The United Nations Convention Against Torture and its Optional Protocol

• Introduction


• Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment


• Preamble


• Part I: Substantive Articles


• Article 1. Definition of Torture


• Article 2. Obligation to Prevent Torture


• Article 3. Principle of Non-Refoulement


• Article 4. Obligation to Criminalize Torture


• Article 5. Types of Jurisdiction over the Offence of Torture


• Article 6. Procedural Safeguards During the Preliminary Investigation Phase


• Article 7. Aut Dedere aut Judicare


• Article 8. The Convention as a Basis for Extradition


• Article 9. Mutual Judicial Assistance


• Article 10. Training of Personnel


• Article 11. Review of detention and interrogation rules


• Article 12. Ex Officio Investigations


• Article 13. Right of Victims to Complain


• Article 14. Right of torture victims to adequate remedy and reparation


• Article 15. Non-Admissibility of Evidence Obtained by Torture


• Article 16. Cruel, Inhuman or Degrading Treatment or Punishment


• Part II: Procedural Articles


• Article 17. Committee against Torture


• Article 18. Rules of Procedure


• Article 19. State Reporting Procedure


• Article 20. Inquiry Procedure


• Article 21. Inter-State Communications


• Article 22. Individual Complaints Procedure


• Article 23. Privileges and Immunities


• Article 24. Annual Report


• Part III: Final Clauses


• Article 25. Signature and Ratification


• Article 26. Accession and Succession


• Article 27. Entry into Force


• Article 28. Opting out of the inquiry Procedure


• Article 29. Amendment


• Article 30. Settlement of Disputes

Manfred Nowak was appointed as independent expert leading the United Nations Global Study on Children Deprived of Liberty in October 2016. He is Professor for International Human Rights at the University of Vienna, where he is the scientific director of the Vienna Master of Arts in Human Rights and co-director of the Ludwig Boltzmann Institute for Human Rights. He serves as Secretary General of the Global Campus of Human Rights in Venice. Manfred Nowak has carried out various expert functions for the UN, the Council of Europe, the EU, and other inter-governmental organizations. He served for many years in various functions as UN Expert on Enforced Disappearances (1993 to 2006) and as one of eight international judges in the Human Rights Chamber for Bosnia and Herzegovina in Sarajevo (1996 to 2003). He served as UN Special Rapporteur on Torture (2004 to 2010), where he visited numerous institutions throughout the world where children were deprived of liberty in unimaginable conditions.

Moritz Birk is Head of the department 'Human Dignity and Public Security' at the Ludwig Boltzmann Institute of Human Rights. He joined the Institute in 2009 as Assistant to the UN Special Rapporteur on Torture (-2010) and has since implemented numerous research and technical capacity projects on torture and ill-treatment worldwide. e lectures. Before joining the Institute he worked with the UNHCR and human rights organisations in Ghana, Mexico, Senegal and Sweden. He holds an LL.M. in International Human Rights Law, studied law in Germany and France and is certified as organisational consultant.

Giuliana Monina is researcher at the Ludwig Boltzmann Institute of Human Rights - Human Dignity and Public Security Department. She joined in 2016 and has since focused on several research projects on the topics of torture and ill-treatment as well as migration and asylum. She has completed her legal studies at the Universities of Bologna. Before the Ludwig Boltzmann Institute of Human