Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697643127417.pdf (Antigua and Barbuda)
NO.

15 of 1993.

The Suppression of Torture Act, 1993.

ANTIGUA AND BARBUDA [L. S.] I Assent, B. T. Carrott, Governor-General's Deputy.

26th May, 1993.

ANTIGUA AND BARBUDA No.

15 of 1993 AN ACT to implement the United Nations Convention Against Torture and other Cruel.

Inhuman or Degrading Treat- ment or Punishment and for connected purposes.

[ 10th June, 1993 1 ENACTED by the Parlianent of Antigua and Barbuda as follows - 1.

This Act may be cited as the Suppression of Torture Act, short 1993.

2.
2.

In this Act - Interpretation.

"the Torture Convention" lneans the United Nations Con- vention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment adopted by the United Nations General Assembly on 10th December 1984; "Public Officer" means a person holding or acting in any public office and includes an office of emolument in the Police Force.

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(1) A public officer or person acting in an official capacity, whatever his nationality, commits the offence of torture if in Antigua and Barbuda or elsewhere he intentionally inflicts severe pain or suffering on another in the performance or purported performance of his official.

duties.
(2) A person not falling within subsection (1) commits the offence of torture, whatever his nationality, if - (a) in Antigua and Barbuda or elsewhere he intention- ally infli'cts severe pain or suffering on another at the instigation or with the consent or acquies- cence- (i) of a public officer; or (ii) of aperson acting in an official capacity; and (b) the officer or other person is performing or purport- ing to perform his official duties when he instigates the commission of the offence or consents to or acquiesces in it.
(3) It is immaterial whether the pain or suffering is physical or mental and whether it is caused by an act or an ommission.

(4) It shall be a defence for a person charged with an offence under this section in respect of any conduct of his to prove that he had lawful authority justification or excuse for that conduct.
(5) For the purposes of this section "lawful authority, justifi- cation or excuse" means- (a) in relation to pain or suffering inflicted in Antigua and Barbuda, lawful authority, justification or ex- cuse under the law of Antigua and Barbuda; (b) in relation to pain or suffering inflicted outside Antigua and Barblzda - (i) if it was inflicted by a person ta an officer acting under the law of Antigua and Barbud3 or by a person acting in an official capacity under that law, lawful authority, justificatjlorl or excuse under that law; and No.
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3 ANTIGUA AND BARBUDA (ii) in any other case, lawful authority justifica- tion or excuse under the law of the place where it was inflicted.

(6) A person who commits the offence of torture shall be liable on conviction on indictment to imprisonment for life.

4.
4.

(1) Subject to subsection (2), no proceedings for the trial and punishment of any person charged with an offence under section 3 shall be instituted in any court except with the consent of the Director of Public Prosecutions.

Prosecution of offences.


(2) A person charged with an offence referred to in subsection (1) may be arrested, or a warrant for his arrest may be issued and executed, and he ma17 be remanded in custody or on bail, notwithstanding that the consent of the Director of Public J3osecutions to the institution of a prosecution for the offence has not been obtained, but no further proceedings shall be taken until that consent has been obtained.

5.
5.

For any purpose in connection with this Act, a certificate given by the Minister charged with responsibility for External Affairs certifying - Evidence.

(a) that any State ie or is not, or was or was not at any material time, aparty to the Torture Convention; or (b) that the Government of any State is or is not, or was or was not at any material time, responsible for the international relations of any territory shall be sufficient evidence of that fact.

6.
6.

For the purposes of the Extradition Act, 1993, no offence to which section 3 applies shall be regarded as an offence of a political character and no proceedings in respect of such an offence shall be regarded as a criminal matter of a political character.

Torture not to be regarded as of a political character.

7.

This Act shall not affect death by any form permitted by law in execution of a sentence of a court in respect of a conviction of the crime of treason or murder.
Death as a penalty in execution of a sentence of a court not affected.

8.

This Act is remedial and shall be given such fair, large and liberal construction and interpretation as best ensures the attain- ment of the purposes of the Torture Convention, the text of which is cmedixied in the Schedule.

Purposes and construction.

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SCHEDULE CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT The States Parties to this Convention, Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, Recognizing that those rights derive from the inherent dignity of the human person, Considering the obligation of States under the Charter, in particular Article 55, to promote universal respect for, and observance of, human rights and fundamental freedoms, Having regard to article 5 of the Universal Declaration of Human Rights and Article 7 of the International Covenant on Civil and political Rights, both of which provide that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment, Having regard also to the Declaration on the Protection of All Persons from Being Subjected to Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the General Assembly on 9 December 1975.
Desiring to make more effeclive the struggle against torture and other cruel, inhuman or degrading treatment or punishment throughout the world.

Have agreed as follows: PART 1 Article 1 1.
For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally ~nflicted 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 NO.
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5 ANTIGUA AND BARBUDA 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.

2.

This article is without prejudice to any international instrument or national legislation which does or may contain provisions of wider application.

Article 2 1.
Article 2 1.

Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any temtory under its jurisdiction.

2.

No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.

3.

An order from a superior officer or a public authority may not be invoked as a justification of tamre.

Article 3 1.
Article 3 1.

No State Party shall expel, return ("refouler") or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.

2.

For the purpose of determining whether there are such grounds, the competent authorities shall take into account all relevant considerations including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights.
Article 4 1.

Each State Party shall ensure that all acts of torture are offences 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.

2.

Each State Party shall make these offences punishable by appropriate penalties which take inlo account their grave nature.

Article 5 1.
Article 5 1.

Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offe~lces referred to in article 4 in the following cases: 6 The Suppression of Torture Act, 1993.

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ANTIGUA AND BARBUDA (a) When the offences arecommittedin any territory under itsjurisdiction or on board a ship or aircraft registered in that State; (b) When the alleged offender is a national of that State; (c) When the victim is a national of that State if that State considers it appropriate.

2.
2.

Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over such offences in cases where the alleged offender is present in any territory under its jurisdiction and it does not extradite him pursuant to article 8 to any of the State mentioned in paragraph 1 of this article.

3.

This Convention does not exclude any criminal jurisdiction exercised in accordance with internal law.

Article 6 1.
Article 6 1.

Upon being satisfied, after an examination of information available to it, that the circumstances so warrant, any State Party in whose territory a person alleged to have committed any offence referred to in article 4 is present shall take him into custody or take other legal measures to ensure his presence.
The custody and other legal measures shall be as provided in the law of that State but may be continued only for such time as is necessary to enable any criminal or extradition proceedings to be instituted.

2.

Such State shall immediately make a preliminary inquiry into the facts.

3.
3.

Any person in custody pursuant to paragraph 1 of this article shall be assisted in communicating immediately with tlie nearest appropriate representative of the State of which he is a national, or, if he is a stateless person, with the representative of the State where he usually resides.

4.
4.

When a State, pursuant to this article, has taken a person into custody, it shall immediately notify the States referred to in article 5, paragraph 1, of the fact that such person is in custody and of the circumstances which warrant his detention.

The State which makes the preliminary inquiry contemplated in paragraph 2 of this article shall pro~ptly report its findings to the said States and shall indicate whether it intends to exercise jurisdiction.

Article 7 1.
Article 7 1.

The State Party in the territory under whose jurisdiction a person alleged to have committed any offence referred to in article 4 is found shall in the cases NO.

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7 ANTIGUA AND BARBUDA contemplated in article 5, if it does not extradite him, submit the case to its competent authorities for the purpose of prosecution.

2.
2.

These authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature under the law of that State.

In the ca3e referred to in article 5, paragraph 2, the standards of evidence required for prosecution and conviction shall in no way be less stringent than those which apply in the cases referred to in article 5, paragraph 1.

3.
3.

Any person regarding whom proceedings are brought in connection with any of the offences referred to in article 4 shall be guaranteed fair treatment at all stages of the proceedings.

Article 8 1.

The offences referred to in article 4 shall be deemed to be included as extraditable offences in any extradition treaty existing between States Parties.

States Parties undertake to include such offences as extradition offences in every extradition treaty to be concluded between them.

2.
2.

If a State Party which makes extradition conditional on the existence of a treaty receives arequest for extradition from another.

State Party with which it has no extradition treaty, it may consider this Convention as the legal basis for extradition in respect of such offences.

Extradition shall be subject to the other conditions provided by the law of the requested State.

3.
3.

States Parties which do not make extradition conditional on the existence of a treaty shall recognize such offences as extraditable offences between themselves subject to the conditions provided by the law of the requested State.

4.
4.

Such offences shall be treated, for the purpose of extradition between States Parties, as if they had been committed not only in the place in which they occurred but also in the territories of the States required to estblish their jurisdiction in accordance with article 5, paragraph 1.

Article 9 1.
Article 9 1.

States Parties shall afford one anoher the greatest measures of assistance in connection with criminal proceedings brought in respect of any of the offences referred to in article 4, including the supply of all evidence at their disposal necessary for the proceedings.

2.

States Parties shall carry out their obligations under paragraph 1 of this article in conformity with any treaties on mutual judicial assistance that may exist between them.
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Article 10 1.

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 and other persons who may be involved in the custody, interrogation or treatment of any individual subjected to any form of arrest, detention or imprisonment.

2.
2.

Each State Party shall include this prohibition in the rules or instructions issued in regard to the duties and functions of any such person.

Article 11 Each State Party shall keep under systematic review interrogation rules, instructions, methods and practices as well as arrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment in any territory under its jurisdiction, with a view to preventing any cases of torture.
Article 12 Each State Party shall ensure that its competent authorities proceed to aprompt and impartial investigation, wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction.

Article 13 Each State Party shall ensure that any individual who alleges he has been subjected to torture in any territory under its jurisdiction has the right to complain to, and to give his case promptly and impartially examined by, its competent authorities.
Steps shall be taken that the complainant and witnesses are protected against all ill-treatment or information as a consequence of his complaint or any evidence given.

Article 14 1.

Each State Party shall ensure in its legal systems that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compen- sation, including the means for as full rehabilitation as possible.
In the event of the death of the victim as a result of an act of torture, his dependants shall be entitled to compensation.

2.

Nothing in this article shall affect any right of the victim or other persons to compensation which may exist under national law.

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9 ANTIGUA AND BARBUDA Article 15 Each State Party shall ensure that any statement which is established to have been made as aresult of torture shall not be invokedas evidence in any proceedings, except against aperson accusedof torture as evidence that the statement was made.

Article 16 1.
Article 16 1.

Each State Party shall undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in article 1, when such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.
In particular, the obligations contained in articles 10, 11, 12, and 13 shall apply with the substitution for references to torture of references to other forms of cruel, inhuman or degrading treatment or punishment.

2.

The provisions of this Convention are without prejudice to the provisions of any other international instrument or national law which prohibits cruel, inhuman or degrading treatment or punishment or which relates to extradition or expulsion.

PART II Article 17 I.


There shall be established a Committee against Torture (hereinafter referred to as the Committee) which shall carry out the functions hereinafter provided.

The Committee shall consist of ten experts of high moral standings and recognised competence in the field of human rights, who shall serve in consideration being given to equitable geographical distribution and to the usefulness of the participa- tion of some persons having legal experience.

2.
2.

The members of the Committee shall be elected by secret ballot from a list of persons nominated by States Parties.

Each State Party may nominate one person from among its own nationals.

States Parties shall bear in mind the usefulness of nominating persons who are also members of the Human Rights Committee established under the International Covenant on Civil and Political Rights and who are willing to serve on the Committee against Torture.

3.
3.

Elections of the members of thecommittee shall be heldat biennialmeetings of States Parties convened by the Secretary-General of the United Nations.

At those meetings, for which two thirds of the State Parties shall constitute a quorum, the person elected to the Committee shall be those who obtain the largest number of votes and an absolute majority of the votes of the representatives of States Parties present and voting.

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ANTIGUA AND BARBUDA 4.

The initial election shall be heldno later than six months after the date of the entry into force of this Convention.

At least four months before the date of each election, the Secretary-General of the United Nations shall address a letter to the State Parties inviting them to submit their nominations within three months.
The Secretary-General shall prepare a list in alphabetical order of all persons thus nominated, indicating the States Parties which have nominated them, and shdl submit it to the States Parties.

5.

The members of the Committee shall be elected for a term of four years.

They shall be eligible for re-election if renominated.
However, the term of five of the members elected at the first election shall expire at the end of two years; immediately after the first election the names of these five members shall be chosen by lot by the chairman of the meeting referred to in paragraph 3 of this article.

6.
6.

If a member of the Committee dies or resigns or for any other cause can no longer perform his Committee duties, the State Party which nominated him shall appoint another expert from among its nationals to serve for the remainder of his term, subject to the approval of the majority of the States Parties.
The approval shall be considered given unless half or more of the State Parties respond negatively within six weeks after having been informed by the Secretary-General of the United Nations of the proposed appointment.

7.

States Parties shall be responsible for the expenses of the members of the Committee while they are in performance of Committee duties.

Article 18 I.

The Committee shall elect its officers for a term of two years.

They may be re-elected.

2.


The Committee shallestablish its own rulesof procedure, butthese rules shall provide, inter aka, that: (a) Six members shall constitute a quorum; (b) Decisions of the Committee shall be made by a majority vote of the members present.

3.

The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under this Convention.

4.
4.

The Secretary-General of the United Nations shall convene the initial No.

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1 1 ANTIGUA AND BARBUDA meeting of the Committee.

After its initial meeting, the Committee shall meet at such times as shall be provided in its rules of procedure.

5.
5.

The States Parties shall be responsible for expenses incurred in connection with the holding of meetings of the States Paides and of the Committee, including reimbursement of the United Nations for any expenses, such as the cost of staff and facilities, incurred by the United Nations pursuant to paragraph 3 of this article.

Article 19 1.
Article 19 1.

The States Parties shall submit to the Committee, through the Secretary- General of the United Nations, reports onthe measures they have taken to give effect to their undertakings under this Convention for the State Party concerned.

Thereafter the States Parties shall submit supplementary reports every four years on any new measures taken and such other reports as the Committee may request.

2.

The Secretary-General of the United Nations shall transmit the reports to all States Parties.

3.
3.

Each report shall be considered by the Committee which may make such general comments on the report as it may consider appropriate and shall forward these to the State Party concerned.

That State Party may respond with any observations it choses to the Committee.

4.
4.

The Committee may, at its discretion, decide to include any comments made by it in accordance with paragraph 3 of this article, together with the observations thereon received from the State Party concerned, in its annual report made in accordance with article 24.

If so requested by the State Party concerned, the Committee may also include a copy of the report submitted under paragraph 1 of this article.

Article 20 1.
Article 20 1.

If the Committee receives reliable information which appears to it to contain well-founded indications that torture is being systematically practised in the territory of a State Party, the Committee shall invite that State Party to co-operate in the examination of the information and to this end to submit observations with regard to the information concerned.

2.
2.

Taking into account any observations which may have been submitted by the State Party concerned, as well as any other relevant information available to it the Committee may, if it decides that this is warranted, designate one or more of its members to make a confidential inquiry and to report to the Committee urgently.

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If an inquiry is made in accordance with paragraph 2 of this article, the Committee shall seek the co-operation of the State Party concerned.

In agreement with that State Party, such an inquiry may include a visit to its territory.

4.
4.

After the proceedings of the Committee referred to in paragraph 1 to 4 of this article shall transmit these findings to the State Party concerned together with any comments or suggestions which seem appropriate in view of the situation.

5.

All the proceedings of the Committee referred to in paragraph 1 to 4 of this article shall be confidential, and at all steps of the proceedings the co-operadon of the State Party shall be sought.
After such proceedings have been completed with regard to an inquiry made in accordance with paragraph 2, the Committee may, after consultations with the State Party concerned, decide to include a summary account of the results of the proceedings in its annual report made in accordance with article 24.

Article 21 1.
Article 21 1.

A State Party to this Convention may at any time declare unrder this article that it recognizes the competence of the Committee to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under the Convention.
Such communications may be received and considered according to the procedure laid down in this article only if submitted by a State Party which has made a declaration recognizing in regard to itself the competence of the Committee.

No communication shall be dealt with by the Committee under this article if it concerns a Stare Party which has not made such adeclaration.
Communications received under this article shall be dealt with in accordance with the following procedure: (a) If a State Party considers that another State Party is not giving effect to the provisions of this Convention, it may, by written communica- tion, bring the matter to the attention of that State Party.
Within three months after the reciept of the communicalion the receiving State shall afford the State which sent the communication an explanation or any other statement in writing clarifying the matter, which should include, to the extent possible and pertinent, reference to domestic procedures and remedies taken, pending or available in the matter; (b) If the matter is not adjusted to the satisfaction of both States Parties concerned within six months after the receipt by the receiving State of the initial communication, either State shall have the right to refer the matter to the ~ h m i t t e e , by notice given to the Committee and to the other State; No.
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13 ANnGUA AND BARBUDA (c) The committee shall deal with amatter referred to it under this article only after it has ascertained that all domestic remedies have been invoked and exhausted in the matter, in conformity with the generally recognized principles of international law.
This shall not be the rule where the application of the remedies is unreasonably prolonged or is unlikely to bring effective relief to the person who is the victim of the violation of this Convention; (d) The Committee shall hold closed meetings when examining commu- nications under this article; (e) Subject to the provisions of subparagraph (c), the Committee shall make available its good offices to the State Parties concerned with a view to a friendly solution of the matter on the basis of respect for the obligations provided for in this Convention.
For the purpose, the Committee may, when appropriate, set up an ad hoc conciliation commission; Cf) In any matter referred to it under this article, the Committe may call upon the States Parties concerned referred to in subparagraph (b), to supply any relevant information; (g) The States Parties concerned, referred to in subparagraph (b), shall have the right to be represented when the matter is being considered by the Committee and to make submissions orally or in writing; (h) The Committee shall, within twelve months after the date of receipt of notice under subparagraph (b), submit a report: ( i ) If a solution within the terms of subparagraph (e) is reached, the Committee shall confine its report to a brief statement of the facts and of the solution reached; (ii) Pf a solution within the term of subparagraph (e) is not reached, the Committee shall confine its report to a brief statement of the facts; the written submissions and record of the oral submis- sions made by the States Parties concerned shall be attached to the report.
In every matter, the report shall be communicated to the States Parties concerned.

2.

The provisions of this article shall come into force when five States Parties to this Convention have made declarations under paragraph 1 of this article.

Such declarations shall be deposited by the States Parties with the Secretary-General of the United Nations, who shall transmit copies thereof to the other State Parties.

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ANTIGUA AND BARBUDA declaration may be withdrawn at any time by notification to the Secretary-General.
Such a withdrawal shall not prejudice the consideration of any matter which is the subject of a communication already transmitted under this article; no further communication by any State Party shall be received under this article after the notification of withdrawal of the declaration has been received by the Secretary- General, unless the State Party concerned has made a new declaration.

Article 22 1.
Article 22 1.

A State Party to this Convention may at any time declare under this article that it recognizes the competence of the Committee to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of the Convention.

No communication shall be received by the Committee if it concerns a State Party which has not made such a declaration.

2.
2.

The Committee shall consider inadmissible any communication under this article which is anonymous or which it considers to be an abuse of the right of submission of such communications or to be incompatible with the provisions of this Convention.

3.
3.

Subject to the provisions of paragraph 2, the Committee shall bring any communications submitted to it under this article to the attention of the State Party to this Convention which has made a declaration under paragraph 1 and is alleged to be violating any provisions of the Convention.

Within six months, the receiving State shall submit to the Committee written explanation statements clarifying the matter and the remedy, if any, that may have been taken by that State.

4.
4.

The Committee shall consider communications received under this article in the light of all information made available to it by or on behalf of the individual and by the State Party concerned.

5.
The Committee shall not consider any communications from an individual under this article unless it has ascertained that: (a) The same matter has not been, and is not being, examined under another procedure of international investigation or settlement; (b) The individual has exhausted all available domestic remedies; this shall not be the rule where the application of the remedies is unreasonably prolonged or is unlikely to bring effective relief to the person who is the victim of the violation of this Convention.
6.

The Committee shall hold closed meetings when examining communications under this article.

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15 A N n G u A AND BARBUDA 7.

The Committee shall forward its views to the State Party concerned and to the individual.

8.

The provisions of this article shall come into force when five States Parties to this Convention have made declarations under paragraph 1 of this article.
Such declarations shall be deposited by the States Parties with the Secretary-General of the United Nations, who shall transmit copies thereof to the other States Parties.

A declaration may be withdrawn at any time by notification to the Secretary- General.
Such a withdrawal shall not prejudice the consideration of any matter which is the subject of a communication already transmitted under this article; no further comunication by or on behalf of an individual shall be received under this article after the notification of withdrawal of the declaration has been received by the Secretary-General, unless the State Party has made a new declaration.
Article 23 The members of the Committee and of ihe ad hoc conciliation commissions which may be appointed under article 21, paragraph l(e), shall be entitled to the facilities, privileges and immunities of experts on mission for the United Nations gs laid down in the relevant section of the Convention on the Privileges and immunities of the United Nations.
Article 24 The Committee shall submit an annual report on its activities under this Convention to the States Parties and to the General Assembly of the United Nations.

Article 25 1.

This Convention is open for signature by all States.

2.

This Convention is subject to ratification, Instruments of ratification shdl be deposited with the Secretary-General of the United Nations.

Article 26 This Convention is open to accession by all States.
Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.

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ANTIGUA AND BARBUDA Article 27 1.

This Convention shall enter into force on the thirtieth day after the date of the deposit with the Secretary-General of the United Nations of the twentieth instrument of ratification or accession.

2.
2.

For each State ratifying this Convention or acceding to it after the deposit of the twentieth instrument of ratification or accession, the Convention shall efiter into force on the thirtieth day after the date of the deposit of its own instrument of ratification or accession.

Article 28 1.

Each State Party may, at the time of signature or ratification of this Convention or accession thereto, declare that it does not recognize the competence of the Committee provided for in article 20.

2.
2.

Any State Party having made a reservation in accordance with paragraph 1 of this article may, at any time, withdraw this reservation by notification to the Secretary-General of the United Nations.

Article 29 1.

Any State Party to this Convention may propose an amendment and file it with the Secretary-General of the United Nations.
The Secretary-General shall there- upon communicate the proposed amendment to the States Parties with a request that they notify him whether they favour a conference of States Parties for the purpose of considering and voting upon the proposal.

In the event that within four months from the date of such communication at least one third of the States Parties favours such a conference, the Secretary-General snall convene the conference under the auspices of the United Nations.
Any amendment adopted by a majority of the States Parties present and voting at the conference shall be submitted by the Secretary-General to all the States Parties for acceptance.

2.

An amendment adopted in accordance with paragraph 1 of this article shall enter into force when two thirds of the States Parties to this Convention have notified the Secretary-General of the United Nations that they have accepted it in accordance with their respective constitutional processes.

3.
3.

When amendments enter into force, they shall be binding on those State Parties which have accepted them, other States Parties still being bound by the provisions of this Convention and any earlier amendments which they have accepted.

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17 A N n G u A AND BARBUDA Article 30 1.


Any dispute between two or more States parties concerning the interpretation or application of this Convention which cannot be settled through negotiation shall, at the request of one of them, be submitted to arbitration.
If within six months from the date of the request for arbitration the Parties are unable to agree on the organisation of the arbitration, any one of those Parties may refer to the Interna- tional Court of Justice by request in conformity with the Statute of the Court.

2.

Each State may, at the time of signature or ratification of this Convention or accession thereto, declare that it does not consider itself bound by paragraph 1 of this article.
The other States Parties shallnot be bound by paragraph 1 of this article with respect to any State Party having made such a reservation.

3.

Any State Party having made a reservation in accordance with paragraph 2 of this article may at any time withdraw this reservation by notification to the Secretary-General of the United Nations.

Article 31 1.

A State Party may denounce this Convention by written notification to the Secretary-General of the United Nations.
Denunciation becomes effective one year after the date of receipt of the notification by the Secretary-General.

2.
2.

Such a denunciation shall not have the effect of releasing the State Party from its obligations under this Convention in regard to any act or omission which occurs prior to the date at which the denunciation becomes effective, nor shall denunciation prejudice in any way the continued consideration of any matter which is already under consideration by the Committee prior to the date at which the denunciation becomes effective.

3.
3.

Following the date at which the denunciation of a State Party becomes effective, the Committee shall not commence consideration of any new matter regarding that State.

Article 32 The Secretary-General of the United Nations shall inform all States Members of the United Nations and all States which have signed this Convention or acceded to it of the following: (a) Signatures, ratifications and accessions under articles 25 and 26; l8 The Suppression of Torture Act, 1993.

NO.

15 of 1993.
NO.

15 of 1993.

ANTIGUA AND BARBUDA (b) The date of entry into force of this Convention under article 27 and the date of the entry into force of any amendments under article 29; (c) Denunciations under article 3 1.

Article 33 1.

This Convention, of which the Arabic, Chinese, English, French,Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.

2.
2.

The Secretary-General of the United Nations shall transmit cerlified copies of this Convention to all States.

Passed the house of Representatives this 26th day of April, 1993.

Passed the Senate this 14th day of May, 1993.

C. L. Murray, Speaker.

L. A. Dowe, Clerk to the House of representatives.

William A. Robinson, Vice-President.

L. A. Dowe, Clerk to the Senate.

Printed at the Government Printing Office, Antigua and Barbuda, by Rupert Charity, Acting Government Printer, -By Authority, 1993.
8 0 0 4 .

9 3 [Price $7.151