COMPILATION OF INTERNATIONAL NORMS
AND STANDARDS RELATING TO DISABILITY
Part II. International Human Rights. 7/8   
6. The Convention Against Torture and Other Cruel, Inhuman and Degrading
Treatment or Punishment
The Convention against Torture and other Cruel, Inhuman or Degrading Treatment
or Punishment contains universally applicable standards, which are relevant
to persons with disabilities, as torture can lead to disabilities. Therefore, the
prevention of torture will help to reduce the incidence of disabilities. Pursuant to
article 2 (1), States Parties undertake to adopt effective legislative, administrative,
judicial or other measures to prevent acts of torture in any territory under its
jurisdiction. Article 2 (2) provides that no exceptional circumstances whatsoever may be
invoked as a justification for torture. Therefore, under no circumstances may any order
from a superior officer, or circumstances in a state or threat of war, or internal
political instability be a justification for torture.
Article 14 of the Convention concerns the provision of compensation for victims of
torture. States Parties must ensure legal remedies to victims of torture whereby victims
may obtain redress and compensation, including the means for as full rehabilitation as
possible. Therefore, persons disabled as a result of torture must be provided with legally
enforceable rights to compensation to assist in their rehabilitation.
The Convention establishes a Committee pursuant to the provisions of article 17 of the Convention
against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment.
6.1
Reporting Procedure
As is required of the other treaty based Committees, the States Parties have to submit
reports to the Committee. Initial reports should be submitted in two parts. The first part
should do the following:
- Describe the general legal framework to prohibit torture and other inhuman treatment;
- Indicate national or international binding obligations on the State to provide greater
protection than that afforded by the Convention;
- Indicate national redress procedures for victims of violations of the Convention and
provide information on cases dealing with by those authorities.
The second part of the report should provide information on the implementation of
articles 1 to 16 of the Convention, indicating the following:
- The legislative, judicial and administrative measures in force which give effect to the
relevant provisions;
- Any factors and difficulties affecting the practical implementation of the provisions;
and
- Statistical data on cases where measures giving effect to the respective provisions have
been enforced, including descriptions of actual cases.
Subsequent periodic reports should provide information additional to that in initial
reports on new measures taken. Before being considered by the Committee, the reports
receive the attention of the member designated as Country Rapporteur, who undertakes a
detailed analysis in preparation for the consideration by the Committee, and to both
identify key issues and prepare questions and comments to be put to the representatives of
the Government. After consideration by the Committee, it adopts its Conclusions and
Recommendations, which comprises a critique of the State report, noting positive
factors, but also drawing attention to subjects of concern.
6.2 Investigation Procedure
This procedure has no equivalent in other UN human rights instruments. All State
Parties to the Convention are bound by the terms of article 20, unless they have, at the
time of ratification or accession, declared and not subsequently withdrawn such
declaration that they do not recognise the competence of the Committee under the article.
The article 20 procedure provides for the investigation of well-founded indications of
the systematic practices of torture in a State Party. In order to initiate this procedure,
information provided must indicate the systematic practice of torture (article 20,
paragraph 1). Once the information is deemed to meet the criteria of article 20, paragraph
1, the Government concerned is invited to comment within a stated time limit. The
Committee may then decide to conduct an enquiry. This would be conducted by one or more of
its members, assisted by appropriate independent specialists. It may also invite the
Government to afford its co-operation, including, if appropriate, the provision of
facilities for the conducting of visiting missions. The enquiry may involve the conducting
of sworn hearings. The Governments are requested that such proceedings are not interrupted
and that those heard are not intimidated.
After examining the findings of the enquiry, the Committee sends the findings, together
with its comments and recommendations, to the State Party, inviting it to indicate action,
which it intends to take. Finally, the Committee may decide to publish a summary of the
proceedings in its annual report.
6.3 Individual Complaints Procedure
This procedure permits individuals to complain to the Committee about a State Party in
circumstances in which they are the alleged victims of violations of the Convention, and
the State Party has made the necessary declaration under article 22. Nevertheless, it
should be noted that the Committee is not a court. Thus, the Committee only adopts views
but cannot issue judgements and has no possibilities to enforce the views it adopts.
All steps of the procedure under article 22 are confidential until the point where the
Committee adopts its views or otherwise concludes the case. Before a case can be
considered on its merits, it is necessary for it to have been found admissible. The
admissibility requirements are similar to those of the individual complaints procedure
before the Human Rights Committee.
Once the case has been found admissible and the Committee is of the view that it has
gathered sufficient information, it proceeds to a consideration of the merits and the
adoption of the views. The Committee can also make recommendations. The views are then
communicated to the State Party and the complainant.
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