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Report No. 273

(iii) A State Party's Undertakings

2.8 Most of the provisions of the CAT deal with the obligations of the State parties. These obligations may be summarised as follows:21

(i) Each State party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture. The prohibition against torture shall be absolute and shall be upheld also in a state of war and in other exceptional circumstances (Article 2);

(ii) No State party may expel or extradite a person to a State where there are substantial grounds for believing that he would be in danger of being subjected to torture (Article 3);

(iii) Each State party shall ensure that acts of torture are serious criminal offences within its legal system (Article 4);

(iv) Each State party shall, on certain conditions, take a person suspected of the offence of torture into custody and make a preliminary inquiry into the facts (Article 6);

(v) Each State party shall either extradite a person suspected of the offence of torture or submit the case to its own authorities for prosecution (Article 7);

(vi) Each State party shall ensure that education and information regarding the prohibition against torture are fully included in the training of law enforcement personnel, civil or military, medical personnel, public officials (Article 10);

(vii) Each State party shall ensure that its authorities make investigations when there is reasonable ground to believe that an act of torture has been committed (Article 12);

(viii) Each State party shall ensure that an individual who alleges that he has been subjected to torture will have his case examined by the competent authorities (Article 13);

(ix) Each State party shall ensure to victims of torture an enforceable right to fair and adequate compensation (Article 14).



Implementation of United Nations Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment through Legislation Back




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