The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) was adopted by the UN General Assembly on 10 December 1984 and entered into force on 26 June 1987. It is one of the nine core UN human rights treaties and codifies the absolute prohibition of torture already reflected in the Universal Declaration of Human Rights and the ICCPR.
Article 1 defines torture as the intentional infliction of severe pain or suffering, physical or mental, by or with the acquiescence of a public official, for purposes such as obtaining information, punishment, intimidation, or discrimination. Article 2 establishes that no exceptional circumstances whatsoever—war, public emergency, or orders from a superior—may be invoked to justify torture, making the prohibition non-derogable. Article 3 contains the principle of non-refoulement, barring states from returning a person to a country where they face a substantial risk of torture.
States parties must criminalize torture under domestic law (Art. 4), establish jurisdiction including on a universal basis (Art. 5), investigate allegations promptly (Art. 12), guarantee victims a right to redress and compensation (Art. 14), and exclude statements obtained by torture from evidence (Art. 15). Article 16 extends related obligations to cruel, inhuman or degrading treatment.
Implementation is monitored by the Committee against Torture, a body of ten independent experts that reviews periodic state reports, issues general comments, and—where states have accepted the competence under Articles 21 and 22—considers inter-state and individual communications. The Optional Protocol (OPCAT), adopted in 2002 and in force since 2006, created the Subcommittee on Prevention of Torture and requires parties to designate National Preventive Mechanisms with access to places of detention.
The Convention has been widely ratified, though several major states have entered reservations, and others, including the United States, have attached interpretive understandings narrowing the definition of mental pain or suffering.
Example
In 1998, the UK House of Lords cited the Convention against Torture when ruling that former Chilean leader Augusto Pinochet could be extradited to Spain, holding that torture was a crime of universal jurisdiction not shielded by head-of-state immunity.
Frequently asked questions
Yes. Article 2(2) of CAT states that no exceptional circumstances—including war, political instability, or superior orders—may be invoked as justification, and the prohibition is widely recognized as a jus cogens norm.
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