing torture. The CAT does not

establish prohibions, but rather it establishes accountability for state pares that fail to take the

measures underlined in the Convenon.

The treaty bodies primarily facilitate the implementaon of the fundamental principles of

internaonal law that are incorporated into treaes such as the CAT, and they also receive, and

respond to, reports from the state pares. The Commiee against Torture (hereinaer referred to

as the “Commiee”) is established under the CAT to monitor the implementaon of the Convenon

by the state pares. In 2002, the UN adopted the Oponal Protocol to the CAT which established

the Subcommiee on Prevenon of Torture and Other Cruel, Inhuman or Degrading Treatment or

Punishment of the Commiee against Torture (hereinaer referred to as the “Subcommiee on

Prevenon”), an operaonal body that is given a visitaon mandate to inspect places of detenon

within a structured schedule. The UN Special Rapporteur on Torture, on the other hand, visits

upon invitaon from the state pares.

Both the Commiee and the Subcommiee on Prevenon do not have enforcement powers, as

they are only mandated under the respecve Convenons to make recommendaons to the state

pares. The absence of enforcement powers, however, does not aect their eecveness, as they

have the duty to engage in dialogues and cooperaon with the state pares which may be more

eecve in persuading and in recommending to the Governments on related issues.



6

1.3) The Relevance of “other Cruel, Inhuman or Degrading Treatment or

Punishment” 1

Arcle 1 of the CAT only denes “torture”, but not “cruel”, ‘inhuman” and “degrading”. These

three terms are considered as lesser forms of torture, but are acts that could potenally lead

to mental or physical torture if they are seemed to be acceptable and are not prevented early.

Therefore in eliminang torture, prevenon at an early stage is extremely important.

1.4) Compability between the Syariah Laws and the CAT 2

Under the Syariah laws in countries like Malaysia and Maldives, corporal punishment is a valid

sentence. The Maldivian government claimed that the existence of the corporal punishment

under the Syariah laws, though not implemented, is not to inict pain, but rather it is to shame

the oenders. However, although there is no pain involved in the punishment, the intenon to

humiliate the oenders is inconsistent with the objecves of the CAT which include the prevenon

of “degrading” treatment or punishment. The Maldivian Government later acknowledged that

while they did operate under the Syariah laws, they also had obligaons to fulll under the CAT.

1.5) Death Penalty under the CAT 3

The imposion of death penalty by countries per se does not violate the provisions of the CAT,though there are some schools of thought that take the view that the death penalty does amount

to torture, cruel, inhuman and degrading punishment and therefore should come under the

purview of CAT. The main concern of the CAT regarding the death penalty is with the treatment

and punishment of the convicted oender pending execuon, such as prolonged incarceraon

which amounts to cruel and degrading treatment. It should be noted that there are countries

such as those in the European Union that did not abolish the death penalty by virtue of being a

member to CAT, and there are CAT state pares that sll maintain the death penalty under their

laws.

1.6) The Eecveness of Corporal Punishment 4

The eecveness of the imposion of corporal punishment, which amounts to torture, in deterring

crimes should be reviewed. There are countries that do not have corporal punishment under their

laws with no increase in the crime rates.



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2) SESSION 2 : EXAMPLES OF IMPLEMENTATION OF THE CAT

(facilitated by Dr. Silvia Casale)

Once a country accedes to, or raes the CAT, the Commiee will engage with the Government andthe stakeholders to receive reports and informaon on the Convenon’s implementaon, and to

convey their issues of concern and their observaons, and make the necessary recommendaons.

2.1) Example 1- Mongolia

(see Annex 3)

Monggolia raed the CAT in 2000 and the inial report was due in 2003, which was later

examined by the Commiee in 2010.

The Mongolian NGOs in providing facts and informaon to the Commiee, raised both posive

points and some concerns on the implementaon of the Convenon since the accession. The

NGOs commended the Government on the decrease in the incidents of physical ill treatment in

detenon, and for the moratorium on the death penalty as well as the plan to rafy the Oponal

Protocol to the CAT.

The Commiee, however, was concerned with the country’s incomplete denion of torture, the

lack of fundamental safeguards, non-adherence to the principles of non-refoulement, coerced

confessions, violence against women, human tracking, labour exploitaon and poor condions

at the detenon centres, and deplorable condions of custody. In 2011, the Commiee highlighted

to the Government its dissasfacon on the overcrowding in the Denjin Myanga detenon facility

in Ulaanbatar, where 242 detainees were put in a place built for 150 detainees.

The Mongolian Government informed the Commiee of the measures that it had taken in

response to the recommendaons, which included, the gradual improvement of condions in the

centralised detenon facilies, the closure of 6 detenon centres, frequent visits to the detenoncentres, the refurbishment of 10 prisons and the construcon of centres fully compliant with the

internaonal standards.

However, to ensure that the measures taken to improve condion as recommended above did not

create other forms of irregularies or violaons, the Government was asked as to the number of

detainees who were tranferred consequent upon the closure of the facilies and to where they

were placed. The new facilies and building, though in compliance with internaonal standards,

must also be manned by capable sta or else dicules may occur for the people within theprison.



8

2.2) Example 2- Australia

(see Annex 4)

The Commiee recommended that the Australian Government incorporate fully the CATprinciples into its domesc laws, and for an enactment of specic oence of torture. As a result,

the Australian Government enacted the Crimes Legislaon Amendment Act 2009 which denes

“torture” based on arcle 1 of the CAT.

2.3) Discussions on the Arcle 274.2 of Australia’s Crimes Legislaon Amendment

Act 2009

Although based on arcle 1 of CAT, the Australia denion appears to be wider in scope as it

does not incorporate the saving clause provided in CAT, that is, of “ it does not include pain or

suering arising only from, inherent in or incidental to lawful sancons”. An illustraon of a

circumstance that may come under the saving clause, is when a person suers mental torture

due to imprisonment, and feels degraded when being handcued.These experiences cannot be

regarded as torturous and degrading treatment under the CAT, as they are incidental to a legal

process. Under the Australian law, however, such acts may constute torture.

The 20 years of imprisonment for comming the act of torture may amount to torture, due to the

lengthy prison term. The CAT however does not specify specic punishments for state pares to

adopt; it is le to the Governments to decide accordingly.

2.4) The Facilitator’s Views on Torture under the Internal Security Act (ISA)

Suering that arises from the sentences of lawful sancons does not fall under the denion of

torture under the CAT. Lawful sancon is a convicon of oence, for example, the imposion of

penalty under the Penal Code. However, punishments based on suspicions cannot be qualied

as a lawful sancon. Therefore detenons under prevenve laws such as the Malaysian Internal

Security Act (ISA) do not fall under the category of lawful sancon, and are considered illegal and

may amount to torture, despite the fact that the ISA is a valid law in the country.



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3) SESSION 3 : EFFECTIVE MEASURES FOR THE PREVENTION OF TORTURE

(facilitated by Dr. Sivia Casale)

The facilitator reminded the parcipants that Malaysia has stated in its public pledges to the UN

in seeking re-elecon to the Human Rights Council and also in Universal Periodic Review (UPR), to

consider rafying the CAT. With the repeal of ISA, the replacing laws must take into consideraon

measures to prevent torture and ill-treatment.

3.1 Parcipants’ Sharing of Experiences in Measures for Prevenon of Torture

• The Police, since 2006 has incorporated human rights trainings for new police recruits.

The facilitator emphasized that human rights trainings for senior enforcement ocers

are just as important.

• The Malaysian An Corrupon Commission (MACC) had started to video record their

invesgaon session, with a copy of records each given to the suspect and to the central

registry.

• The Commission’s roles in prevenng abuses include:

i) Conducng human rights trainings for enforcement agencies.

ii) Visits to prisons and detenon centres. As a result of some of its recommendaons,

prisons had been able to obtain addional funds to implement the measures

recommended.

The visits must be announced, and the prison and detenon centres must grant

access. It is observed that during these visits, the premises are always clean. This

however may not necessarily reect the condion at other mes.

iii) Conduct invesgaons into allegaons of human rights abuse cases including

deaths in custody. Oen, invesgaons were hampered by the dicules in

obtaining evidence, for example, in invesgang an incident involving a riot in the

prison, no evidence could be obtained as there was no CCTV recording available.

• Access to lawyer is a crucial element in prevenng torture, and the facilitator presented

the following quesons on the lawyer’s accessibility to client:



10

i) Is it normal to have access to lawyer at the outset of custody?

ii) Can the lawyer meet the client privately?

iii) Can the lawyer be present during an interrogaon? Can the lawyer take part

during the interrogaon?

In response, Mr. Andrew Khoo, from the Bar Council, stated that in Malaysia, there is a

constuonal provision that provides for access to a legal counsel at the earliest me

and the grounds of arrest must be informed immediately to the person arrested. The

law also allows the suspension of such rights in certain circumstances.

Mr. Khoo also informed that there is a signicant dierence in procedure between

cizen and non-cizen arrest, in which for cizens, they must be brought to a Magistrate

within 24 hours, but for non cizens the spulated me to bring them to a Magistrate

is within 14 days.

The police representave informed that there are 3 instances under Secon 28A(8) of

the Criminal Procedure Code (CPC) when the constuonal right to legal representaon

is suspended; when there is a risk of evidence being destroyed; when a life of another

person is endangered; and when it is likely that an accomplice of the person arrested

may take steps to avoid apprehension.

• In prevenng torture, the facilitator informed that the Commiee does not only

make recommendaons with regard to torture and ill treatment. Issues taken into

consideraon include the right to a lawyer as well as the right to a doctor, as experienced

doctors can tell if the injuries are due to torture or ill treatment.

• Dr. Silvia commended the Government for some of the steps taken, as shared by the

parcipants above. She commented that these posive steps should be a strong basis

for the Government in considering the accession to the CAT, instead of focusing on the

inconsistencies with the Convenon.

(see other eecve measures for prevenon of torture in Annex 5)



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4) SESSION 4 : OPEN DISCUSSION ON IMPLEMENTING CAT IN MALAYSIA

(facilitator: Prof Datuk Dr. Khaw Lake Tee)

Discussion Quesons:

4.1) What are the foreseeable challenges that Malaysia will have to meet in

being a signatory to CAT?

• Law reforms, under which all laws, including Syariah laws, having the elements

of torture as dened under the CAT will have to be reviewed or repealed. Laws on

confession will need to be amended. There will also be a need for judicial reform.

Malaysia may not be ready for such big move.

• There is no specic law on the prohibion of torture as emphasized under the

Convenon.

• Malaysia’s ocial posion is that it will only accede to internaonal treaes once the

laws and pracces are in compliance with those treaes.

• Procedures for post mortem on deaths may need to be ghtened or changed, to

determine if the death is due to torture or ill treatment.

• Administrave reforms, where the enforcement agencies, prison departments, the

military, etc., will need to do away with pracces that are not in conformity with the

CAT. Trainings and awareness raising will be necessary and it may take me before

there are any changes in pracces.

• The Government’s possible reluctance to accept the denion of “torture” under

arcle 1 (fundamental provision) of the CAT, as evident from Malaysia’s reservaons on

arcles relang to torture in the CRPD and the CRC.

4.2) What are the concerns of Government regarding the interrogaon techniques,

corporal punishment, etc?

• The Government aims to reduce crime rates, and harsh interrogaon techniques as well

as corporal punishment may be seen as a form of deterrence against crime.

• As a large sector of the Malaysian public may support corporal punishment, there

may be negave reacons from the public should corporal punishment be abolished,

especially for serious crimes.



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• The enforcement agencies are under pressure to resolve cases expediously and may

view non heavy-handed techniques in interrogaon as ineecve.

4.3) What alternaves can be ulized in replacing violent interrogaons, corporal

punishments etc?

• Repeal secon 28A (8) of the Criminal Procedure Code (CPC) which may deny lawyer’s

access to the client during invesgaons throughout the interrogaon process to avoid

possible abuses against their clients.

• Increased jail term, or where appropriate, impose community service, to replace

corporal punishment. The proposal to replace whipping with community service under

the Child Act 2001 should also be extended to other laws where possible.

Other Informaon from Session 4:

• The Police informed that since the proposal for the establishment of the Independent

Police Complaints and Misconduct Commission (IPMC), there had been greater

compliance by the police, for example, in informing arrested persons of the grounds of

arrest and in facilitang the right to contact family and lawyers.

Complaints against the police are now handled by the disciplinary board which is

answerable to the Inspector-General of Police (IGP).

• Dr. Silvia Casale informed that there is an addional step under the CAT which allows for

an interstate complaint, for foreigners who have been tortured in another state party.

5) The RTD Recommendaons

Below are the recommendaons taken from the overall discussions at the RTD, as well as from theopening and closing remarks made by the Chairman of the Commission:-

• The Government should accede to the CAT as soon as possible, as the country is

a member to the Human Rights Council and the Government has already given its

commitment under the Universal Periodic Review Report (UPR) to accede to the

Convenon.

• Internaonal customary laws already dictate that a country has to take measures

to prevent and prohibit torture, even without the accession to the CAT. Hence the



13

Government should uphold the principles of the prohibion of torture by taking all

the necessary measures in eliminang torture.

• The imposion of the death penalty in the country per se will not amount to

torture under the CAT. Hence, it should not be seen as a hindrance in acceding to

the Convenon.

• In order to demonstrate disapproval against torture, the Government must remove

the reservaon to the arcles that prohibit torture under the Convenon on the

Rights of the Child (CRC) (arcle 37) and the Convenon on the Rights of Persons

with Disabilies (CRPD) (arcle 15).

• The Government must look into alternave punishments that do not amountto torture as dened under the Convenon. For example, whipping as a form of

punishment for adults should be replaced by community service.

• The accession to the CAT should not be seen as a burden to Malaysia; rather the

adherence to the Convenon will benet the Government as well as the people in

the country.

• Malaysia should not consider itself ready to accede to the CAT only when the laws

and policies seem to be in compliance with the Convenon, because the accession

should be the basis of gradual changes and improvements and realiscally there is

no state party that is in total adherence to the CAT.

• The Government should review the eecveness of corporal punishment, coerced

interrogaons, and other forms of measures that amount to torture under the

Convenon in deterring crimes as well in geng informaon.

• In considering the accession to the CAT, it is not necessary for the Government to

seek public consensus or views, just as it had not done so in relaon to many other

issues of public concerns in the past.

• The laws that are to replace the Internal Security Act (ISA) must uphold the principle

of prohibion of torture.

• The Commission, through amendments to the SUHAKAM Act, should be allowed to

visit prisons and detenon centres without prior noce.



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6) Conclusions

Based on the discussions and the presentaons by the facilitators, the Chairman of SUHAKAM

concluded during his closing remarks that Malaysia was ready to accede to the CAT and there was

no reason for not doing so. The Chairman urged the Government to be in the rank of countries

that gave due respect to human rights, and that had acceded to the CAT, and he expressed the

importance of the leading role that can be taken by the Ministry of Foreign Aairs in realizing

this. In relaon to pracces and acts deemed to be torturous perpetrated by some Muslims, the

Chairman urged the Muslim countries and communies to play their part in erasing the negave

images in order to portray what their religion truly stood for to the world.

Dr. Silvia Casale’s presentaons had demonstrated how CAT, together with the funcons of the

Commiee, could assist Malaysia in eradicang the pracce of torture. She also illustrated how

some inconsistencies with the CAT were no major hindrance for a country’s accession, as it is

almost impossible for a country to be at a total compliance with the Convenon. Despite the

challenges in acceding to the Convenon, gradual changes were feasible, and the alternave

measures, like the increase of jail term or the imposion of community service as suggested in the

session moderated by Datuk Khaw Lake Tee, were possible although it would take me.



15

RTD PHOTOGRAPHS

SUHAKAM’s Chairman, Tan Sri Hasmy Agam delivering the opening speech

Dr. Silvia Casale during her presentaon at the RTD



17

RTD ANNEXES

Annex 1

Brieng Notes Understanding CAT

Why should States become a party to CAT ?

a) All States within the United Naons family already have obligaons under internaonal law, in

parcular the obligaon to observe the prohibion against torture and inhuman and degrading

treatment or punishment.

The Universal Declaraon of Human Rights, proclaimed by the United Naons General Assembly

in Paris on 10 December 1948, General Assembly resoluon 217 A (III).

Arcle 5: “No one shall be subjected to torture or to cruel, inhuman or degrading treatment orpunishment.”

Declaraon on the Protecon of All Persons from Being Subjected to Torture and Other Cruel,

Inhuman or Degrading Treatment or Punishment

adopted by General Assembly resoluon 3452 (XXX) of 9 December 1975

b) The prohibion against torture is one of the key principles of internaonal law.

It is a part of jus cogens

“the internaonal prohibion of the use of torture enjoys the enhanced status of

a jus cogens or peremptory norm of general internaonal law”

House of Lords A (FC) and others (FC) v Secretary of State for the Home Department (2004) ;

European Court of Human Rights in Soering v United Kingdom (1989) 11 EHRR 439

The prohibion against torture has been described as

“ one of the fundamental values of democrac sociees ”

European Court of Human Rights in Soering v United Kingdom (1989) 11 EHRR 439

c) The Convenon against Torture and Other Cruel, Inhuman or Degrading Treatment or

Punishment is one of the core treaes of the UN.

149 states have raed the CAT and many others have signed the Convenon.

The Convenon carries the obligaon to prevent torture and other cruel, inhuman or degrading

treatment or punishment.



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Arcle 2 of the Convenon against Torture

1. Each state shall take eecve legislave, administrave, judicial and other measures

to PREVENT ACTS of TORTURE in any territory under its jurisdicon.

What does it mean that CAT is a human rights instrument ?

Human rights law reects the principles in the Charter of the United Naons

Recognises the equal and inalienable rights of all human beings

Reiterates the obligaon of all States to promote respect for and observance of human rights

The 192 member states of the UN (+ the Holy See and Cook Islands) have all raed the 1949

Geneva Convenons and many states have also raed the 9 core human rights treaes forming

a body of internaonal law emanang from the UN.

Internaonal Covenant on Civil and Polical Rights (1966)

Internaonal Covenant on Economic, Social and Cultural Rights (1966)

Convenon on the Eliminaon of All Forms of Racial Discriminaon (1965)

Convenon on the Eliminaon of All Forms of Discriminaon against Women (1979) and its

oponal protocol (1999)

Convenon against Torture and Other Cruel, Inhuman or Degrading Treatment (1984) and the

Oponal Protocol (2006)

Internaonal Convenon on the Protecon of the Rights of All Migrant Workers and Members of

Their Families (1990)

Convenon on the Rights of the Child (1989) and its oponal protocols (2000)

Internaonal Convenon on the Rights of Persons with Disabilies (2006)

Internaonal Convenon for the Protecon of All Persons from Enforced Disappearance (2006)

CAT racaons - Australia, Bangladesh, Cambodia, China, Indonesia, Japan, Mongolia, New

Zealand, Pakistan, Philippines, Seychelles, Sri Lanka, Thailand, Timor Leste, Vanuatu and CAT

signatory: India

OPCAT 3 racaons – Cambodia, Maldives and New Zealand



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What are the requirements of CAT ?

(a) Substanve requirements of CAT

The State is required to

“take eecve legislave, administrave, judicial or other measures to prevent acts of torture in

any territory under its jurisdicon. Arcle 2, CAT

refrain from expelling, returning or extrading a person to another State where there are

substanal grounds for believing that he would be in danger of being subjected to torture.

Arcle 3 CAT

“ensure that all acts of torture are oence s under its criminal law”

and “make these oences punishable by appropriate penales which take account of theirgrave nature Arcle 4 CAT

ensure that educaon and informaon regarding the prohibion against torture are fully

included in the training of law enforcement personnel, civil or military, medical personnel, public

ocials and other person who may be involved in the custody, interrogaon or treatment of any

individual subjected to any form of arrest, detenon or imprisonment

and include this prohibion in the rules or instrucons in regard to the dues and funcons of

any such person. Arcle 10, CAT

keep under systemac review interrogaon rules, instrucons, methods and pracces as well as

arrangements for custody and treatment of persons subjected to any form of arrest, detenon

or imprisonment with a view to prevenng cases of torture Arcle 11, CAT

ensure a prompt and imparal invesgaon when there are reasonable grounds to believe act of

torture has been commied Arcle 12, CAT

ensure right to complain about allegaons of torture

and protecon of complainant against reprisals Arcle 13, CAT

ensure vicms of torture obtain redress in its legal system Arcle 14, CAT

ensure exclusion as evidence of statements made under torture Arcle 15, CAT

prevent other acts of cruel, inhuman or degrading treatment or punishment Arcle 16, CAT



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(b) Procedural obligaons of States under the CAT?

Like the other commiees of the core treaes, CAT monitors implementaon of its treaty mainly

by a reporng system. Since racaon does not guarantee compliance, each treaty body has

such a commiee made up of independent experts.

States may choose to cooperate with the CAT on condenal inquiries - Arcle 20 and on

individual complaints - Arcle 22. These are not automac obligaons but a maer of choice.

[In addion those States who choose to rafy the Oponal Protocol to the CAT must cooperate

with the OPCAT treaty body, the SPT, which carries out monitoring visits in all places where

people may be deprived of liberty and establish their own naonal prevenve mechanisms, as

part of a system of regular prevenve vising.]

Racaon of the CAT obliges the State to comply with the reporng process.

All States pares are obliged to submit regular reports to the Commiee on how the rights

under the Convenon are being implemented.

Ø New State Pares must report inially one year aer acceding to the CAT

Ø Aer that, they must make supplementary reports every four years on any new

measures taken

and they may be asked to submit other reports (rare)

How does the Commiee work and monitor implementaon by States Pares?

The Commiee Against Torture (CAT) is the body of 10 independent experts that monitors

implementaon of the CAT in all States Pares to the CAT. The Commiee meets for a four-week

session twice a year in Geneva, normally in May and November and examines 8 or 9 reports per

session.



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Preparing reports for the CAT

The process of preparing their reports for the treaty bodies not only as an aspect of the

fullment of their internaonal obligaons, but also as an opportunity to take stock of the

state of human rights protecon within their jurisdicon for the purpose of policy planning andimplementaon, by

(a) conducng a comprehensive review of the measures it has taken to

harmonize naonal law and policy with the provisions of the relevant

internaonal human rights treaes to which it is a party;

(b) monitoring progress made in promong the enjoyment of the rights set forth

in the treaes in the context of the promoon of human rights in general;

(c) idenfying problems and shortcomings in its approach to the

implementaon of the treaes; and

(d) planning and developing appropriate policies to achieve these goals.

Reports are expected to address both the de jure and the de facto situaon with regard to the

implementaon of the provisions of the treaes to which States are a party.

The reporng process encourages and facilitates public scruny of government policies and

construcve engagement with relevant actors of civil society conducted in a spirit of cooperaon

and mutual respect, with the aim of advancing the enjoyment by all of the rights protected by

the relevant convenon.

The stages of the CAT reporng system:

1. Commiee receives a report from a State

2. two CAT members acng as country rapporteurs analyse the report and dra a List of

Issues (LOI).

3. Commiee considers and adopts a nal LOI at a session in Geneva

4. Commiee sends the LOI to the State and designates the next session in Geneva for

examinaon of the report

5. the State Party replies to the LOI before the designated session

6. NGOs and NHRIs may submit info to the CAT in wring before the session

7. Commiee meets NGOs and NHRIs in private before examinang the report

8. the State’s delegaon and the CAT have an interacve dialogue at the public session

(accredited NGOs and NHRIS may aend but not intervene)

9. Commiee adopts concluding observaons, including concerns and recommendaons,

reecng the Commiee’s posion on implementaon of the Convenon in the State

Party and of its previous recommendaons some of which are to be followed-upwithin one year.



22

10. Commiee transmits its concluding observaons to the State Party for

implementaon,

11. Commiee makes public its concluding observaons on the last day of the session and

posts them on the website.

12. The State may respond to the Commiee with any observaons it chooses.

13. The Commiee may decide to include its comments and the state’s observaons in the

CAT annual report; the State’s report may be included if the State requests.

Other non-mandatory elements of CAT

The Condenal Inquiry Procedure Arcle 20, CAT

If the CAT receives reliable informaon apparently on well-founded indicaons that torture isbeing systemacally pracsed, the CAT invites the State Party to co-operate in examining the

info and to submit observaons on the info

Taking account of the info, any observaons submied and any other relevant info, the CAT may

decide to designate 1 or more members to make a condenal inquiry. In agreement with the

State concerned , the inquiry may include a visit.

The CAT will examine the ndings of the inquiry and transmit them to the State with any

comments or suggesons it deems appropriate.

Individual Complaints Arcle 22, CAT

The Commiee may consider individual complaints or communicaons from individuals claiming

that their rights under the Convenon have been violated.

This only applies if the State has recognised the Commiee’s competence to receive such

complaints.

Inter-state complaints Arcle 21, CAT

The Commiee may also consider inter-state complaints, if a State has declared it recognises

the Commiee’s competence to receive and consider to the eect that a State Party claims

another state Party is not fullling its obligaons

General Comments

The Commiee also publishes its interpretaon of the content of the provisions of the

Convenon, known as general comments on themac issues



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Related materials

CAT Guidelines for reporng by States Pares

All UN human rights treaty bodies, including the Commiee against Torture, have adoptedtreaty-specic reporng guidelines to assist States pares in the preparaon of inial and

periodic reports. Following a recommendaon by the Inter-Commiee Meeng of the human

rights treaty bodies in 2008, all treaty bodies are encouraged to adopt their revised guidelines

by the end of 2009. As part of eorts to harmonize treaty reporng, it also reiterated that States

Pares should use the guidelines on a common core document and treaty-specic document

when subming a report to any human rights treaty body.

The Commiee aaches great importance to the inclusion in the State reports of informaon

related to the de facto implementaon of the Convenon as well as factors and dicules

aecng such implementaon. The Commiee welcomes the involvement of naonal

instuons for the protecon and promoon of human rights (NHRIs) and non-governmentalorganizaons (NGOs) in the process of consultaons leading to the preparaon of reports by

Governments. The Commiee also encourages NHRIs and NGOs to directly provide informaon

on the implementaon of the provisions of the Convenon at the naonal level (see secon VIII

below).

Reports under the revised reporng system will consist of two parts: the common core

document and the treaty-specic document. In accordance with the dierent periodicity

requirements of treaes, submission of these reports under dierent treaes may not be due at

the same me. However, States could coordinate the preparaon of their reports in consultaon

with the relevant treaty bodies with a view to subming their reports not only in a melymanner, but with as lile me lag between the dierent reports as possible. This will ensure that

States receive the full benet of subming informaon required by several treaty bodies in a

common core document.

States can benet from technical assistance from the Oce of the United Naons High

Commissioner for Human Rights (OHCHR) in collaboraon with the Division for the Advancement

of Women (DAW), and from relevant United Naons agencies.



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Annex 2



25



26



27



28



29

Annex 3



30



31



32



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Annex 4

AN EXAMPLE OF COMPLIANCE ?

(A) The denion of “torture” in the Convenon against Torture Arcle 1

1. For the purposes of this Convenon, the term “torture” means any act by which severe pain

or suering, whether physical or mental, is intenonally inicted on a person for such purposes

as obtaining from him or a third person informaon or a confession, punishing him for an act he

or a third person has commied or is suspected of having commied, or inmidang or coercing

him or a third person, or for any reason based on discriminaon of any kind, when such pain or

suering is inicted by or at the insgaon of or with the consent or acquiescence of a public

ocial or other person acng in an ocial capacity. It does not include pain or suering arising

only from, inherent in or incidental to lawful sancons.

(B) The Crimes Legislaon Amendment Act 2009

Arcle 274.2 Torture

(1) A person (the perpetrator) commits an oence if the perpetrator:

(a) engages in conduct that inicts severe physical or metal pain or suering on a person

(the vicm) ; and

(b) the conduct is engaged in:

(i) for the purpose of obtaining from the vicm or from a third person

informaon or a confession; or

(ii) for the purpose of punishing the vicm for an act which the vicm or a third person

has commied or is suspected of having commied; or

(iii) for the purpose of inmidang or coercing the vicm or a third person; or

(iv) for a purpose related to a purpose menoned in subparagraph (i)(ii) or (iii); and

(a) the perpetrator engages in the conduct:

(i) in the capacity of a public ocial; or

(ii) acng in an ocial capacity; or

(iii) acng at the insgaon, or with the consent or acquiescence of a public ocial or

other person acng in an ocial capacity.

Penalty: imprisonment for 20 years

(2) A person (the perpetrator) commits an oence if the perpetrator:

(a) engages in conduct that inicts severe physical or mental pain or suering on a person: and

(b) the conduct is engaged in for any reason based on discriminaon of any kind; and

(a) the perpetrator engages in the conduct:

(i) in the capacity of a public ocial; or

(ii) acng in an ocial capacity; or

(iii) acng at the insgaon, or with the consent or acquiescence of a public ocial or

other person acng in an ocial capacity.

Penalty: imprisonment for 20 years



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Annex 5



35



36



37



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Convenon against Torture and Other Cruel, Inhuman or DegradingTreatment or Punishment

Adopted and opened for signature, racaon and accession by

General Assembly resoluon 39/46 of 10 December 1984

entry into force 26 June 1987, in accordance with arcle 27 (1)

The States Pares to this Convenon,

Considering that, in accordance with the principles proclaimed in the Charter of the United

Naons, recognion of the equal and inalienable rights of all members of the human family is the

foundaon of freedom, jusce and peace in the world,

Recognizing that those rights derive from the inherent dignity of the human person,

Considering the obligaon of States under the Charter, in parcular Arcle 55, to promote

universal respect for, and observance of, human rights and fundamental freedoms,

Having regard to arcle 5 of the Universal Declaraon of Human Rights and arcle 7 of the

Internaonal Covenant on Civil and Polical Rights, both of which provide that no one shall be

subjected to torture or to cruel, inhuman or degrading treatment or punishment,

Having regard also to the Declaraon on the Protecon of All Persons from Being Subjected

to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the

General Assembly on 9 December 1975,

Desiring to make more eecve the struggle against torture and other cruel, inhuman or degrading

treatment or punishment throughout the world,

Have agreed as follows:

PART I

Arcle 1

1. For the purposes of this Convenon, the term “torture” means any act by which severe

pain or suering, whether physical or mental, is intenonally inicted on a person for such



39

purposes as obtaining from him or a third person informaon or a confession, punishing

him for an act he or a third person has commied or is suspected of having commied, or

inmidang or coercing him or a third person, or for any reason based on discriminaon of

any kind, when such pain or suering is inicted by or at the insgaon of or with the consentor acquiescence of a public ocial or other person acng in an ocial capacity. It does not

include pain or suering arising only from, inherent in or incidental to lawful sancons.

2. This arcle is without prejudice to any internaonal instrument or naonal legislaon which

does or may contain provisions of wider applicaon.

Arcle 2

1. Each State Party shall take eecve legislave, administrave, judicial or other measures toprevent acts of torture in any territory under its jurisdicon.

2. No exceponal circumstances whatsoever, whether a state of war or a threat of war, internal

polical in stability or any other public emergency, may be invoked as a juscaon of torture.

3. An order from a superior ocer or a public authority may not be invoked as a juscaon

of torture.

Arcle 3

1. No State Party shall expel, return (“refouler”) or extradite a person to another State where

there are substanal grounds for believing that he would be in danger of being subjected to

torture.

2. For the purpose of determining whether there are such grounds, the competent authories

shall take into account all relevant consideraons including, where applicable, the existence

in the State concerned of a consistent paern of gross, agrant or mass violaons of human

rights.

Arcle 4

1. Each State Party shall ensure that all acts of torture are oences under its criminal law.

The same shall apply to an aempt to commit torture and to an act by any person which

constutes complicity or parcipaon in torture. 2. Each State Party shall make these

oences punishable by appropriate penales which take into account their grave nature.



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Arcle 5

1. Each State Party shall take such measures as may be necessary to establish its jurisdicon

over the oences referred to in arcle 4 in the following cases: (a) When the oences are

commied in any territory under its jurisdicon or on board a ship or aircra registered in

that State;

a. When the alleged oender is a naonal of that State;

b. When the vicm is a naonal of that State if that State considers it appropriate.

2. Each State Party shall likewise take such measures as may be necessary to establish its

jurisdicon over such oences in cases where the alleged oender is present in any territoryunder its jurisdicon and it does not extradite him pursuant to arcle 8 to any of the States

menoned in paragraph I of this arcle.

3. This Convenon does not exclude any criminal jurisdicon exercised in accordance with

internal law.

Arcle 6

1. Upon being sased, aer an examinaon of informaon available to it, that the circumstancesso warrant, any State Party in whose territory a person alleged to have commied any oence

referred to in arcle 4 is present shall take him into custody or take other legal measures to

ensure his presence. The custody and other legal measures shall be as provided in the law of

that State but may be connued only for such me as is necessary to enable any criminal or

extradion proceedings to be instuted.

2. Such State shall immediately make a preliminary inquiry into the facts.

3. Any person in custody pursuant to paragraph I of this arcle shall be assisted in communicang

immediately with the nearest appropriate representave of the State of which he is a naonal,

or, if he is a stateless person, with the representave of the State where he usually resides.

4. When a State, pursuant to this arcle, has taken a person into custody, it shall immediately

nofy the States referred to in arcle 5, paragraph 1, of the fact that such person is in custody

and of the circumstances which warrant his detenon. The State which makes the preliminary

inquiry contemplated in paragraph 2 of this arcle shall promptly report its ndings to the

said States and shall indicate whether it intends to exercise jurisdicon.



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Arcle 7

1. The State Party in the territory under whose jurisdicon a person alleged to have commied

any oence referred to in arcle 4 is found shall in the cases contemplated in arcle 5, if

it does not extradite him, submit the case to its competent authories for the purpose of

prosecuon.

2. These authories shall take their decision in the same manner as in the case of any ordinary

oence of a serious nature under the law of that State. In the cases referred to in arcle 5,

paragraph 2, the standards of evidence required for prosecuon and convicon shall in no

way be less stringent than those which apply in the cases referred to in arcle 5, paragraph 1.

3. Any person regarding whom proceedings are brought in connecon with any of the oences

referred to in arcle 4 shall be guaranteed fair treatment at all stages of the proceedings.

Arcle 8

1. The oences referred to in arcle 4 shall be deemed to be included as extraditable oences

in any extradion treaty exisng between States Pares. States Pares undertake to include

such oences as extraditable oences in every extradion treaty to be concluded between

them.

2. If a State Party which makes extradion condional on the existence of a treaty receives a

request for extradion from another State Party with which it has no extradion treaty, it

may consider this Convenon as the legal basis for extradion in respect of such oences.

Extradion shall be subject to the other condions provided by the law of the requested

State.

3. States Pares which do not make extradion condional on the existence of a treaty

shall recognize such oences as extraditable oences between themselves subject to the

condions provided by the law of the requested State.

4. Such oences shall be treated, for the purpose of extradion between States Pares, as

if they had been commied not only in the place in which they occurred but also in the

territories of the States required to establish their jurisdicon in accordance with arcle 5,

paragraph 1.



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Arcle 9

1. States Pares shall aord one another the greatest measure of assistance in connecon

with criminal proceedings brought in respect of any of the oences referred to in arcle 4,

including the supply of all evidence at their disposal necessary for the proceedings.

2. States Pares shall carry out their obligaons under paragraph I of this arcle in conformity

with any treaes on mutual judicial assistance that may exist between them.

Arcle 10

1. Each State Party shall ensure that educaon and informaon regarding the prohibion against

torture are fully included in the training of law enforcement personnel, civil or military,

medical personnel, public ocials and other persons who may be involved in the custody,

interrogaon or treatment of any individual subjected to any form of arrest, detenon or

imprisonment.

2. Each State Party shall include this prohibion in the rules or instrucons issued in regard to

the dues and funcons of any such person.

Arcle 11

Each State Party shall keep under systemac review interrogaon rules, instrucons, methods

and pracces as well as arrangements for the custody and treatment of persons subjected to any

form of arrest, detenon or imprisonment in any territory under its jurisdicon, with a view to

prevenng any cases of torture.

Arcle 12

Each State Party shall ensure that its competent authories proceed to a prompt and imparal

invesgaon, wherever there is reasonable ground to believe that an act of torture has been

commied in any territory under its jurisdicon.

Arcle 13

Each State Party shall ensure that any individual who alleges he has been subjected to torture

in any territory under its jurisdicon has the right to complain to, and to have his case promptly

and imparally examined by, its competent authories. Steps shall be taken to ensure that the

complainant and witnesses are protected against all ill-treatment or inmidaon as a consequenceof his complaint or any evidence given.



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Arcle 14

1. Each State Party shall ensure in its legal system that the vicm of an act of torture obtains

redress and has an enforceable right to fair and adequate compensaon, including the means

for as full rehabilitaon as possible. In the event of the death of the vicm as a result of an act

of torture, his dependants shall be entled to compensaon.

2. Nothing in this arcle shall aect any right of the vicm or other persons to compensaon

which may exist under naonal law.

Arcle 15

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 that the statement was made.

Arcle 16

1. Each State Party shall undertake to prevent in any territory under its jurisdicon other acts

of cruel, inhuman or degrading treatment or punishment which do not amount to torture

as dened in arcle I, when such acts are commied by or at the insgaon of or with the

consent or acquiescence of a public ocial or other person acng in an ocial capacity.

In parcular, the obligaons contained in arcles 10, 11, 12 and 13 shall apply with the

substuon for references to torture of references to other forms of cruel, inhuman or

degrading treatment or punishment.

2. The provisions of this Convenon are without prejudice to the provisions of any other

internaonal instrument or naonal law which prohibits cruel, inhuman or degrading

treatment or punishment or which relates to extradion or expulsion.

PART II

Arcle 17

1. There shall be established a Commiee against Torture (hereinaer referred to as the

Commiee) which shall carry out the funcons hereinaer provided. The Commiee shall

consist of ten experts of high moral standing and recognized competence in the eld of

human rights, who shall serve in their personal capacity. The experts shall be elected by the

States Pares, consideraon being given to equitable geographical distribuon and to theusefulness of the parcipaon of some persons having legal experience.



44

2. The members of the Commiee shall be elected by secret ballot from a list of persons

nominated by States Pares. Each State Party may nominate one person from among its own

naonals. States Pares shall bear in mind the usefulness of nominang persons who are

also members of the Human Rights Commiee established under the Internaonal Covenanton Civil and Polical Rights and who are willing to serve on the Commiee against Torture.

3. Elecons of the members of the Commiee shall be held at biennial meengs of States

Pares convened by the Secretary-General of the United Naons. At those meengs, for

which two thirds of the States Pares shall constute a quorum, the persons elected to the

Commiee shall be those who obtain the largest number of votes and an absolute majority

of the votes of the representaves of States Pares present and vong.

4. The inial elecon shall be held no later than six months aer the date of the entry into force

of this Convenon. At. Ieast four months before the date of each elecon, the Secretary-

General of the United Naons shall address a leer to the States Pares inving them to

submit their nominaons within three months. The Secretary-General shall prepare a list in

alphabecal order of all persons thus nominated, indicang the States Pares which have

nominated them, and shall submit it to the States Pares.

5. The members of the Commiee shall be elected for a term of four years. They shall be eligible

for re-elecon if renominated. However, the term of ve of the members elected at the rst

elecon shall expire at the end of two years; immediately aer the rst elecon the names

of these ve members shall be chosen by lot by the chairman of the meeng referred to in

paragraph 3 of this arcle.

6. If a member of the Commiee dies or resigns or for any other cause can no longer perform

his Commiee dues, the State Party which nominated him shall appoint another expert

from among its naonals to serve for the remainder of his term, subject to the approval of

the majority of the States Pares. The approval shall be considered given unless half or moreof the States Pares respond negavely within six weeks aer having been informed by the

Secretary-General of the United Naons of the proposed appointment.

7. States Pares shall be responsible for the expenses of the members of the Commiee while

they are in performance of Commiee dues.

Arcle 18

1. The Commiee shall elect its ocers for a term of two years. They may be re-elected.



45

2. The Commiee shall establish its own rules of procedure, but these rules shall provide, inter

alia, that:

a. Six members shall constute a quorum;

b. Decisions of the Commiee shall be made by a majority vote of the members present.

3. The Secretary-General of the United Naons shall provide the necessary sta and facilies

for the eecve performance of the funcons of the Commiee under this Convenon.

4. The Secretary-General of the United Naons shall convene the inial meeng of the

Commiee. Aer its inial meeng, the Commiee shall meet at such mes as shall be

provided in its rules of procedure.

5. The States Pares shall be responsible for expenses incurred in connecon with the holding

of meengs of the States Pares and of the Commiee, including reimbursement to the

United Naons for any expenses, such as the cost of sta and facilies, incurred by the

United Naons pursuant to paragraph 3 of this arcle.

Arcle 19

1. The States Pares shall submit to the Commiee, through the Secretary-General of the UnitedNaons, reports on the measures they have taken to give eect to their undertakings under

this Convenon, within one year aer the entry into force of the Convenon for the State

Party concerned. Thereaer the States Pares shall submit supplementary reports every four

years on any new measures taken and such other reports as the Commiee may request.

2. The Secretary-General of the United Naons shall transmit the reports to all States Pares.

3. Each report shall be considered by the Commiee which may make such general comments

on the report as it may consider appropriate and shall forward these to the State Party

concerned. That State Party may respond with any observaons it chooses to the Commiee.

4. The Commiee may, at its discreon, decide to include any comments made by it in

accordance with paragraph 3 of this arcle, together with the observaons thereon received

from the State Party concerned, in its annual report made in accordance with arcle 24. If so

requested by the State Party concerned, the Commiee may also include a copy of the report

submied under paragraph I of this arcle.



47

a. If a State Party considers that another State Party is not giving eect to the provisions

ohis Convenon, it may, by wrien communicaon, bring the maer to the aenon

of that State Party. Within three months aer the receipt of the communicaon the

receiving State shall aord the State which sent the communicaon an explanaon orany other statement in wring clarifying the maer, which should include, to the extent

possible and pernent, reference to domesc procedures and remedies taken, pending

or available in the maer;

b. If the maer is not adjusted to the sasfacon of both States Pares concerned within

six months aer the receipt by the receiving State of the inial communicaon, either

State shall have the right to refer the maer to the Commiee, by noce given to the

Commiee and to the other State;

c. The Commiee shall deal with a maer referred to it under this arcle only aer it has

ascertained that all domesc remedies have been invoked and exhausted in the maer,

in conformity with the generally recognized principles of internaonal law. This shall

not be the rule where the applicaon of the remedies is unreasonably prolonged or is

unlikely to bring eecve relief to the person who is the vicm of the violaon of this

Convenon;

d. The Commiee shall hold closed meengs when examining communicaons under this

arcle;

e. Subject to the provisions of subparagraph (c), the Commiee shall make available its

good oces to the States Pares concerned with a view to a friendly soluon of the

maer on the basis of respect for the obligaons provided for in this Convenon. For

this purpose, the Commiee may, when appropriate, set up an ad hoc conciliaon

commission;

f. In any maer referred to it under this arcle, the Commiee may call upon the States

Pares concerned, referred to in subparagraph (b), to supply any relevant informaon;

g. The States Pares concerned, referred to in subparagraph (b), shall have the right to

be represented when the maer is being considered by the Commiee and to make

submissions orally and/or in wring;

h. The Commiee shall, within twelve months aer the date of receipt of noce under

subparagraph (b), submit a report:



48

i. If a soluon within the terms of subparagraph (e) is reached, the Commiee shall

conne its report to a brief statement of the facts and of the soluon reached;

ii. If a soluon within the terms of subparagraph (e) is not reached, the Commiee

shall conne its report to a brief statement of the facts; the wrien submissions

and record of the oral submissions made by the States Pares concerned shall be

aached to the report. In every maer, the report shall be communicated to the

States Pares concerned.

2. The provisions of this arcle shall come into force when ve States Pares to this Convenon

have made declaraons under paragraph 1 of this arcle. Such declaraons shall be deposited

by the States Pares with the Secretary-General of the United Naons, who shall transmit

copies thereof to the other States Pares. A declaraon may be withdrawn at any me by

nocaon to the Secretary-General. Such a withdrawal shall not prejudice the consideraon

of any maer which is the subject of a communicaon already transmied under this arcle;

no further communicaon by any State Party shall be received under this arcle aer the

nocaon of withdrawal of the declaraon has been received by the Secretary-General,

unless the State Party concerned has made a new declaraon.

Arcle 22

1. A State Party to this Convenon may at any me declare under this arcle that it recognizes

the competence of the Commiee to receive and consider communicaons from or on behalf

of individuals subject to its jurisdicon who claim to be vicms of a violaon by a State Party

of the provisions of the Convenon. No communicaon shall be received by the Commiee

if it concerns a State Party which has not made such a declaraon.

2. The Commiee shall consider inadmissible any communicaon under this arcle which

is anonymous or which it considers to be an abuse of the right of submission of such

communicaons or to be incompable with the provisions of this Convenon.

3. Subject to the provisions of paragraph 2, the Commiee shall bring any communicaons

submied to it under this arcle to the aenon of the State Party to this Convenon which

has made a declaraon under paragraph I and is alleged to be violang any provisions of the

Convenon. Within six months, the receiving State shall submit to the Commiee wrien

explanaons or statements clarifying the maer and the remedy, if any, that may have been

taken by that State.



49

4. The Commiee shall consider communicaons received under this arcle in the light of all

informaon made available to it by or on behalf of the individual and by the State Party

concerned.

5. The Commiee shall not consider any communicaons from an individual under this arcle

unless it has ascertained that:

a. The same maer has not been, and is not being, examined under another procedure of

internaonal invesgaon or selement;

b. The individual has exhausted all available domesc remedies; this shall not be the rule

where the applicaon of the remedies is unreasonably prolonged or is unlikely to bring

eecve relieo the person who is the vicm of the violaon of this Convenon.

5. The Commiee shall hold closed meengs when examining communicaons under this

arcle.

6. The Commiee shall forward its views to the State Party concerned and to the individual.

7. The provisions of this arcle shall come into force when ve States Pares to this Convenon

have made declaraons under paragraph 1 of this arcle. Such declaraons shall be deposited

by the States Pares with the Secretary-General of the United Naons, who shall transmit

copies thereof to the other States Pares. A declaraon may be withdrawn at any me by

nocaon to the Secretary-General. Such a withdrawal shall not prejudice the consideraon

of any maer which is the subject of a communicaon already transmied under this arcle;

no further communicaon by or on behalf of an individual shall be received under this arcle

aer the nocaon of withdrawal of the declaraon has been received by the Secretary-

General, unless the State Party has made a new declaraon.

Arcle 23

The members of the Commiee and of the ad hoc conciliaon commissions which may be

appointed under arcle 21, paragraph I (e), shall be entled to the facilies, privileges and

immunies of experts on mission for the United Naons as laid down in the relevant secons of

the Convenon on the Privileges and Immunies of the United Naons.



50

Arcle 24

The Commiee shall submit an annual report on its acvies under this Convenon to the States

Pares and to the General Assembly of the United Naons.

PART III

Arcle 25

1. This Convenon is open for signature by all States. 2. This Convenon is subject to racaon.

Instruments of racaon shall be deposited with the Secretary-General of the United

Naons.

Arcle 26

This Convenon is open to accession by all States. Accession shall be eected by the deposit of an

instrument of accession with the Secretary General of the United Naons.

Arcle 27

1. This Convenon shall enter into force on the thireth day aer the date of the deposit with

the Secretary-General of the United Naons of the tweneth instrument of racaon or

accession.

2. For each State rafying this Convenon or acceding to it aer the deposit of the tweneth

instrument of racaon or accession, the Convenon shall enter into force on the thireth

day aer the date of the deposit of its own instrument of racaon or accession.

Arcle 28

1. Each State may, at the me of signature or racaon of this Convenon or accession

thereto, declare that it does not recognize the competence of the Commiee provided for

in arcle 20.

2. Any State Party having made a reservaon in accordance with paragraph I of this arcle may,

at any me, withdraw this reservaon by nocaon to the Secretary-General of the United

Naons.



51

Arcle 29

1. Any State Party to this Convenon may propose an amendment and le it with the Secretary-

General of the United Naons. The Secretary General shall thereupon communicate the

proposed amendment to the States Pares with a request that they nofy him whether they

favour a conference of States Pares for the purpose of considering an d vong upon the

proposal. In the event that within four months from the date of such communicaon at least

one third of the States Pares favours such a conference, the Secretary General shall convene

the conference under the auspices of the United Naons. Any amendment adopted by a

majority of the States Pares present and vong at the conference shall be submied by the

Secretary-General to all the States Pares for acceptance.

2. An amendment adopted in accordance with paragraph I of this arcle shall enter into

force when two thirds of the States Pares to this Convenon have noed the Secretary-

General of the United Naons that they have accepted it in accordance with their respecve

constuonal processes.

3. When amendments enter into force, they shall be binding on those States Pares which have

accepted them, other States Pares sll being bound by the provisions of this Convenon

and anyearlier amendments which they have accepted.

Arcle 30

1. Any dispute between two or more States Pares concerning the interpretaon or applicaon

of this Convenon which cannot be seled through negoaon shall, at the request of one

of them, be submied to arbitraon. If within six months from thc date of the request for

arbitraon the Pares are unable to agree on the organizaon of the arbitraon, any one

of those Pares may refer the dispute to the Internaonal Court of Jusce by request in

conformity with the Statute of the Court.

2. Each State may, at the me of signature or racaon of this Con venon or accession

thereto, declare that it does not consider itself bound by paragraph I of this arcle. The other

States Pares shall not be bound by paragraph I of this arcle with respect to any State Party

having made such a reservaon.

3. Any State Party having made a reservaon in accordance with paragraph 2 of this arcle may

at any me withdraw this reservaon by nocaon to the Secretary-General of the United

Naons.



52

Arcle 31

1. A State Party may denounce this Convenon by wrien nocaon to the Secretary-General

of the United Naons. Denunciaon becomes eecve one year aer the date of receipt of-

the nocaon by the Secretary-General .

2. Such a denunciaon shall not have the eect of releasing the State Party from its obligaons

under this Convenon in regard to any act or omission which occurs prior to the date at

which the denunciaon becomes eecve, nor shall denunciaon prejudice in any way

the connued consideraon of any maer which is already under consideraon by the

Commiee prior to the date at which the denunciaon becomes eecve.

3. Following the date at which the denunciaon of a State Party becomes eecve, the

Commiee shall not commence consideraon of any new maer regarding that State.

Arcle 32

The Secretary-General of the United Naons shall inform all States Members of the United Naons

and all States which have signed this Convenon or acceded to it of the following:

a. Signatures, racaons and accessions under arcles 25 and 26;

b. The date of entry into force of this Convenon under arcle 27 and the date of the entry into

force of any amendments under arcle 29;

c. Denunciaons under arcle 31.

Arcle 33

1. This Convenon, of which the Arabic, Chinese, English, French, Russian and Spanish texts

are equally authenc, shall be deposited with the Secretary-General of the United Naons.

2. The Secretary-General of the United Naons shall transmit cered copies of this Convenon

to allStates.



53

Oponal Protocol to the Convenon against Torture and other Cruel,Inhuman or Degrading Treatment or Punishment

Adopted on 18 December 2002 at the y-seventh session of the

General Assembly of the United Naons by resoluonA/RES/57/199.

Protocol is available for signature, racaon and accession as from

4 February 2003 (i.e. the date upon which the original of the Protocol

was established) at United Naons Headquarters in New York.

PREAMBLE

The States Pares to the present Protocol,

Rearming that torture and other cruel, inhuman or degrading treatment or punishment are

prohibited and constute serious violaons of human rights, Convinced that further measures are

necessary to achieve the purposes of the Convenon against Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment (hereinaer referred to as the Convenon) and to strengthen

the protecon of persons deprived of their liberty against torture and other cruel, inhuman or

degrading treatment or punishment, Recalling that arcles 2 and 16 of the Convenon oblige

each State Party to take eecve measures to prevent acts of torture and other cruel, inhuman

or degrading treatment or punishment in any territory under its jurisdicon, Recognizing that

States have the primary responsibility for implemenng those arcles, that strengthening the

protecon of people deprived of their liberty and the full respect for their human rights is a

common responsibility shared by all and that internaonal implemenng bodies complement and

strengthen naonal measures, Recalling that the eecve prevenon of torture and other cruel,

inhuman or degrading treatment or punishment requires educaon and a combinaon of various

legislave, administrave, judicial and other measures, Recalling also that the World Conference

on Human Rights rmly declared that eorts to eradicate torture should rst and foremost be

concentrated on prevenon and called for the adopon of an oponal protocol to the Convenon,

intended to establish a prevenve system of regular visits to places of detenon, Convinced that

the protecon of persons deprived of their liberty against torture and other cruel, inhuman or

degrading treatment or punishment can be strengthened by non-judicial means of a prevenve

nature, based on regular visits to places of detenon, Have agreed as follows:



54

PART I

General principles

Arcle 1

The objecve of the present Protocol is to establish a system of regular visits undertaken by

independent internaonal and naonal bodies to places where people are deprived of their liberty,

in order to prevent torture and other cruel, inhuman or degrading treatment or punishment.

Arcle 2

1. A Subcommiee on Prevenon of Torture and Other Cruel, Inhuman or Degrading Treatment

or Punishment of the Commiee against Torture (hereinaer referred to as the Subcommiee

on Prevenon) shall be established and shall carry out the funcons laid down in the presentProtocol.

2. The Subcommiee on Prevenon shall carry out its work within the framework of the

Charter of the United Naons and shall be guided by the purposes and principles thereof,

as well as the norms of the United Naons concerning the treatment of people deprived of

their liberty.

3. Equally, the Subcommiee on Prevenon shall be guided by the principles of condenality,

imparality, non-selecvity, universality and objecvity.

4. The Subcommiee on Prevenon and the States Pares shall cooperate in the implementaon

of the present Protocol.

Arcle 3

Each State Party shall set up, designate or maintain at the domesc level one or several vising

bodies for the prevenon of torture and other cruel, inhuman or degrading treatment or

punishment (hereinaer referred to as the naonal prevenve mechanism).

Arcle 4

1. Each State Party shall allow visits, in accordance with the present Protocol, by the mechanisms

referred to in arcles 2 and 3 to any place under its jurisdicon and control where persons

are or may be deprived of their liberty, either by virtue of an order given by a public authority

or at its insgaon or with its consent or acquiescence (hereinaer referred to as places of

detenon). These visits shall be undertaken with a view to strengthening, if necessary, the

protecon of these persons against torture and other cruel, inhuman or degrading treatment

or punishment.



55

2. For the purposes of the present Protocol, deprivaon of liberty means any form of detenon

or imprisonment or the placement of a person in a public or private custodial seng which

that person is not permied to leave at will by order of any judicial, administrave or other

authority.

PART II

Subcommiee on Prevenon

Arcle 5

1. The Subcommiee on Prevenon shall consist of ten members. Aer the ieth racaon

of or accession to the present Protocol, the number of the members of the Subcommiee on

Prevenon shall increase to twenty-ve.

2. The members of the Subcommiee on Prevenon shall be chosen from among persons of

high moral character, having proven professional experience in the eld of the administraon

of jusce, in parcular criminal law, prison or police administraon, or in the various elds

relevant to the treatment of persons deprived of their liberty.

3. In the composion of the Subcommiee on Prevenon due consideraon shall be given to

equitable geographic distribuon and to the representaon of dierent forms of civilizaon

and legal systems of the States Pares.

4.In this composion consideraon shall also be given to balanced gender representaon onthe basis of the principles of equality and non-discriminaon.

5. No two members of the Subcommiee on Prevenon may be naonals of the same State.

6. The members of the Subcommiee on Prevenon shall serve in their individual capacity,

shall be independent and imparal and shall be available to serve the Subcommiee on

Prevenon eciently.

Arcle 6

1. Each State Party may nominate, in accordance with paragraph 2 of the present arcle, up to

two candidates possessing the qualicaons and meeng the requirements set out in arcle

5, and in doing so shall provide detailed informaon on the qualicaons of the nominees.

2.

a. The nominees shall have the naonality of a State Party to the present Protocol;

b. At least one of the two candidates shall have the naonality of the nominang State

Party;



56

c. No more than two naonals of a State Party shall be nominated;

d. Before a State Party nominates a naonal of another State Party, it shall seek and obtain

the consent of that State Party.

3. At least ve months before the date of the meeng of the States Pares during which the

elecons will be held, the Secretary-General of the United Naons shall address a leer

to the States Pares inving them to submit their nominaons within three months. The

Secretary- General shall submit a list, in alphabecal order, of all persons thus nominated,

indicang the States Pares that have nominated them.

Arcle 7

1. The members of the Subcommiee on Prevenon shall be elected in the following manner:

a. Primary consideraon shall be given to the fullment of the requirements and criteria

of arcle 5 of the present Protocol;

b. The inial elecon shall be held no later than six months aer the entry into force of

the present Protocol;

c. The States Pares shall elect the members of the Subcommiee on Prevenon by secret

ballot;

d. Elecons of the members of the Subcommiee on Prevenon shall be held at biennial

meengs of the States Pares convened by the Secretary-General of the United Naons.

At those meengs, for which two thirds of the States Pares shall constute a quorum,

the persons elected to the Subcommiee on Prevenon shall be those who obtain the

largest number of votes and an absolute majority of the votes of the representaves of

the States Pares present and vong.

2. If during the elecon process two naonals of a State Party have become eligible to serve as

members of the Subcommiee on Prevenon, the candidate receiving the higher number of

votes shall serve as the member of the Subcommiee on Prevenon. Where naonals have

received the same number of votes, the following procedure applies:

a. Where only one has been nominated by the State Party of which he or she is a naonal,

that naonal shall serve as the member of the Subcommiee on Prevenon;

b. Where both candidates have been nominated by the State Party of which they are

naonals, a separate vote by secret ballot shall be held to determine which naonal

shall become the member;



57

c. Where neither candidate has been nominated by the State Party of which he or she is

a naonal, a separate vote by secret ballot shall be held to determine which candidate

shall be the member.

Arcle 8

If a member of the Subcommiee on Prevenon dies or resigns, or for any cause can no longer

perform his or her dues, the State Party that nominated the member shall nominate another

eligible person possessing the qualicaons and meeng the requirements set out in arcle 5,

taking into account the need for a proper balance among the various elds of competence, to

serve unl the next meeng of the States Pares, subject to the approval of the majority of the

States Pares. The approval shall be considered given unless half or more of the States Pares

respond negavely within six weeks aer having been informed by the Secretary-General of the

United Naons of the proposed appointment.

Arcle 9

The members of the Subcommiee on Prevenon shall be elected for a term of four years. They

shall be eligible for re-elecon once if renominated. The term of half the members elected at the

rst elecon shall expire at the end of two years; immediately aer the rst elecon the names

of those members shall be chosen by lot by the Chairman of the meeng referred to in arcle 7,

paragraph 1 ( d).

Arcle 10

1. The Subcommiee on Prevenon shall elect its ocers for a term of two years. They may be

re-elected.

2. The Subcommiee on Prevenon shall establish its own rules of procedure. These rules shall

provide, inter alia, that:

a. Half the members plus one shall constute a quorum;

b. Decisions of the Subcommiee on Prevenon shall be made by a majority vote of the

members present;

c. The Subcommiee on Prevenon shall meet in camera.

3. The Secretary-General of the United Naons shall convene the inial meeng of the

Subcommiee on Prevenon. Aer its inial meeng, the Subcommiee on Prevenon shall

meet at such mes as shall be provided by its rules of procedure. The Subcommiee on

Prevenon and the Commiee against Torture shall hold their sessions simultaneously at

least once a year.



58

PART III

Mandate of the Subcommiee on Prevenon

Arcle 11

1. The Subcommiee on Prevenon shall:

a. Visit the places referred to in arcle 4 and make recommendaons to States Pares

concerning the protecon of persons deprived of their liberty against torture and other

cruel, inhuman or degrading treatment or punishment;

b. In regard to the naonal prevenve mechanisms:

i. Advise and assist States Pares, when necessary, in their establishment;

ii. Maintain direct, and if necessary condenal, contact with the naonal prevenve

mechanisms and oer them training and technical assistance with a view to

strengthening their capacies;

iii. Advise and assist them in the evaluaon of the needs and the means necessary to

strengthen the protecon of persons deprived of their liberty against torture and

other cruel, inhuman or degrading treatment or punishment;

iv. Make recommendaons and observaons to the States Pares with a view to

strengthening the capacity and the mandate of the naonal prevenve mechanisms

for the prevenon of torture and other cruel, inhuman or degrading treatment or

punishment;

3. Cooperate, for the prevenon of torture in general, with the relevant United Naons organs

and mechanisms as well as with the internaonal, regional and naonal instuons or

organizaons working towards the strengthening of the protecon of all persons against

torture and other cruel, inhuman or degrading treatment or punishment.

Arcle 12

In order to enable the Subcommiee on Prevenon to comply with its mandate as laid down

inarcle 11, the States Pares undertake:

a. To receive the Subcommiee on Prevenon in their territory and grant it access to theplaces

of detenon as dened in arcle 4 of the present Protocol;

b. To provide all relevant informaon the Subcommiee on Prevenon may request to evaluate

the needs and measures that should be adopted to strengthen the protecon of persons

deprived of their liberty against torture and other cruel, inhuman or degrading treatment or

punishment;



59

c. To encourage and facilitate contacts between the Subcommiee on Prevenon and the

naonal prevenve mechanisms;

d. To examine the recommendaons of the Subcommiee on Prevenon and enter into

dialogue with it on possible implementaon measures.

Arcle 13

1. The Subcommiee on Prevenon shall establish, at rst by lot, a programme of regular visits

to the States Pares in order to full its mandate as established in arcle 11.

2. Aer consultaons, the Subcommiee on Prevenon shall nofy the States Pares of its

programme in order that they may, without delay, make the necessary praccal arrangementsfor the visits to be conducted.

3. The visits shall be conducted by at least two members of the Subcommiee on Prevenon.

These members may be accompanied, if needed, by experts of demonstrated professional

experience and knowledge in the elds covered by the present Protocol who shall be

selected from a roster of experts prepared on the basis of proposals made by the States

Pares, the Oce of the United Naons High Commissioner for Human Rights and the United

Naons Centre for Internaonal Crime Prevenon. In preparing the roster, the States Pares

concerned shall propose no more than ve naonal experts. The State Party concerned

may oppose the inclusion of a specic expert in the visit, whereupon the Subcommiee onPrevenon shall propose another expert.

4. If the Subcommiee on Prevenon considers it appropriate, it may propose a short followup

visit aer a regular visit.

Arcle 14

1. In order to enable the Subcommiee on Prevenon to full its mandate, the States Pares to

the present Protocol undertake to grant it:

a. Unrestricted access to all informaon concerning the number of persons deprived of

their liberty in places of detenon as dened in arcle 4, as well as the number of places

and their locaon;

b. Unrestricted access to all informaon referring to the treatment of those persons as

well as their condions of detenon;

c. Subject to paragraph 2 below, unrestricted access to all places of detenon and their

installaons and facilies;



60

d. The opportunity to have private interviews with the persons deprived of their liberty

without witnesses, either personally or with a translator if deemed necessary, as well

as with any other person who the Subcommiee on Prevenon believes may supply

relevant informaon;

e. The liberty to choose the places it wants to visit and the persons it wants to interview.

2. Objecon to a visit to a parcular place of detenon may be made only on urgent and

compelling grounds of naonal defence, public safety, natural disaster or serious disorder in

the place to be visited that temporarily prevent the carrying out of such a visit. The existence

of a declared state of emergency as such shall not be invoked by a State Party as a reason to

object to a visit.

Arcle 15

No authority or ocial shall order, apply, permit or tolerate any sancon against any person or

organizaon for having communicated to the Subcommiee on Prevenon or to its delegates

any informaon, whether true or false, and no such person or organizaon shall be otherwise

prejudiced in any way.

Arcle 16

1. The Subcommiee on Prevenon shall communicate its recommendaons and observaons

condenally to the State Party and, if relevant, to the naonal prevenve mechanism.

2. The Subcommiee on Prevenon shall publish its report, together with any comments of the

State Party concerned, whenever requested to do so by that State Party. If the State Party

makes part of the report public, the Subcommiee on Prevenon may publish the report in

whole or in part. However, no personal data shall be published without the express consent

of the person concerned.

3. The Subcommiee on Prevenon shall present a public annual report on its acvies to the

Commiee against Torture.

4. If the State Party refuses to cooperate with the Subcommiee on Prevenon according to

arcles 12 and 14, or to take steps to improve the situaon in the light of the recommendaons

of the Subcommiee on Prevenon, the Commiee against Torture may, at the request of

the Subcommiee on Prevenon, decide, by a majority of its members, aer the State Party

has had an opportunity to make its views known, to make a public statement on the maer

or to publish the report of the Subcommiee on Prevenon.



61

PART IV

Naonal prevenve mechanisms

Arcle 17

Each State Party shall maintain, designate or establish, at the latest one year aer the entry

into force of the present Protocol or of its racaon or accession, one or several independent

naonal prevenve mechanisms for the prevenon of torture at the domesc level. Mechanisms

established by decentralized units may be designated as naonal prevenve mechanisms for the

purposes of the present Protocol if they are in conformity with its provisions.

Arcle 18

1. The States Pares shall guarantee the funconal independence of the naonal prevenvemechanisms as well as the independence of their personnel.

2. The States Pares shall take the necessary measures to ens ure that the experts of the

naonal prevenve mechanism have the required capabilies and professional knowledge.

They shall strive for a gender balance and the adequate representaon of ethnic and minority

groups in the country.

3. The States Pares undertake to make available the necessary resources for the funconing of

the naonal prevenve mechanisms.

4. When establishing naonal prevenve mechanisms, States Pares shall give due

consideraon to the Principles relang to the status of naonal instuons for the promoon

and protecon of human rights.

Arcle 19

a. The naonal prevenve mechanisms shall be granted at a minimum the power: (a) To

regularly examine the treatment of the persons deprived of their liberty in places of detenon

as dened in arcle 4, with a view to strengthening, if necessary, their protecon against

torture and other cruel, inhuman or degrading treatment or punishment;

b. To make recommendaons to the relevant authories with the aim of improving the

treatment and the condions of the persons deprived of their liberty and to prevent torture

and other cruel, inhuman or degrading treatment or punishment, taking into consideraon

the relevant norms of the United Naons;

c. To submit proposals and observaons concerning exisng or dra legislaon.



63

PART V

Declaraon

Arcle 24

1. Upon racaon, States Pares may make a declaraon postponing the implementaon of

their obligaons under either part III or part IV of the present Protocol.

2. This postponement shall be valid for a maximum of three years. Aer due representaons

made by the State Party and aer consultaon with the Subcommiee on Pre venon, the

Commiee against Torture may extend that period for an addional two years.

PART VI

Financial provisions

Arcle 25

1. The expenditure incurred by the Subcommiee on Prevenon in the implementaon of the

present Protocol shall be borne by the United Naons.

2. The Secretary-General of the United Naons shall provide the necessary sta and facilies

for the eecve performance of the funcons of the Subcommiee on Prevenon under the

present Protocol.

Arcle 26

1. A Special Fund shall be set up in accordance with the relevant procedures of the General

Assembly, to be administered in accordance with the nancial regulaons and rules of the

United Naons, to help nance the implementaon of the recommendaons made by the

Subcommiee on Prevenon aer a visit to a State Party, as well as educaon programmes

of the naonal prevenve mechanisms.

2. The Special Fund may be nanced through voluntary contribuons made by Governments,

intergovernmental and non-governmental organizaons and other private or public enes.

PART VII

Final provisions

Arcle 27

1. The present Protocol is open for signature by any State that has signed the Convenon.



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2. The present Protocol is subject to racaon by any State that has raed or acceded to the

Convenon. Instruments of racaon shall be deposited with the Secretary-General of the

United Naons.

3. The present Protocol shall be open to accession by any State that has raed or acceded tothe Convenon.

4. Accession shall be eected by the deposit of an instrument of accession with the Secretary-

General of the United Naons.

5. The Secretary-General of the United Naons shall inform all States that have signed the

present Protocol or acceded to it of the deposit of each instrument of racaon or accession.

Arcle 28

1. The present Protocol shall enter into force on the thireth day aer the date of deposit with

the Secretary-General of the United Naons of the tweneth instrument of racaon or

accession.

2. For each State rafying the present Protocol or acceding to it aer the deposit with the

Secretary-General of the United Naons of the tweneth instrument of racaon or

accession, the present Protocol shall enter into force on the thireth day aer the date of

deposit of its own instrument of racaon or accession.

Arcle 29

The provisions of the present Protocol shall extend to all parts of federal States without any

limitaons or excepons.

Arcle 30

No reservaons shall be made to the present Protocol.

Arcle 31

The provisions of the present Protocol shall not aect the obligaons of States Pares under any

regional convenon instung a system of visits to places of detenon. The Subcommiee on

Prevenon and the bodies established under such regional convenons are encouraged to consult

and cooperate with a view to avoiding duplicaon and promong eecvely the objecves of the

present Protocol.

Arcle 32

The provisions of the present Protocol shall not aect the obligaons of States Pares to the four

Geneva Convenons of 12 August 1949 and the Addional Protocols thereto of 8 June 1977, nor

the opportunity available to any State Party to authorize the Internaonal Commiee of the Red

Cross to visit places of detenon in situaons not covered by internaonal humanitarian law.



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Arcle 33

1. Any State Party may denounce the present Protocol at any me by wrien nocaon

addressed to the Secretary-General of the United Naons, who shall thereaer inform the

other States Pares to the present Protocol and the Convenon. Denunciaon shall takeeect one year aer the date of receipt of the nocaon by the Secretary-General.

2. Such a denunciaon shall not have the eect of releasing the St ate Party from its obligaons

under the present Protocol in regard to any act or situaon that may occur prior to the date

on which the denunciaon becomes eecve, or to the acons that the Subcommiee on

Prevenon has decided or may decide to take with respect to the State Party concerned, nor

shall denunciaon prejudice in any way the connued consideraon of any maer already

under consideraon by the Subcommiee on Prevenon prior to the date on which the

denunciaon becomes eecve.

3. Following the date on which the denunciaon of the State Party becomes eecve, the

Subcommiee on Prevenon shall not commence consideraon of any new maer regarding

that State.

Arcle 34

1. Any State Party to the present Protocol may propose an amendment and le it with

the Secretary-General of the United Naons. The Secretary-General shall thereupon

communicate the proposed amendment to the States Pares to the present Protocol with

a request that they nofy him whether they favour a conference of States Pares for thepurpose of considering and vong upon the proposal. In the event that within four months

from the date of such communicaon at least one third of the States Pares favour such a

conference, the Secretary-General shall convene the conference under the auspices of the

United Naons. Any amendment adopted by a majority of two thirds of the States Pares

present and vong at the conference shall be submied by the Secretary-General of the

United Naons to all States Pares for acceptance.

2. An amendment adopted in accordance with paragraph 1 of the present arcle shall come

into force when it has been accepted by a two -thirds majority of the States Pares to the

present Protocol in accordance with their respecve constuonal processes.



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The Universal Declaraon of Human Rights

Preamble

Whereas recognion of the inherent dignity and of the equal and inalienable rights of all membersof the human family is the foundaon of freedom, jusce and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have

outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy

freedom of speech and belief and freedom from fear and want has been proclaimed as the highest

aspiraon of the common people,

Whereas it is essenal, if man is not to be compelled to have recourse, as a last resort, to rebellion

against tyranny and oppression, that human rights should be protected by the rule of law,

Whereas it is essenal to promote the development of friendly relaons between naons,

Whereas the peoples of the United Naons have in the Charter rearmed their faith in

fundamental human rights, in the dignity and worth of the human person and in the equal rights

of men and women and have determined to promote social progress and beer standards of life

in larger freedom,

Whereas Member States have pledged themselves to achieve, in cooperaon with the United

Naons, the promoon of universal respect for and observance of human rights and fundamental

freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance for

the full realizaon of this pledge,

Now, therefore,

The General Assembly,

Proclaims this Universal Declaraon of Human Rights as a common standard of achievement for

all peoples and all naons, to the end that every individual and every organ of society, keepingthis Declaraon constantly in mind, shall strive by teaching and educaon to promote respect for

these rights and freedoms and by progressive measures, naonal and internaonal, to secure

their universal and eecve recognion and observance, both among the peoples of Member

States themselves and among the peoples of territories under their jurisdicon.

Arcle I

All human beings are born free and equal in dignity and rights. They are endowed with reason and

conscience and should act towards one another in a spirit of brotherhood.



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Arcle 2

Everyone is entled to all the rights and freedoms set forth in this Declaraon, without disncon

of any kind, such as race, colour, sex, language, religion, polical or other opinion, naonal or

social origin, property, birth or other status.

Furthermore, no disncon shall be made on the basis of the polical, jurisdiconal or internaonal

status of the country or territory to which a person belongs, whether it be independent, trust,

non-self-governing or under any other limitaon of sovereignty.

Arcle 3

Everyone has the right to life, liberty and security of person.

Arcle 4

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all

their forms.

Arcle 5

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Arcle 6

Everyone has the right to recognion everywhere as a person before the law.

Arcle 7

All are equal before the law and are entled without any discriminaon to equal protecon of the

law. All are entled to equal protecon against any discriminaon in violaon of this Declaraon

and against any incitement to such discriminaon.

Arcle 8

Everyone has the right to an eecve remedy by the competent naonal tribunals for acts violangthe fundamental rights granted him by the constuon or by law.

Arcle 9

No one shall be subjected to arbitrary arrest, detenon or exile.

Arcle 10

Everyone is entled in full equality to a fair and public hearing by an independent and imparal

tribunal, in the determinaon of his rights and obligaons and of any criminal charge against him.



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Arcle 11

1. Everyone charged with a penal oence has the right to be presumed innocent unl proved

guilty according to law in a public trial at which he has had all the guarantees necessary for

his defence.

2. No one shall be held guilty of any penal oence on account of any act or omission which did

not constute a penal oence, under naonal or internaonal law, at the me when it was

commied. Nor shall a heavier penalty be imposed than the one that was applicable at the

me the penal oence was commied.

Arcle 12

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence,

nor to aacks upon his honour and reputaon. Everyone has the right to the protecon of the lawagainst such interference or aacks.

Arcle 13

1. Everyone has the right to freedom of movement and residence within the borders of each

State.

2. Everyone has the right to leave any country, including his own, and to return to his country.

Arcle 14

1. Everyone has the right to seek and to enjoy in other countries asylum from persecuon.

2. This right may not be invoked in the case of prosecuons genuinely arising from non-polical

crimes or from acts contrary to the purposes and principles of the United Naons.

Arcle 15

1. Everyone has the right to a naonality.

2. No one shall be arbitrarily deprived of his naonality nor denied the right to change hisnaonality.

Arcle 16

1. Men and women of full age, without any limitaon due to race, naonality or religion, have

the right to marry and to found a family. They are entled to equal rights as to marriage,

during marriage and at its dissoluon.



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2. Marriage shall be entered into only with the free and full consent of the intending spouses.

3. The family is the natural and fundamental group unit of society and is entled to protecon

by society and the State.

Arcle 17

1. Everyone has the right to own property alone as well as in associaon with others.

2. No one shall be arbitrarily deprived of his property.

Arcle 18

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom

to change his religion or belief, and freedom, either alone or in community with others and in

public or private, to manifest his religion or belief in teaching, pracce, worship and observance.

Arcle 19

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold

opinions without interference and to seek, receive and impart informaon and ideas through any

media and regardless of froners.

Arcle 20

1. Everyone has the right to freedom of peaceful assembly and associaon.

2. No one may be compelled to belong to an associaon.

Arcle 21

1. Everyone has the right to take part in the government of his country, directly or through

freely chosen representaves.

2. Everyone has the right to equal access to public service in his country.

3. The will of the people shall be the basis of the authority of government; this will shall be

expressed in periodic and genuine elecons which shall be by universal and equal surage

and shall be held by secret vote or by equivalent free vong procedures.

Arcle 22

Everyone, as a member of society, has the right to social security and is entled to realizaon,

through naonal eort and internaonal co-operaon and in accordance with the organizaon

and resources of each State, of the economic, social and cultural rights indispensable for his

dignity and the free development of his personality.



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Arcle 23

1. Everyone has the right to work, to free choice of employment, to just and favourable

condions of work and to protecon against unemployment.

2. Everyone, without any discriminaon, has the right to equal pay for equal work.

3. Everyone who works has the right to just and favourable remuneraon ensuring for himself

and his family an existence worthy of human dignity, and supplemented, if necessary, by

other means of social protecon.

4. Everyone has the right to form and to join trade unions for the protecon of his interests.

Arcle 24

Everyone has the right to rest and leisure, including reasonable limitaon of working hours and

periodic holidays with pay.

Arcle 25

1. Everyone has the right to a standard of living adequate for the health and well-being of

himself and of his family, including food, clothing, housing and medical care and necessary

social services, and the right to security in the event of unemployment, sickness, disability,

widowhood, old age or other lack of livelihood in circumstances beyond his control.

2. Motherhood and childhood are entled to special care and assistance. All children, whether

born in or out of wedlock, shall enjoy the same social protecon.

Arcle 26

1. Everyone has the right to educaon. Educaon shall be free, at least in the elementary and

fundamental stages. Elementary educaon shall be compulsory. Technical and professional

educaon shall be made generally available and higher educaon shall be equally accessible

to all on the basis of merit.

2. Educaon shall be directed to the full development of the human personality and to the

strengthening of respect for human rights and fundamental freedoms. It shall promote

understanding, tolerance and friendship among all naons, racial or religious groups, and

shall further the acvies of the United Naons for the maintenance of peace.

3. Parents have a prior right to choose the kind of educaon that shall be given to their children.



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Arcle 27

1. Everyone has the right freely to parcipate in the cultural life of the community, to enjoy the

arts and to share in scienc advancement and its benets.

2. Everyone has the right to the protecon of the moral and material interests resulng from

any scienc, literary or arsc producon of which he is the author.

Arcle 28

Everyone is entled to a social and internaonal order in which the rights and freedoms set forth

in this Declaraon can be fully realized.

Arcle 29

1. Everyone has dues to the community in which alone the free and full development of his

personality is possible.

2. In the exercise of his rights and freedoms, everyone shall be subject only to such limitaons

as are determined by law solely for the purpose of securing due recognion and respect for

the rights and freedoms of others and of meeng the just requirements of morality, public

order and the general welfare in a democrac society.

3. These rights and freedoms may in no case be exercised contrary to the purposes and

principles of the United Naons.

Arcle 30

Nothing in this Declaraon may be interpreted as implying for any State, group or person any right

to engage in any acvity or to perform any act aimed at the destrucon of any of the rights and

freedoms set forth herein.



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REPORT ON THE ROUND TABLE DISCUSSION (RTD) ON THE CONVENTION AGAINST TORTURE AND OTHER CRUEL, ...

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