For the purposes of this Convention, the term "torture" means
any act by which severe pain or suffering, whether physical or mental,
is intentionally inflicted on a person for such purposes as obtaining
from him or a third person information or a confession, punishing him
for an act he or a third person has committed or is suspected of
having committed, or intimidating or coercing him or a third person,
or for any reason based on discrimination of any kind, when such pain
or suffering is inflicted by or at the instigation of or with the
consent or acquiescence of a public official or other person acting in
an official capacity. It does not include pain or suffering arising
only from, inherent in or incidental to lawful sanctions.
This article is without prejudice to any international
instrument or national legislation which does or may contain
provisions of wider application.
Each State Party shall take effective legislative,
administrative, judicial or other measures to prevent acts of torture
in any territory under its jurisdiction.
No exceptional circumstances whatsoever, whether a state of war
or a threat of war, internal political in stability or any other
public emergency, may be invoked as a justification of torture.
An order from a superior officer or a public authority may not
be invoked as a justification of torture.
No State Party shall expel, return ("refouler") or extradite a
person to another State where there are substantial grounds for
believing that he would be in danger of being subjected to
For the purpose of determining whether there are such grounds,
the competent authorities shall take into account all relevant
considerations including, where applicable, the existence in the State
concerned of a consistent pattern of gross, flagrant or mass
violations of human rights.
Each State Party shall ensure that all acts of torture are
offences under its criminal law. The same shall apply to an attempt to
commit torture and to an act by any person which constitutes
complicity or participation in torture.
Each State Party shall make these offences punishable by
appropriate penalties which take into account their grave
Each State Party shall take such measures as may be necessary to
establish its jurisdiction over the offences referred to in article 4
in the following cases:
When the offences are committed in any territory under its
jurisdiction or on board a ship or aircraft registered in that
When the alleged offender is a national of that
When the victim is a national of that State if that
State considers it appropriate.
Each State Party shall likewise take such measures as may be
necessary to establish its jurisdiction over such offences in cases
where the alleged offender is present in any territory under its
jurisdiction and it does not extradite him pursuant to article 8 to
any of the States mentioned in paragraph I of this article.
This Convention does not exclude any criminal jurisdiction
exercised in accordance with internal law.
Upon being satisfied, after an examination of information
available to it, that the circumstances so warrant, any State Party in
whose territory a person alleged to have committed any offence
referred to in article 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 continued only for such time as is necessary to enable any
criminal or extradition proceedings to be instituted.
Such State shall immediately make a preliminary inquiry into the
Any person in custody pursuant to paragraph I of this article
shall be assisted in communicating immediately with the nearest
appropriate representative of the State of which he is a national, or,
if he is a stateless person, with the representative of the State
where he usually resides.
When a State, pursuant to this article, has taken a person into
custody, it shall immediately notify the States referred to in article
5, paragraph 1, of the fact that such person is in custody and of the
circumstances which warrant his detention. The State which makes the
preliminary inquiry contemplated in paragraph 2 of this article shall
promptly report its findings to the said States and shall indicate
whether it intends to exercise jurisdiction.
The State Party in the territory under whose jurisdiction a
person alleged to have committed any offence referred to in article 4
is found shall in the cases contemplated in article 5, if it does not
extradite him, submit the case to its competent authorities for the
purpose of prosecution.
These authorities shall take their decision in the same manner
as in the case of any ordinary offence of a serious nature under the
law of that State. In the cases referred to in article 5, paragraph
2, the standards of evidence required for prosecution and conviction
shall in no way be less stringent than those which apply in the cases
referred to in article 5, paragraph 1.
3Any person regarding whom proceedings are brought in connection
with any of the offences referred to in article 4 shall be guaranteed
fair treatment at all stages of the proceedings.
The offences referred to in article 4 shall be deemed to be
included as extraditable offences in any extradition treaty existing
between States Parties. States Parties undertake to include such
offences as extraditable offences in every extradition treaty to be
concluded between them.
If a State Party which makes extradition conditional on the
existence of a treaty receives a request for extradition from another
State Party with which it has no extradition treaty, it may consider
this Convention as the legal basis for extradition in respect of such
offences. Extradition shall be subject to the other conditions
provided by the law of the requested State.
States Parties which do not make extradition conditional on the
existence of a treaty shall recognize such offences as extraditable
offences between themselves subject to the conditions provided by the
law of the requested State.
Such offences shall be treated, for the purpose of extradition
between States Parties, as if they had been committed not only in the
place in which they occurred but also in the territories of the States
required to establish their jurisdiction in accordance with article 5,
States Parties shall afford one another the greatest measure of
assistance in connection with criminal proceedings brought in respect
of any of the offences referred to in article 4, including the supply
of all evidence at their disposal necessary for the
States Parties shall carry out their obligations under paragraph
I of this article in conformity with any treaties on mutual judicial
assistance that may exist between them.
Each State Party shall ensure that education and information
regarding the prohibition against torture are fully included in the
training of law enforcement personnel, civil or military, medical
personnel, public officials and other persons who may be involved in
the custody, interrogation or treatment of any individual subjected to
any form of arrest, detention or imprisonment.
Each State Party shall include this prohibition in the rules or
instructions issued in regard to the duties and functions of any such
Each State Party shall keep under systematic review
interrogation rules, instructions, methods and practices as well as
arrangements for the custody and treatment of persons subjected to any
form of arrest, detention or imprisonment in any territory under its
jurisdiction, with a view to preventing any cases of
Each State Party shall ensure that its competent authorities
proceed to a prompt and impartial investigation, wherever there is
reasonable ground to believe that an act of torture has been committed
in any territory under its jurisdiction.
Each State Party shall ensure that any individual who alleges he
has been subjected to torture in any territory under its jurisdiction
has the right to complain to, and to have his case promptly and
impartially examined by, its competent authorities. Steps shall be
taken to ensure that the complainant and witnesses are protected
against all ill-treatment or intimidation as a consequence of his
complaint or any evidence given.
Each State Party shall ensure in its legal system that the
victim of an act of torture obtains redress and has an enforceable
right to fair and adequate compensation, including the means for as
full rehabilitation as possible. In the event of the death of the
victim as a result of an act of torture, his dependants shall be
entitled to compensation.
Nothing in this article shall affect any right of the victim or
other persons to compensation which may exist under national
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
Each State Party shall undertake to prevent in any territory
under its jurisdiction other acts of cruel, inhuman or degrading
treatment or punishment which do not amount to torture as defined in
article I, when such acts are committed by or at the instigation of or
with the consent or acquiescence of a public official or other person
acting in an official capacity. In particular, the obligations
contained in articles 10, 11, 12 and 13 shall apply with the
substitution for references to torture of references to other forms of
cruel, inhuman or degrading treatment or punishment.
The provisions of this Convention are without
prejudice to the provisions of any other international instrument or
national law which prohibits cruel, inhuman or degrading treatment or
punishment or which relates to extradition or expulsion.