26.06.2022

Torture is one of the gravest human rights violations

On 26 June 1997, the General Assembly established the International Day in Support of Victims of Torture. It was on this day 10 years ago that the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment was adopted.

The prohibition of torture is imperative and absolute. That means is, under no circumstances should anyone be subjected to torture or other inhuman treatment.

Ukraine ratified the convention in 1987. As of April 2022, the Convention has 173 member states.

The Convention consists of a preamble and 33 articles grouped into 3 sections.

Part I (Articles 1–16) contains a definition of torture (Article 1) as 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.

Part II (Articles 17–24) governs reporting and monitoring of the Convention and the steps taken by the parties to implement it. It establishes the Committee against Torture (Article 17), and empowers it to investigate allegations of systematic torture (Article 20). It also establishes an optional dispute-resolution mechanism between parties (Article 21) and allows parties to recognize the competence of the Committee to hear complaints from individuals about violations of the Convention by a party (Article 22).

Part III (Articles 25–33) governs ratification, entry into force, and amendment of the Convention. It also includes an optional arbitration mechanism for disputes between parties (Article 30).

Torture is an unacceptable practice and it cannot be justified.

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