Difference between revisions of "Inter-American Convention to Prevent and Punish the Crime of Torture"

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The American States signatory to the present Convention,
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Adopted by the Organization of American States on December 9, 1985. Entered into force on February 28, 1997.
 
 
Aware of the provision of the American Convention on Human Rights that no one shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment;
 
 
 
Reaffirming that all acts of torture or any other cruel, inhuman, or degrading treatment or punishment constitute an offense against human dignity and a denial of the principles set forth in the Charter of the Organization of American States and in the Charter of the United Nations and are violations of the fundamental human rights and freedoms proclaimed in the American Declaration of the Rights and Duties of Man and the Universal Declaration of Human Rights;
 
 
 
Noting that, in order for the pertinent rules contained in the aforementioned global and regional instruments to take effect, it is necessary to draft an Inter-American Convention that prevents and punishes torture;
 
 
 
Reaffirming their purpose of consolidating in this hemisphere the conditions that make for recognition of and respect for the inherent dignity of man, and ensure the full exercise of his fundamental rights and freedoms,
 
 
 
Have agreed upon the following:
 
 
 
 
 
== Article 1 ==
 
  
 +
=Relevant Provisions of the Inter-American Convention to Prevent and Punish the Crime of Torture=
  
 +
====Article 1====
 
The State Parties undertake to prevent and punish torture in accordance with the terms of this Convention.
 
The State Parties undertake to prevent and punish torture in accordance with the terms of this Convention.
  
 
+
====Article 2: Definition of Torture====
== Article 2 ==
 
 
 
 
 
 
For the purposes of this Convention, torture shall be understood to be any act intentionally performed whereby physical or mental pain or suffering is inflicted on a person for purposes of criminal investigation, as a means of intimidation, as personal punishment, as a preventive measure, as a penalty, or for any other purpose. Torture shall also be understood to be the use of methods upon a person intended to obliterate the personality of the victim or to diminish his physical or mental capacities, even if they do not cause physical pain or mental anguish.
 
For the purposes of this Convention, torture shall be understood to be any act intentionally performed whereby physical or mental pain or suffering is inflicted on a person for purposes of criminal investigation, as a means of intimidation, as personal punishment, as a preventive measure, as a penalty, or for any other purpose. Torture shall also be understood to be the use of methods upon a person intended to obliterate the personality of the victim or to diminish his physical or mental capacities, even if they do not cause physical pain or mental anguish.
  
 
The concept of torture shall not include physical or mental pain or suffering that is inherent in or solely the consequence of lawful measures, provided that they do not include the performance of the acts or use of the methods referred to in this article.
 
The concept of torture shall not include physical or mental pain or suffering that is inherent in or solely the consequence of lawful measures, provided that they do not include the performance of the acts or use of the methods referred to in this article.
  
 
+
====Article 3====
== Article 3 ==
 
 
 
 
 
 
The following shall be held guilty of the crime of torture:
 
The following shall be held guilty of the crime of torture:
  
    a. A public servant or employee who acting in that capacity orders, instigates or induces the use of torture, or who directly commits it or who, being able to prevent it, fails to do so.
+
A public servant or employee who acting in that capacity orders, instigates or induces the use of torture, or who directly commits it or who, being able to prevent it, fails to do so.
 
 
    b. A person who at the instigation of a public servant or employee mentioned in subparagraph (a) orders, instigates or induces the use of torture, directly commits it or is an accomplice thereto.
 
 
 
 
 
== Article 4 ==
 
  
 +
A person who at the instigation of a public servant or employee mentioned in subparagraph (a) orders, instigates or induces the use of torture, directly commits it or is an accomplice thereto.
  
 +
====Article 4====
 
The fact of having acted under orders of a superior shall not provide exemption from the corresponding criminal liability.
 
The fact of having acted under orders of a superior shall not provide exemption from the corresponding criminal liability.
  
 
+
====Article 5====
== Article 5 ==
 
 
 
 
 
 
The existence of circumstances such as a state of war, threat of war, state of siege or of emergency, domestic disturbance or strife, suspension of constitutional guarantees, domestic political instability, or other public emergencies or disasters shall not be invoked or admitted as justification for the crime of torture.
 
The existence of circumstances such as a state of war, threat of war, state of siege or of emergency, domestic disturbance or strife, suspension of constitutional guarantees, domestic political instability, or other public emergencies or disasters shall not be invoked or admitted as justification for the crime of torture.
  
 
Neither the dangerous character of the detainee or prisoner, nor the lack of security of the prison establishment or penitentiary shall justify torture.
 
Neither the dangerous character of the detainee or prisoner, nor the lack of security of the prison establishment or penitentiary shall justify torture.
  
 
+
====Article 6====
== Article 6 ==
 
 
 
 
 
 
In accordance with the terms of Article 1, the States Parties shall take effective measures to prevent and punish torture within their jurisdiction.
 
In accordance with the terms of Article 1, the States Parties shall take effective measures to prevent and punish torture within their jurisdiction.
  
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The States Parties likewise shall take effective measures to prevent and punish other cruel, inhuman, or degrading treatment or punishment within their jurisdiction.
 
The States Parties likewise shall take effective measures to prevent and punish other cruel, inhuman, or degrading treatment or punishment within their jurisdiction.
  
 
+
====Article 7====
== Article 7 ==
 
 
 
 
 
 
The States Parties shall take measures so that, in the training of police officers and other public officials responsible for the custody of persons temporarily or definitively deprived of their freedom, special emphasis shall be put on the prohibition of the use of torture in interrogation, detention, or arrest.
 
The States Parties shall take measures so that, in the training of police officers and other public officials responsible for the custody of persons temporarily or definitively deprived of their freedom, special emphasis shall be put on the prohibition of the use of torture in interrogation, detention, or arrest.
  
 
The States Parties likewise shall take similar measures to prevent other cruel, inhuman, or degrading treatment or punishment.
 
The States Parties likewise shall take similar measures to prevent other cruel, inhuman, or degrading treatment or punishment.
  
 
+
====Article 8====
== Article 8 ==
 
 
 
 
 
 
The States Parties shall guarantee that any person making an accusation of having been subjected to torture within their jurisdiction shall have the right to an impartial examination of his case.
 
The States Parties shall guarantee that any person making an accusation of having been subjected to torture within their jurisdiction shall have the right to an impartial examination of his case.
  
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After all the domestic legal procedures of the respective State and the corresponding appeals have been exhausted, the case may be submitted to the international fora whose competence has been recognized by that State.
 
After all the domestic legal procedures of the respective State and the corresponding appeals have been exhausted, the case may be submitted to the international fora whose competence has been recognized by that State.
  
 
+
====Article 9====
== Article 9 ==
 
 
 
 
 
 
The States Parties undertake to incorporate into their national laws regulations guaranteeing suitable compensation for victims of torture.
 
The States Parties undertake to incorporate into their national laws regulations guaranteeing suitable compensation for victims of torture.
  
 
None of the provisions of this article shall affect the right to receive compensation that the victim or other persons may have by virtue of existing national legislation.
 
None of the provisions of this article shall affect the right to receive compensation that the victim or other persons may have by virtue of existing national legislation.
  
 
+
====Article 10====
== Article 10 ==
 
 
 
 
 
 
No statement that is verified as having been obtained through torture shall be admissible as evidence in a legal proceeding, except in a legal action taken against a person or persons accused of having elicited it through acts of torture, and only as evidence that the accused obtained such statement by such means.
 
No statement that is verified as having been obtained through torture shall be admissible as evidence in a legal proceeding, except in a legal action taken against a person or persons accused of having elicited it through acts of torture, and only as evidence that the accused obtained such statement by such means.
  
 
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====Article 12====
== Article 11 ==
 
 
 
 
 
The States Parties shall take the necessary steps to extradite anyone accused of having committed the crime of torture or sentenced for commission of that crime, in accordance with their respective national laws on extradition and their international commitments on this matter.
 
 
 
 
 
== Article 12 ==
 
 
 
 
 
 
Every State Party shall take the necessary measures to establish its jurisdiction over the crime described in this Convention in the following cases:
 
Every State Party shall take the necessary measures to establish its jurisdiction over the crime described in this Convention in the following cases:
  
    a. When torture has been committed within its jurisdiction;
+
When torture has been committed within its jurisdiction;
  
    b. When the alleged criminal is a national of that State; or
+
When the alleged criminal is a national of that State; or
  
    c. When the victim is a national of that State and it so deems appropriate.
+
When the victim is a national of that State and it so deems appropriate.
  
 
Every State Party shall also take the necessary measures to establish its jurisdiction over the crime described in this Convention when the alleged criminal is within the area under its jurisdiction and it is not appropriate to extradite him in accordance with Article 11.
 
Every State Party shall also take the necessary measures to establish its jurisdiction over the crime described in this Convention when the alleged criminal is within the area under its jurisdiction and it is not appropriate to extradite him in accordance with Article 11.
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This Convention does not exclude criminal jurisdiction exercised in accordance with domestic law.
 
This Convention does not exclude criminal jurisdiction exercised in accordance with domestic law.
  
== Article 13 ==
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====Article 13====
 
 
 
The crime referred to in Article 2 shall be deemed to be included among the extraditable crimes in every extradition treaty entered into between States Parties. The States Parties undertake to include the crime of torture as an extraditable offence in every extradition treaty to be concluded between them.
 
The crime referred to in Article 2 shall be deemed to be included among the extraditable crimes in every extradition treaty entered into between States Parties. The States Parties undertake to include the crime of torture as an extraditable offence in every extradition treaty to be concluded between them.
  
Every State Party that makes extradition conditional on the existence of a treaty may, if it receives a request for extradition from another State Party with which it has no extradition treaty, consider this Convention as the legal basis for extradition in respect of the crime of torture. Extradition shall be subject to the other conditions that may be required by the law of the requested State.
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=Status of Signature, Ratification or Accession to the Inter-American Convention to Prevent and Punish the Crime of Torture=
 
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{| class="wikitable" border="1"
States Parties which do not make extradition conditional on the existence of a treaty shall recognize such crimes as extraditable offences between themselves, subject to the conditions required by the law of the requested State.
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|-
 
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! Country
Extradition shall not be granted nor shall the person sought be returned when there are grounds to believe that his life is in danger, that he will be subjected to torture or to cruel, inhuman or degrading treatment, or that he will be tried by special or ad hoc courts in the requesting State.
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! Signature
 
+
! Ratification/Accession
 
+
|-
== Article 14 ==
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| Antigua y Barbuda
 
+
| -
 
+
| -
When a State Party does not grant the extradition, the case shall be submitted to its competent authorities as if the crime had been committed within its jurisdiction, for the purposes of investigation, and when appropriate, for criminal action, in accordance with its national law. Any decision adopted by these authorities shall be communicated to the State that has requested the extradition.
+
|-
 
+
| Argentina
 
+
| 10 February 1986
== Article 15 ==
+
| 18 November 1988
 
+
|-
 
+
| Bahamas
No provision of this Convention may be interpreted as limiting the right of asylum, when appropriate, nor as altering the obligations of the States Parties in the matter of extradition.
+
| -
 
+
| -
== Article 16 ==
+
|-
 
+
| Barbardos
 
+
| -
This Convention shall not limit the provisions of the American Convention on Human Rights, other conventions on the subject, or the Statutes of the Inter-American Commission on Human Rights, with respect to the crime of torture.
+
| -
 
+
|-
== Article 17 ==
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| Belize
 
+
| -
 
+
| -
The States Parties undertake to inform the Inter-American Commission on Human Rights of any legislative, judicial, administrative, or other measures they adopt in application of this Convention.
+
|-
 
+
| Bolivia
In keeping with its duties and responsibilities, the Inter-American Commission on Human Rights will endeavor in its annual report to analyze the existing situation in the member states of the Organization of American States in regard to the prevention and elimination of torture.
+
| 09 December 1985
 
+
| 26 August 2006
== Article 18 ==
+
|-
 
+
| Brazil
This Convention is open to signature by the member states of the Organization of American States.
+
| 24 January 1986
 
+
| 09 June 1989
== Article 19 ==
+
|-
 
+
| Canada
 
+
| -
This Convention is subject to ratification. The instruments of ratification shall be deposited with the General Secretariat of the Organization of American States.
+
| -
 
+
|-
 
+
| Chile
== Article 20 ==
+
| 24 September 1987
 
+
| 15 September 1988
 
+
|-
This Convention is open to accession by any other American state. The instruments of accession shall be deposited with the General Secretariat of the Organization of American States.
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| Colombia
 
+
| 09 December 1985
== Article 21 ==
+
| 02 December 1998
 
+
|-
 
+
| Costa Rica
The States Parties may, at the time of approval, signature, ratification, or accession, make reservations to this Convention, provided that such reservations are not incompatible with the object and purpose of the Convention and concern one or more specific provisions.
+
| 31 July 1986
 
+
| 25 November 1999
 
+
|-
== Article 22 ==
+
| Dominica
 
+
| -
 
+
| -
This Convention shall enter into force on the thirtieth day following the date on which the second instrument of ratification is deposited. For each State ratifying or acceding to the Convention after the second instrument of ratification has been deposited, the Convention shall enter into force on the thirtieth day following the date on which that State deposits its instrument of ratification or accession.
+
|-
 
+
| Dominican Republic
 
+
| 31 March 1986
== Article 23 ==
+
| 12 December 1986
 
+
|-
 
+
| Ecuador
This Convention shall remain in force indefinitely, but may be denounced by any State Party. The instrument of denunciation shall be deposited with the General Secretariat of the Organization of American States. After one year from the date of deposit of the instrument of denunciation, this Convention shall cease to be in effect for the denouncing State but shall remain in force for the remaining States Parties.
+
| 30 May 1986
 
+
| 30 September 1999
== Article 24 ==
+
|-
 
+
| El Salvador
 +
| 16 October 1987
 +
| 17 October 1994
 +
|-
 +
| Grenada
 +
| -
 +
| -
 +
|-
 +
| Guatemala
 +
| 27 October 1986
 +
| 10 December 1986
 +
|-
 +
| Guyana
 +
| -
 +
| -
 +
|-
 +
| Haiti
 +
| 13 June 1986
 +
| -
 +
|-
 +
| Honduras
 +
| 11 March 1986
 +
| -
 +
|-
 +
| Jamaica
 +
| -
 +
| -
 +
|-
 +
| Mexico
 +
| 10 February 1986
 +
| 11 February 1987
 +
|-
 +
| Nicaragua
 +
| 29 September 1987
 +
| 23 September 2009
 +
|-
 +
| Panama
 +
| 10 February 1986
 +
| 27 June 1991
 +
|-
 +
| Paraguay
 +
| 25 October 1989
 +
| 12 February 1990
 +
|-
 +
| Peru
 +
| 10 January 1986
 +
| 27 February 1990
 +
|-
 +
| St. Kitts & Nevis
 +
| -
 +
| -
 +
|-
 +
| St. Lucia
 +
| -
 +
| -
 +
|-
 +
| St. Vincent & Grenadines
 +
| -
 +
| -
 +
|-
 +
| Suriname
 +
| 12 November 1987
 +
| 12 November 1987
 +
|-
 +
| Trinidad and Tobago
 +
| -
 +
| -
 +
|-
 +
| United States
 +
| -
 +
| -
 +
|-
 +
| Uruguay
 +
| 09 December 1985
 +
| 23 September 1992
 +
|-
 +
| Venezuela (Bolivarian Republic of)
 +
| 09 December 1985
 +
| 25 June 1991
 +
|-
 +
|}
  
The original instrument of this Convention, the English, French, Portuguese, and Spanish texts of which are equally authentic, shall be deposited with the General Secretariat of the Organization of American States, which shall send a certified copy to the Secretariat of the United Nations for registration and publication, in accordance with the provisions of Article 102 of the United Nations Charter. The General Secretariat of the Organization of American States shall notify the member states of the Organization and the States that have acceded to the Convention of signatures and of deposits of instruments of ratification, accession, and denunciation, as well as reservations, if any.
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----
 +
See [[International Law]]

Latest revision as of 09:34, 30 April 2012

Adopted by the Organization of American States on December 9, 1985. Entered into force on February 28, 1997.

Relevant Provisions of the Inter-American Convention to Prevent and Punish the Crime of Torture

Article 1

The State Parties undertake to prevent and punish torture in accordance with the terms of this Convention.

Article 2: Definition of Torture

For the purposes of this Convention, torture shall be understood to be any act intentionally performed whereby physical or mental pain or suffering is inflicted on a person for purposes of criminal investigation, as a means of intimidation, as personal punishment, as a preventive measure, as a penalty, or for any other purpose. Torture shall also be understood to be the use of methods upon a person intended to obliterate the personality of the victim or to diminish his physical or mental capacities, even if they do not cause physical pain or mental anguish.

The concept of torture shall not include physical or mental pain or suffering that is inherent in or solely the consequence of lawful measures, provided that they do not include the performance of the acts or use of the methods referred to in this article.

Article 3

The following shall be held guilty of the crime of torture:

A public servant or employee who acting in that capacity orders, instigates or induces the use of torture, or who directly commits it or who, being able to prevent it, fails to do so.

A person who at the instigation of a public servant or employee mentioned in subparagraph (a) orders, instigates or induces the use of torture, directly commits it or is an accomplice thereto.

Article 4

The fact of having acted under orders of a superior shall not provide exemption from the corresponding criminal liability.

Article 5

The existence of circumstances such as a state of war, threat of war, state of siege or of emergency, domestic disturbance or strife, suspension of constitutional guarantees, domestic political instability, or other public emergencies or disasters shall not be invoked or admitted as justification for the crime of torture.

Neither the dangerous character of the detainee or prisoner, nor the lack of security of the prison establishment or penitentiary shall justify torture.

Article 6

In accordance with the terms of Article 1, the States Parties shall take effective measures to prevent and punish torture within their jurisdiction.

The States Parties shall ensure that all acts of torture and attempts to commit torture are offenses under their criminal law and shall make such acts punishable by severe penalties that take into account their serious nature.

The States Parties likewise shall take effective measures to prevent and punish other cruel, inhuman, or degrading treatment or punishment within their jurisdiction.

Article 7

The States Parties shall take measures so that, in the training of police officers and other public officials responsible for the custody of persons temporarily or definitively deprived of their freedom, special emphasis shall be put on the prohibition of the use of torture in interrogation, detention, or arrest.

The States Parties likewise shall take similar measures to prevent other cruel, inhuman, or degrading treatment or punishment.

Article 8

The States Parties shall guarantee that any person making an accusation of having been subjected to torture within their jurisdiction shall have the right to an impartial examination of his case.

Likewise, if there is an accusation or well-grounded reason to believe that an act of torture has been committed within their jurisdiction, the States Parties shall guarantee that their respective authorities will proceed properly and immediately to conduct an investigation into the case and to initiate, whenever appropriate, the corresponding criminal process.

After all the domestic legal procedures of the respective State and the corresponding appeals have been exhausted, the case may be submitted to the international fora whose competence has been recognized by that State.

Article 9

The States Parties undertake to incorporate into their national laws regulations guaranteeing suitable compensation for victims of torture.

None of the provisions of this article shall affect the right to receive compensation that the victim or other persons may have by virtue of existing national legislation.

Article 10

No statement that is verified as having been obtained through torture shall be admissible as evidence in a legal proceeding, except in a legal action taken against a person or persons accused of having elicited it through acts of torture, and only as evidence that the accused obtained such statement by such means.

Article 12

Every State Party shall take the necessary measures to establish its jurisdiction over the crime described in this Convention in the following cases:

When torture has been committed within its jurisdiction;

When the alleged criminal is a national of that State; or

When the victim is a national of that State and it so deems appropriate.

Every State Party shall also take the necessary measures to establish its jurisdiction over the crime described in this Convention when the alleged criminal is within the area under its jurisdiction and it is not appropriate to extradite him in accordance with Article 11.

This Convention does not exclude criminal jurisdiction exercised in accordance with domestic law.

Article 13

The crime referred to in Article 2 shall be deemed to be included among the extraditable crimes in every extradition treaty entered into between States Parties. The States Parties undertake to include the crime of torture as an extraditable offence in every extradition treaty to be concluded between them.

Status of Signature, Ratification or Accession to the Inter-American Convention to Prevent and Punish the Crime of Torture

Country Signature Ratification/Accession
Antigua y Barbuda - -
Argentina 10 February 1986 18 November 1988
Bahamas - -
Barbardos - -
Belize - -
Bolivia 09 December 1985 26 August 2006
Brazil 24 January 1986 09 June 1989
Canada - -
Chile 24 September 1987 15 September 1988
Colombia 09 December 1985 02 December 1998
Costa Rica 31 July 1986 25 November 1999
Dominica - -
Dominican Republic 31 March 1986 12 December 1986
Ecuador 30 May 1986 30 September 1999
El Salvador 16 October 1987 17 October 1994
Grenada - -
Guatemala 27 October 1986 10 December 1986
Guyana - -
Haiti 13 June 1986 -
Honduras 11 March 1986 -
Jamaica - -
Mexico 10 February 1986 11 February 1987
Nicaragua 29 September 1987 23 September 2009
Panama 10 February 1986 27 June 1991
Paraguay 25 October 1989 12 February 1990
Peru 10 January 1986 27 February 1990
St. Kitts & Nevis - -
St. Lucia - -
St. Vincent & Grenadines - -
Suriname 12 November 1987 12 November 1987
Trinidad and Tobago - -
United States - -
Uruguay 09 December 1985 23 September 1992
Venezuela (Bolivarian Republic of) 09 December 1985 25 June 1991

See International Law