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The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Convention Against Torture) is an international human rights instrument that aims to prevent torture around the world.
The Convention Against Torture requires states to take effective measures to prevent torture within their borders, and forbids states to return people to their home country if there is reason to believe they will be tortured.
On December 10, 1984, the United Nations General Assembly adopted the Convention Against Torture. Following ratification by the 20th state party, the Convention Against Torture came into force on June 26, 1987. To date, 142 nations are parties to it, with another nine having signed but not yet ratified.
The United States has ratified the Convention, but in doing so notified other states parties that “. . . nothing in this Convention requires or authorizes legislation, or other action, by the United States of America prohibited by the Constitution of the United States as interpreted by the United States.”
On December 18, 2002, the UN General Assembly adopted the Optional Protocol to the Convention Against Torture. It entered into force on June 22, 2006. The Optional Protocol provides for the establishment of “a system of regular visits undertaken by independent international and national bodies to places where people are deprived of their liberty, in order to prevent torture and other cruel, inhuman or degrading treatment or punishment.” These visits are to be overseen by a Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Subcommittee on Prevention).
The Committee Against Torture (CAT) is a body of independent experts that monitors implementation of the Convention against Torture by State parties.
The Committee Against Torture, which usually meets in Geneva each May and November, is composed of ten independent experts who are “persons of high moral character and recognized competence in the field of human rights.” The States parties elect members for a term of four years. Members serve in their personal capacity and may be re-elected if nominated.
All States parties are obliged under the Convention Against Torture to submit regular reports to the Committee against Torture on how the rights are being implemented. Upon ratifying the Convention, States must submit a report within one year, after which they are obliged to report every four years. The Committee examines each report and addresses its concerns and recommendations to the State party in the form of “concluding observations.”
In addition to the reporting procedure, the Convention establishes three other mechanisms through which the Committee performs its monitoring functions. The Committee may:
- Under certain circumstances, consider individual complaints or communications from individuals claiming that their rights under the Convention have been violated;
- Undertake inquiries; and
- Consider inter-state complaints.
The Committee also publishes its interpretation of the content of human rights provisions, known as General Comments.
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