Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment — A/RES/3452(XXX) | UN Mandate Registry

Declaration on the Protection of All Persons From Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

A/RES/3452(XXX)View PDF

Who adopted this document and its mandates?

A Resolution of the General Assembly, published in 1976.

What subjects does this mandate have?

2 subjects

Declarations (Text)Torture and Other Cruel Treatment

What’s in this document?

1 operative paragraph

Adopts the Declaration on the Protection of Ali Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the text of which is annexed to the present resolution, as a guideliné for all States and other entities exercising effective power.

Reeola.tions adopted on the reporte of the Tldrd Committee him for an act he has committed or is suspectcd of having committed, or intimidating him or other persons. lt does not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions to the extent consiste:nt . with the Standard Minimum Rules for the Treatment of Prisoners.31

Torture constitutes an aggravated and deliberate form of cruel, inhuman or degrading lireatment or punishment.

ARTICLE 2 Any act of torture or other cruel, inhuman or degrading treatment or punishment is an offence to human dignity and shall be condemned as a denial of the purposes of the Oiarter of the United Nations and as a violation of the human rights and fundamental freedoms proclaimed in the Universal Declaration of Human Rights.

AllTICLE 3 No State may permit or tolerate torture or other cruel, inhuman or degrading treatment or punishment. Exceprional circumstaoces such as a state of war or a threat of war, internal política! instability or any other public emergency may not be invoked as a justification of torture or other cruel, inhuman or degrading treatment or punishment.

AllTICLE 4 Each State shall, in accordance with the provisions of this Declaration, take effective measures to prevent torture and other cruel, inhuman or degrading treatment or punishment from being practised within its jurisdiction.

AllTICLE 5 The training of law enforcement personnel and of other public officials who may be responsible for persons deprived of therr liberty shall ensure that full aocount is taken of the prohibition against torture and other cruel, inhuman or degrading treatment or punishment. This prohibition shall also,

where appropriate, be included in such general rules or instructions as are issued in regard to thc duties and functions of anyone who may be involved in the custody or treatment of such persons.

ARncLE 6 Each State shall keep under systematic review interrogation methods and practices as well as arrang,ements for the custody and treatment of persons deprived of their liberty in its t«ritory, with a view to preventing any cases of torture or other cruel, inhuman or degrading treatment or punishment.

ARTICLE 7 Each State shall ensure that a.U acts of torture as defined in artlcle 1 are offeuces under its criminal law. The S8IDe lhall apply in regard to acts which constitute participation in, complicity in, incitement to or an attempt to commit torture.

ARTICLE 8° Any person who alleges that he has been subjected to torture or other cruel, ,inhuman or degrading treatmcnt or puuiahment by or at the instigation of a public official shall have the right to complain to, and to have his e.ase impartially examined by, the competent authorities of the State concemcd.

AltTICLE 9 Wherever there is reasonable ground to believe that an act of torture as defined in article 1 has been committed, the competent authorities of the State concemed shall promptly proc:eed to an impartía! investigation even if there has been no formal complaint. Deelaration on the Protection of All Per11on11 from Being ARTICLE 10 Subjeeted to Torta.re and Other Cruel, Inhuman or If an investigation under artide 8 or article 9 establishes that Degradinc Treatment or Punishment an act of torture as defined in article 1 appears to have been committed, criminal proceedinss sba1t be instituted qainst AllTICLE 1 the alleged offender or offooders in accordance with national

For the purpose of this Declaration, torture means any law. If an allegation of other forms of cruel, inhuman or deact by which severe pai.n or suffering, whethcr physical or grading treatment or punishment is considered to be well founded, the alleged offender or offenders shall be subject to public offlcial on a person for such purposes as obtafoing from criminal. disciplinary or othcr nppropriate proc:eedin,s. him or a third person information or confession, punishing 31 First Uriitc·d N,1tions C1>,agrr.rs on tlt• PHw,efiolt of Crlltw 20 R.esolution 217 A (111). 80 Resolution 2200 A (XXI), anncx.

(United Nl\tions publkation, Sales No. J956JV.4), annu J.A.

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87 Offecial Records of the General A.s.sembly, Thirtleth Sea-