Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment

Adopted and opened for signature, ratification and accession by General
Assembly resolution 39/46 of 10 December 1984
entry into force 26 June 1987, in accordance with article 27 (1)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 theInternational 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 toTorture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by theGeneral Assembly on 9 December 1975,
Desiring to make more effective the struggle against torture and other cruel, inhuman ordegrading treatment or punishment throughout the world,
Have agreed as follows:
PART I
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 inflicted on a person for such purposes as
obtaining from him or a third person information or a confession, punishing him for an act he ora 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 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. Each State Party shall take effective legislative, administrative, judicial or other measures toprevent acts of torture in any territory 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
torture.
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 totorture.
2. For the purpose of determining whether there are such grounds, the competent authorities shalltake into account all relevant considerations including, where applicable, the existence in theState 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 into account their grave nature.
Article 5
1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over
the offences referred to in article 4 in the following cases:(a) When the offences are committed in any territory under its jurisdiction 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. 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 States
mentioned in paragraph I of this article.
3. This Convention does not exclude any criminal jurisdiction exercised in accordance withinternal law.
Article 6
1. Upon being satisfied, after an examination of information available to it, that thecircumstances 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. Any person in custody pursuant to paragraph I of this article shall be assisted incommunicating immediately with the nearest appropriate representative of the State of which heis a national, or, if he is a stateless person, with the representative of the State where he usuallyresides.
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 custodyand of the circumstances which warrant his detention. The State which makes the preliminary
inquiry contemplated in paragraph 2 of this article shall promptly report its findings to the said
States and shall indicate whether it intends to exercise jurisdiction.
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 contemplated in article 5, if it does
not extradite him, submit the case to its competent authorities for the purpose of prosecution.
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 cases referred to in article 5,paragraph 2, the standards of evidence required for prosecution and conviction shall in no way beless stringent than those which apply in the cases referred to in article 5, paragraph 1.
3. Any person regarding whom proceedings are brought in connection with any of the offencesreferred 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 inany extradition treaty existing between States Parties. States Parties undertake to include suchoffences as extraditable offences in every extradition treaty to be concluded between them.
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. States Parties which do not make extradition conditional on the existence of a treaty shallrecognize such offences as extraditable offences between themselves subject to the conditions
provided by the law of the requested State.
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 theStates required to establish their jurisdiction in accordance with article 5, paragraph 1.
Article 9
1. States Parties shall afford one another the greatest measure of assistance in connection withcriminal 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 I of this article in conformity
with any treaties on mutual judicial assistance that may exist between them.
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. 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 topreventing any cases of torture.
Article 12Each State Party shall ensure that its competent authorities proceed to a prompt and impartial
investigation, wherever there is reasonable ground to believe that an act of torture has beencommitted 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 have his case promptly andimpartially examined by, its competent authorities. Steps shall be taken to ensure that thecomplainant and witnesses are protected against all ill-treatment or intimidation as aconsequence of his complaint or any evidence given.
Article 14
1. Each State Party shall ensure in its legal system that the victim of an act of torture obtains
redress and has an enforceable right to fair and adequate compensation, 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.
Article 15
Each State Party shall ensure that any statement which is established to have been made as aresult of torture shall not be invoked as evidence in any proceedings, except against a person
accused of torture as evidence that the statement was made.
Article 16
1. Each State Party shall undertake to prevent in any territory under its jurisdiction other acts ofcruel, inhuman or degrading treatment or punishment which do not amount to torture as definedin article I, 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, theobligations 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 otherinternational instrument or national law which prohibits cruel, inhuman or degrading treatment
or punishment or which relates to extradition or expulsion.
PART II
Article 17

1. There shall be established a Committee against Torture (hereinafter referred to as theCommittee) which shall carry out the functions hereinafter provided. The Committee shallconsist of ten experts of high moral standing and recognized competence in the field of humanrights, who shall serve in their personal capacity. The experts shall be elected by the States
Parties, consideration being given to equitable geographical distribution and to the usefulness ofthe participation of some persons having legal experience.
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. Elections of the members of the Committee shall be held at biennial meetings of States Parties
convened by the Secretary-General of the United Nations. At those meetings, for which two
thirds of the States Parties shall constitute a quorum, the persons elected to the Committee shallbe those who obtain the largest number of votes and an absolute majority of the votes of therepresentatives of States Parties present and voting.
4. The initial election shall be held no later than six months after the date of the entry into forceof this Convention. At. Ieast four months before the date of each election, the Secretary-Generalof the United Nations shall address a letter to the States Parties inviting them to submit theirnominations within three months. The Secretary-General shall prepare a list in alphabetical orderof all persons thus nominated, indicating the States Parties which have nominated them, and shallsubmit 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 firstelection shall expire at the end of two years; immediately after the first election the names ofthese five members shall be chosen by lot by the chairman of the meeting referred to inparagraph 3 of this article.
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 amongits nationals to serve for the remainder of his term, subject to the approval of the majority of theStates Parties. The approval shall be considered given unless half or more of the States Parties
respond negatively within six weeks after having been informed by the Secretary-General of theUnited 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
1. The Committee shall elect its officers for a term of two years. They may be re-elected.

2. The Committee shall establish its own rules of procedure, but these rules shall provide, interalia, 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 forthe effective performance of the functions of the Committee under this Convention.
4. The Secretary-General of the United Nations shall convene the initial meeting of theCommittee. After its initial meeting, the Committee shall meet at such times as shall be provided
in its rules of procedure.
5. The States Parties shall be responsible for expenses incurred in connection with the holding of
meetings of the States Parties and of the Committee, including reimbursement to 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. The States Parties shall submit to the Committee, through the Secretary-General of the United
Nations, reports on the measures they have taken to give effect to their undertakings under thisConvention, within one year after the entry into force of the 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. 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 chooses to the Committee.
4. The Committee may, at its discretion, decide to include any comments made by it inaccordance with paragraph 3 of this article, together with the observations thereon received fromthe State Party concerned, in its annual report made in accordance with article 24. If so requestedby the State Party concerned, the Committee may also include a copy of the report submitted
under paragraph I of this article.
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, theCommittee 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. 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.
3. 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. After examining the findings of its member or members submitted in accordance withparagraph 2 of this article, the Commission shall transmit these findings to the State Party
concerned together with any comments or suggestions which seem appropriate in view of thesituation.
5. All the proceedings of the Committee referred to in paragraphs I to 4 of th is article s hall be
con fidential , and at all stages of the proceedings the co-operation of the State Party shall besought. After such proceedings have been completed with regard to an inquiry made inaccordance 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. 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 to the effect that aState Party claims that another State Party is not fulfilling its obligations under this Convention.
Such communications may be received and considered according to the procedures laid down inthis 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 theCommittee under this article if it concerns a State Party which has not made such a declaration.
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 ofthis
Convention, it may, by written communication, bring the matter to the attention of that State
Party. Within three months after the receipt of the communication 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 todomestic 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 shallhave the right to refer the matter to the Committee, by notice given to the Committee and to theother State;(c) The Committee shall deal with a matter referred to it under this article only after it has
ascertained that all domestic remedies have been invoked and exhausted in the matter, inconformity with the generally recognized principles of international law. This shall not be therule where the application of the remedies is unreasonably prolonged or is unlikely to bringeffective relief to the person who is the victim of the violation of this Convention;(d) The Committee shall hold closed meetings when examining communications under thisarticle; (e) Subject to the provisions of subparagraph(e), the Committee shall make available its good offices to the States Parties concerned with aview to a friendly solution of the matter on the basis of respect for the obligations provided for inthis Convention. For this purpose, the Committee may, when appropriate, set up an ad hoc
conciliation commission;(f) In any matter referred to it under this article, the Committee 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 and/or in writing;(h) The Committee shall, within twelve months after the date of receipt of notice undersubparagraph (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) If a solution within the terms 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
submissions 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 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
communication by any State Party shall be received under this article after the notification ofwithdrawal of the declaration has been received by the Secretary-General, unless the State Party
concerned has made a new declaration.
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 ofindividuals subject to its jurisdiction who claim to be victims of a violation by a State Party ofthe provisions of the Convention. No communication shall be received by the Committee if itconcerns a State Party which has not made such a declaration.
2. The Committee shall consider inadmissible any communication under this article which isanonymous 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. 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 I and is alleged to be violating any provisions of theConvention. Within six months, the receiving State shall submit to the Committee written
explanations or statements clarifying the matter and the remedy, if any, that may have been takenby that State.
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 ofinternational 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 reliefto
the person who is the victim of the violation of this Convention.
6. The Committee shall hold closed meetings when examining communications under thisarticle.
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
communication 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 SecretaryGeneral, unless
the State Party has made a new declaration.
Article 23

The members of the Committee and of the ad hoc conciliation commissions which may be
appointed under article 21, paragraph I (e), shall be entitled to the facilities, privileges andimmunities of experts on mission for the United Nations as laid down in the relevant sections 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.
PART III
Article 25
1. This Convention is open for signature by all States. 2. This Convention is subject to
ratification. Instruments of ratification shall be deposited with the Secretary-General of theUnited 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 SecretaryGeneral of the United Nations.
Article 27
1. This Convention shall enter into force on the thirtieth day after the date of the deposit with theSecretary-General of the United Nations of the twentieth instrument of ratification or accession.
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 enter into force onthe thirtieth day
after the date of the deposit of its own instrument of ratification or accession.
Article 28
1. Each State 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. Any State Party having made a reservation in accordance with paragraph I 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 SecretaryGeneral of the United Nations. The SecretaryGeneral shall thereupon 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 an d voting upon the proposal. In theevent that within four months from the date of such communication at least one third of theStates Parties favours such a conference, the SecretaryGeneral shall 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 theStates Parties for acceptance.
2. An amendment adopted in accordance with paragraph I 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. When amendments enter into force, they shall be binding on those States Parties which haveaccepted them, other States Parties still being bound by the provisions of this Convention andany earlier amendments which they have accepted.
Article 30
1. Any dispute between two or more States Parties concerning the interpretation or application ofthis Convention which cannot be settled through negotiation shall, at the request of one of them,be submitted to arbitration. If within six months from thc date of the request for arbitration theParties are unable to agree on the organization of the arbitration, any one of those Parties may
refer the dispute to the International 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 Con vention or accession
thereto, declare that it does not consider itself bound by paragraph I of this article. The otherStates Parties shall not be bound by paragraph I 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-Generalof the United Nations. Denunciation becomes effective one year after the date of receipt of- thenotification by the Secretary-General .
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 thedate at which the denunciation becomes effective.

3. Following the date at which the denunciation of a State Party becomes effective, theCommittee 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;(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 31.
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. The Secretary-General of the United Nations shall transmit certified copies of this Convention
to all States.