Decree of the Minister for Foreign Affairs No. 143 / 1988 Coll.
Decree of the Minister for Foreign Affairs on the Convention against Torture and other cruel, inhuman or degrading treatment or punishment
Valid
Effective from 06.08.1988
143
DECLARATION
Minister for Foreign Affairs
of 18 August 1988
concerning the Convention against Torture and other cruel, inhuman or degrading treatment or punishment
On 10 December 1984, the Convention against Torture and other cruel, inhuman or degrading treatment or punishment was negotiated in New York.
On behalf of the Czechoslovak Socialist Republic, the Convention was signed in New York on 8 September 1986.
The Convention was approved by the Federal Assembly of the Czechoslovak Socialist Republic and ratified by the President of the Czechoslovak Socialist Republic with the reservation that the Czechoslovak Socialist Republic does not recognise the competence of the Committee against Torture provided for in Article 20 of the Convention and the Czechoslovak Socialist Republic does not feel bound by the provisions of Article 30 of the Convention. The instrument of ratification was deposited with the Secretary-General of the United Nations, the depositary of the Convention, on 7 July 1988.
The Convention entered into force on 26 June 1987 pursuant to Article 27 (1) thereof. For the Czechoslovak Socialist Republic, it entered into force on 6 August 1988 in accordance with Article 27 (2).
The Czech translation of the Convention is being announced simultaneously.
Minister:
Ing. Chupek v. r.
CONVENTION
against torture and other cruel, inhuman or degrading treatment or punishment
States Party to this Convention,
Considering that, in accordance with the principles set out in the United Nations Charter, the recognition of the same and inalienable rights of all human society members is the basis of freedom, justice and peace in the world,
recognising that these rights derive from the natural dignity of man,
taking into account the commitment of States under the Charter, in particular Article 55 thereof, to promote universal respect for and respect for human rights and fundamental freedoms,
Having regard to Article 5 The Universal Declaration of Human Rights and Article 7 of the International Covenant on Civil and Political Rights, which provides that no one may be subjected to torture or cruel, inhuman or degrading treatment or punishment,
also bearing in mind the Declaration on the Protection of All Persons from Torture and other cruel, inhuman or degrading treatment or punishment, adopted by the General Assembly on 9 December 1975,
Desiring to increase the effectiveness of the fight against torture and other cruel, inhuman or degrading treatment or punishment worldwide,
agree on the following:
1. For the purposes of this Convention, the term "torture" shall mean any act by which a person is deliberately subjected to severe pain or physical or mental suffering in order to obtain information or confession from him or a third party, to punish him or her for acts committed by him or by a third party or from whom they are suspected or to intimidate him or a third party, or for any other reason based on discrimination of any kind, when such pain or suffering is caused by a public official or other person acting on official authority or on their initiative or with their express or tacit consent. This definition does not include pain or suffering arising only as a result of legal sanctions, which are inseparable from or caused by such penalties by accident.
2. This Article shall be without prejudice to any international document or national legislation which contains or may contain provisions of broader application.
1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent torture throughout its jurisdiction.
2. No exceptional circumstances, whatever their nature, either a state of war or a threat of war, internal political instability or any other emergency situation, can serve to justify torture.
3. Regulation of a superior official or authority of State cannot serve to justify torture.
1. No State Party to this Convention shall denounce, return or extradite a person to another State if there are serious grounds to believe that it would be in danger of torture.
2. For the purposes of determining whether there are such grounds, the competent authorities shall take into account all relevant circumstances, including, where justified, the existence of a permanent gross, obvious or mass violation of human rights in that State.
1. Any State Party to this Convention shall ensure that all acts of torture are criminal offences under its criminal law. The same applies to the attempt at torture and to the conduct of any person who constitutes an accessory or a participant in torture.
2. Any State which is a party to this Convention shall be obliged to provide for appropriate penalties for such offences, taking into account their serious character.
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) if the offences are committed in the territory under its jurisdiction or on board a ship or aircraft registered in that State;
(b) if the alleged offender is a national of that State;
(c) where the victim is a national of that State and considers it appropriate.
2. Any State Party to this Convention shall also take such measures as may prove necessary to establish its jurisdiction over such offences in cases where the alleged offender is located in any territory under its jurisdiction and unless it is issued in accordance with Article 8 by one of the States referred to in paragraph 1 of this Article.
3. This Convention shall not exclude any criminal jurisdiction exercised in accordance with national law.
1. Any State, Contracting Party to this Convention, within the territory of which a person suspected of committing an offence referred to in Article 4 is located, shall take that person into custody or take other legal measures to ensure that he is present if, on the basis of an assessment of the information available, he concludes that the circumstances so require. Binding and other legal measures shall be carried out in accordance with the laws of that State, but may only take as long as is necessary to initiate criminal prosecution or extradition proceedings.
2. Such a State shall immediately carry out the preliminary investigation necessary to establish the facts.
3. Any person in custody under paragraph 1 of this Article shall be allowed to immediately contact the nearest competent 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 normally lives.
4. If, in accordance with this Article, a State takes a person into custody, it shall immediately inform the State referred to in Article 5 (1) that such person is in custody and the circumstances justifying his or her detention. The State conducting the preliminary investigation referred to in paragraph 2 of this Article shall immediately communicate its findings to the said States and indicate whether it intends to exercise its jurisdiction.
1. A State, a Contracting Party to this Convention, within the territory of which an alleged offender of an offence referred to in Article 4 is found, shall, in the cases referred to in Article 5, refer the case to its competent authorities if he does not issue it.
2. These authorities shall take the same measures as in any ordinary serious crime under the laws of that State. In the cases referred to in Article 5 (2), the evidence requirements necessary for the prosecution and conviction shall in no case be less stringent than those applied in the cases referred to in Article 5 (1).
3. Any person in respect of whom proceedings are initiated in respect of one of the offences referred to in Article 4 shall be guaranteed fair treatment at all stages of the proceedings.
1. The offences referred to in Article 4 shall be considered to be covered by any extradition agreement concluded between States Parties as subject to this Convention. States undertake to include such offences as those subject to extradition in any extradition agreement concluded between them.
2. Where a State which is bound by the existence of a contract receives an application for extradition from another State which is a Contracting Party to this Convention with which it does not have a extradition treaty, it may consider this Convention as a legal basis for extradition for such offences. Issue shall be subject to the other conditions laid down in the law of the State which has been applied for.
3. States which do not bind extradition to the existence of a contract shall recognise such offences among themselves as offences subject to extradition under the conditions laid down by the law of the State which has been applied for.
4. For the purposes of extradition between States Parties to this Convention, such offences shall be considered as having been committed not only in the place where they occurred but also in the territories of States which are to exercise their jurisdiction in accordance with Article 5 (1).
1. States, Contracting Parties to this Convention, shall provide each other with the greatest possible assistance in connection with criminal proceedings initiated in respect of any criminal offence referred to in Article 4, including the provision of any evidence at their disposal which is necessary for the management.
2. States, Contracting Parties to this Convention, shall fulfil their obligations under paragraph 1 of this Article in accordance with all mutual legal assistance agreements which may be concluded between them.
1. Any State Party to this Convention shall ensure that teaching material and information relating to the prohibition of torture are fully included in the programme for the preparation of civil or military personnel of the institutions in the field of the application of the law, medical workers, public officials and other persons who may be involved in the connection, interview or treatment of persons subject to any form of detention, detention or detention.
2. Each State Party shall include this prohibition in the rules or instructions governing the duties and functions of such persons.
Any State Party to this Convention shall systematically examine the rules, instructions, methods and practices of questioning, as well as the conditions of detention and treatment of persons subject to any form of detention, detention or imprisonment in any territory under its jurisdiction, in order to prevent any cases of torture.
Any State Party to this Convention shall ensure that its competent authorities carry out an expedited and impartial examination where they have sufficient grounds to believe that torture has taken place in any territory under its jurisdiction.
Any State Party to this Convention shall ensure that any person claiming to have been subjected to torture in the territory under the jurisdiction of that State has the right to lodge a complaint with the competent authorities of that State and to discuss the matter without delay and impartially. Measures shall be taken to ensure that the complainant and the witnesses are protected from any maltreatment or intimidation in connection with such a complaint or testimony.
1. Any State Party to this Convention shall ensure in its legal order that the victim of torture has the right to redress and to fair and adequate compensation, including the means necessary for the fullest possible health rehabilitation. In the event of the death of a victim resulting from torture, they shall be entitled to compensation for persons who have been fed to him.
2. Nothing in this Article shall affect any right of compensation which may exist under national law to the victim or other persons.
Any State Party to this Convention shall ensure that any declaration made as a result of torture is not used as evidence in any court proceedings, except where it is used against a person accused of torture as proof that such a declaration has been made.
1. Any State which is a Contracting Party to this Convention undertakes to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which are not subject to torture as defined in Article 1, if such acts are committed by a public official or other person acting under official authority or on their initiative or with their express or tacit consent. In particular, the obligations contained in Articles 10, 11, 12 and 13 shall apply, with the reference to torture being replaced by a reference to other forms of cruel, inhuman or degrading treatment or punishment.
2. The provisions of this Convention shall be without prejudice to any other international document or national legislation prohibiting cruel, inhuman or degrading treatment or punishment or relating to extradition or expulsion.
1. A Committee on Anti-Torture (hereinafter referred to as the Committee) is hereby established, which carries out the following functions. The Committee consists of ten experts of a high moral character and recognised human rights skills who act as private individuals. Experts shall be elected by the States Party to this Convention, taking into account fair geographical representation and the usefulness of the participation of certain persons having legal experience.
2. The members of the Committee shall be elected by secret ballot from the list of persons proposed by the States Parties to this Convention. Each State may propose one person from among its citizens. States shall take into account the usefulness of proposing those who are also members of the Committee on Human Rights established under the International Covenant on Civil and Political Rights and who are willing to work in the Committee on Anti-Torture.
3. The elections of the members of the Committee shall be held at meetings of the States Parties to this Convention, convened by the Secretary-General of the United Nations every two years. At these meetings, at which two thirds of the States Parties to this Convention form a quorum, the members of the Committee shall be elected by those of the proposed persons who receive the largest number of votes and the absolute majority of the votes present and voting representatives of the States Parties to the Convention.
4. The first elections shall take place no later than six months after the date of entry into force of this Convention. At least four months before the date of each election, the Secretary-General of the United Nations shall send a letter to the States Parties to the Convention requesting that they submit their proposals for membership of the Committee within three months. The Secretary-General shall draw up a list of all persons so proposed in alphabetical order indicating the States which have proposed them and shall submit them to the States Parties to the Convention.
The members of the Committee shall be elected for a period of four years. They will be re-elected if they are redesigned. However, the term of office of five of the members elected in the first elections shall expire at the end of the second year; immediately after the first election, the President shall declare the names of the five members at the meeting referred to in paragraph 3 of this Article.
6. In the event that a member of the Committee dies or resigns or for any other reason is unable to carry out his duties within the Committee, the State which has proposed him shall appoint, with the agreement of the majority of States Parties to this Convention, another expert from among his citizens for the remaining term of office. The consent shall be deemed to be given if half or more States do not reply negatively within six weeks of being informed by the Secretary-General of the United Nations of the proposed appointment.
7. States, Contracting Parties to this Convention, shall bear the costs of members of the Committee associated with the performance of their duties.
1. The Committee shall elect its officials for a period of two years. These may be re-elected.
2. The Committee shall draw up its own rules of procedure, but shall, inter alia, provide that:
(a) six members of the Committee shall form a quorum;
(b) decisions of the Committee shall be taken by a majority of the members present.
3. The Secretary-General of the United Nations shall provide the necessary apparatus and equipment for the effective performance of the functions of the Committee under this Convention.
4. The Secretary-General of the United Nations shall convene the first meeting of the Committee. After its first meeting, the Committee shall meet as provided for in its Rules of Procedure.
5. States, Contracting Parties to this Convention, shall bear the costs associated with the holding of meetings of States, Contracting Parties to this Convention, and the meetings of the Committee, including the reimbursement of all costs incurred by the United Nations, such as the costs of apparatus and equipment provided by the United Nations in accordance with paragraph 3 of this Article.
1. States Parties to this Convention shall report to the Committee, through the Secretary-General of the United Nations, on the measures they have taken to fulfil their obligations under this Convention within one year of the entry into force of the Convention for the relevant State, the Contracting Party to the Convention. Thereafter, Member States shall submit every four years additional reports on any new measures taken, as well as any other reports that the Committee may request.
2. The Secretary-General of the United Nations shall submit these reports to all States Parties to this Convention.
3. Each report shall be examined by a committee which may make general comments on it, which it considers appropriate, and forwarded to the competent State. That State may make any comments it deems appropriate in response to the Committee.
4. The Committee may decide, on its own account, to include any observations made in accordance with paragraph 3 of this Article, together with the observations received from the competent State, in its annual report drawn up in accordance with Article 24. At the request of a State, the Committee may also include a copy of the report submitted in accordance with paragraph 1 of this Article.
1. If the Committee receives reliable information which, in its opinion, contains fully substantiated data on the systematic application of torture in the territory of any State Party to this Convention, the Committee shall invite that State to cooperate in the assessment of that information and to that end to submit comments on that information.
2. In the light of any comments which may be submitted by the Member State concerned as well as any other relevant information at its disposal, the Committee may, if it considers it appropriate, instruct one or more of its members to carry out a confidential investigation and to report to the Committee promptly.
3. Where investigations are carried out in accordance with paragraph 2 of this Article, the Committee shall seek cooperation with the relevant State. In agreement with that State, such an investigation may include a visit to its territory.
4. After examining the conclusions of its member or members submitted in accordance with paragraph 2 of this Article, the Committee shall forward those conclusions to the competent State together with any comments or suggestions it considers appropriate in the situation.
5. The full management of the Committee referred to in paragraphs 1 to 4 of this Article shall be of a confidential nature and shall seek cooperation with the State Party to this Convention at all stages of the Committee. Upon completion of such a procedure concerning an investigation carried out in accordance with paragraph 2, the Committee may, after consulting the relevant State, the Contracting Party, decide to include a brief summary of the outcome of the proceedings in its annual report drawn up in accordance with Article 24.
1. A State which is a Party to this Convention may at any time declare, pursuant to this Article, that it recognises the competence of the Committee to accept and assess the notification of one State that another State does not fulfil its obligations under this Convention. The Committee may, on the basis of this Article, accept and assess notifications only if they are submitted by a State which has declared that it recognises the competence of the Committee. The Committee shall not accept any notification if it concerns a State which has not made such a declaration. Notifications adopted pursuant to this Article shall be treated as follows:
(a) Where a State which is a Contracting Party to this Convention considers that another State, a Contracting Party, does not comply with the provisions of this Convention, it may draw the attention of the competent State by written notification. The State which received the notification shall, within three months, provide the State which submitted it with a written explanation or declaration to contain, where possible and expedient, information on the measures to be taken or already taken.
(b) Both States have the right to refer the matter to the Committee if it is not settled to their satisfaction within six months of receipt of the original notification by the State. The State which does so shall inform the other State, alongside the Committee, thereof.
(c) The Committee shall deal with the matter referred to it under this Article only if it finds that all available national remedies have been used and exhausted in accordance with generally accepted principles of international law. This rule does not apply in cases where the correction procedure is being extended for no reason or where it is unlikely that it will bring effective assistance to a person who is the victim of an infringement of this Convention.
(d) The Committee shall examine the notifications made under this Article at private meetings.
(e) In order to achieve a friendly settlement on the basis of respect for the obligations laid down in this Convention, the Committee, subject to subparagraph (c), shall provide its good service to States Parties to this Convention. To this end, the Committee may, if necessary, set up an ad hoc Conciliation Commission.
(f) The Committee may invite the States, Contracting Parties referred to in subparagraph (b), to provide any relevant information on any matter referred to it under this Article.
(g) The States, the Contracting Parties referred to in subparagraph (b), shall have the right to be represented in the proceedings by the Committee and to make oral or written comments.
(h) The Committee shall submit the report within 12 months of receipt of the notification referred to in subparagraph (b):
(i) where the settlement referred to in subparagraph (e) is reached, the Committee shall limit its report to a brief statement of the facts and the solution achieved;
(ii) if the settlement referred to in subparagraph (e) is not reached, the Committee shall limit its report to a brief statement of the facts; the written observations and the protocol containing the oral observations made by the States, by the Contracting Parties, shall be annexed to the report. The report shall be sent to the States concerned.
2. The provisions of this Article shall enter into force as soon as five States, the Contracting Parties to this Convention, have made the declaration referred to in paragraph 1 of this Article. These declarations shall be deposited by the States with the Secretary-General of the United Nations, who shall transmit copies thereof to the other States Parties to this Convention. The declaration may be withdrawn at any time by notification to the Secretary-General. The appeal shall not affect the examination of a case which is the subject of a notification already submitted under this Article. Once the Secretary-General has received the communication by which he refers, no further notification of any State Party to this Convention may be accepted unless the State which withdrew the declaration has made a new declaration.
1. A State Party may at any time declare, in accordance with this Article, that it recognises the competence of the Committee to receive and assess notifications from individuals or on their behalf subject to its jurisdiction who complain that they have been victims of a breach of the provisions of this Convention by a State, a Contracting Party to this Convention. The Committee shall not accept a notification if it concerns a State which has not made such a declaration.
2. The Committee shall consider the notification made pursuant to this Article to be unacceptable if it is anonymous, if it considers it to be an abuse of the right to submit such communications or is incompatible with the provisions of this Convention.
3. The Committee shall, subject to the provisions of paragraph 2, notify the State, the Contracting Party to this Convention, which has made the declaration referred to in paragraph 1 and which has allegedly committed infringement of a provision of the Convention, of any notification submitted to it pursuant to this Article claiming that a provision of the Convention has been infringed. That State shall, within six months, submit to the Committee a written explanation or statement explaining the matter and inform it of the corrective measures it has taken, where appropriate.
4. The Committee shall examine the notification received under this Article, taking into account any information received from or on behalf of an individual and from the contracting State concerned.
5. The Committee shall not examine any individual notification under this Article unless it is satisfied that:
(a) the same matter has not been and is not being dealt with in another international authority for investigation or resolution of disputes;
(b) the individual has exhausted all the national remedies available to him; This rule shall not apply in cases where the correction procedure is unjustifiably extended or where it is unlikely to bring effective assistance to a person who is a victim of an infringement of this Convention.
6. The Committee shall examine the notifications provided for in this Article at private meetings.
7. The Committee shall communicate its views to the relevant State, to the Contracting Party to the Convention, and to individuals.
8. The provisions of this Article shall enter into force as soon as five States, the Contracting Parties to this Convention, have made the declaration referred to in paragraph 1 of this Article. These declarations shall be deposited by the States with the Secretary-General of the United Nations, who shall transmit copies thereof to the other States Parties to this Convention. The declaration may be withdrawn at any time by notification to the Secretary-General. The appeal shall not affect the examination of a case which is the subject of a notification already submitted under this Article. Once the Secretary-General has received the communication by which he refers, no further notification of any State Party to this Convention may be accepted unless the State which withdrew the declaration has made a new declaration.
The members of the Committee and the ad hoc conciliation committees which may be established pursuant to Article 21 (1) (e) shall enjoy the privileges, privileges and immunities of the United Nations experts as enshrined in the Convention on the Privileges and Immunities of the United Nations.
The Committee shall present to the States, the Contracting Parties to this Convention and the General Assembly of the United Nations an annual report on its activities.
1. This Convention shall be open for signature by all States.
This Convention shall be subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.
This Convention shall be open to access by any State. The instruments of access shall be deposited with the Secretary-General of the United Nations.
1. This Convention shall enter into force on the 30th day following the deposit of the 20th instrument of ratification or accession with the Secretary-General of the United Nations.
2. For each State which ratifies or accedes to this Convention after the deposit of the 20th instrument of ratification or accession, the Convention shall enter into force on the 30th day following the deposit of its instrument of ratification or accession.
1. Any State may, when signing or ratifying this Convention or accessing it, declare that it does not recognise the competence of the Committee provided for in Article 20.
2. Any State which has made a reservation in accordance with paragraph 1 of this Article may at any time withdraw that reservation by notifying the Secretary-General of the United Nations.
1. Any State Party may propose an amendment to the Convention and submit it to the Secretary-General of the United Nations. The Secretary-General of the United Nations shall notify the States, the Contracting Parties to the Convention, with a request for communication as to whether they are in favour of the convening of a Conference of States, Parties to the Convention, which shall examine and vote on the draft. If, within four months of such notification, at least one third of the States Parties to the Convention have spoken for such a conference, the Secretary-General shall convene it under the auspices of the United Nations. Any amendment adopted by a majority of States present and voting at the Conference shall be submitted by the Secretary-General to all States Parties to the Convention for approval.
2. The amendment adopted in accordance with paragraph 1 of this Article shall enter into force after two thirds of the States Parties to this Convention have notified the Secretary-General of the United Nations that they have adopted it in accordance with their respective constitutional requirements.
3. If the amendments enter into force, they shall become binding on those States, the Contracting Parties to the Convention which have adopted them. The other States are further bound by the provisions of this Convention and any earlier amendment they have adopted.
1. Any dispute between two or more States Parties to the Convention concerning the interpretation or implementation of this Convention which cannot be resolved by negotiation shall be brought before arbitration proceedings at the request of one of them. If, within six months of the date of application for arbitration, the parties are unable to agree on the organisation of arbitration, either party may refer the dispute to the International Court of Justice in accordance with the Statute of the Court of Justice.
2. Any State may, when signing or ratifying this Convention or accessing it, declare that it does not feel bound by paragraph 1 of this Article. The other States, Contracting Parties to the Convention, shall not be bound by paragraph 1 of this Article in respect of any State which has made such a reservation.
3. Any State which has made a reservation pursuant to paragraph 2 of this Article may withdraw its reservation at any time by notifying the Secretary-General of the United Nations.
1. A State Party may denounce it by written notification to the Secretary-General of the United Nations. The denunciation shall take effect for a year from the date on which the Secretary-General receives this communication.
2. Such a statement shall not release the State from its obligations under this Convention for any conduct or omission which took place before the statement became effective. The denunciation is not in any way prejudicial to the further examination of any matter which has already been examined by the Committee before the termination took effect.
3. After the resignation of any State has taken effect, the Committee shall not initiate any new assessment of that State.
The Secretary-General of the United Nations shall inform all Member States of the United Nations and all States which have signed or acceded to this Convention:
(a) the signatures, instrument of ratification and instrument of accession referred to in Articles 25 and 26;
(b) the date of entry into force of this Convention pursuant to Article 27 and the date of entry into force of any amendment pursuant to Article 29;
(c) the denunciations referred to in Article 31.
1. This Convention, the text of which shall be equally authentic in Arabic, Chinese, English, French, Russian and Spanish, shall be deposited with the Secretary-General of the United Nations.
2. The Secretary-General of the United Nations shall send certified copies of this Convention to all States.
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Regulation Information
| Citation | Decree No. 143 / 1988 Coll., on the Convention against Torture and other cruel, inhuman or degrading treatment or punishment |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.09.1988 |
|---|---|
| Effective from | 06.08.1988 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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