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Report No. 152

4.7. Measures.-

Article 2 of the U.N. Convention against Torture (1984) obligates the State parties to the Convention to 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, international political instability 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 for torture. Article 4 reads as under:-

"Article 4.1-Each State party shall ensure that all acts of torture are offence 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 make these offences punishable by appropriate penalties which take into account their grave nature."

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