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UNCJIN | |||||||||||||||||||||||
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Declaration Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment Adopted by the General Assembly, 9 December 1975 Any act of torture or other cruel, inhuman or degrading treatment or punishment is an offense to human dignity and a fundamental violation of human rights. No State may permit or tolerate torture or other cruel, inhuman or degrading treatment or punishment. Exceptional circumstances, including state of war, internal
political instability or public emergency, may not be invoked as justification of such acts. Each State shall take effective measures to prevent acts of torture and other cruel, inhuman or degrading treatment or punishment within its jurisdiction. The training of law enforcement personnel and other public officials who may be responsible for persons deprived of their liberty shall ensure that full account is taken of the prohibition against torture and other cruel, inhuman or degrading
treatment or punishment. Each State shall systematically review interrogation methods and arrangements for the custody and treatment of prisoners with a view to preventing cases of torture or other cruel, inhuman or degrading treatment or punishment. Each State shall insure that all acts of torture are offenses under its criminal law. The same shall apply to participation in, complicity in, incitement to or an attempt to commit torture. Any person who alleges that he has been
subjected to torture or other cruel, inhuman or degrading treatment or punishment by or at the instigation of a public official shall have the right to complain and have his case examined by competent authorities of the State. Wherever there are reasonable grounds to believe that an act of torture has been committed, competent authorities shall carry out an impartial investigation even if there has been no formal complaint. If investigation establishes that an act of torture appears to
have been committed, criminal proceedings shall be instituted. If an allegation of other forms of cruel, inhuman or degrading treatment or punishment is considered to be well founded, criminal, disciplinary or other appropriate proceedings shall be instituted. The victim of torture or other cruel, inhuman or degrading treatment or punishment shall be afforded redress and compensation under the law. Any statement made under torture or as a result of other cruel, inhuman or degrading
treatment or punishment may not be invoked as evidence against the person concerned or any other person in any proceedings. An order from a superior officer or a public authority may not be invoked as a justification of torture. No State Party shall expel, return or extradite a person to another State where there are substantial grounds for believing he would be in danger of torture. | |||||
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