Suppression of Torture Act 1993

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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. 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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Torture. 3. (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

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(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. (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.

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

(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. 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.

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.

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.

Prosecution of
offences.

Evidence.

Torture not to be
regarded as of a
political character.

Death as a penalty
in execution of a
sentence of a
court not affected.

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

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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 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. 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. 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:

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(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. 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. 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. 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. 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. 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

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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 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. 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. 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 shall recognize 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 the States required to estblish their jurisdiction in
accordance with article 5, paragraph 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. 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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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. 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. 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 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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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. 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. The Secretary-General of the United Nations shall convene the initial

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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. 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. 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. 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. 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. 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. 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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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 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. 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;

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(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. A

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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. 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. 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. 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. 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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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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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. 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. 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. 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.

No. 15 of 1993. The Suppression of Torture Act, 1993. 17 A N n G u A
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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. 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. 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;

ANTIGUA l8 The Suppression of Torture Act, 1993. NO. 15 of 1993.
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(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. The Secretary-General of the United Nations shall transmit cerlified copies
of this Convention to all States.

Passed the house of Representatives Passed the Senate this 14th
this 26th day of April, 1993. 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

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