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Law Approving The Convention Against Torture And Other Cruel, Inhuman Or Degrading Treatment Or Punishment, Adopted At New York On 10 December 1984 (1)

Original Language Title: Loi portant assentiment à la Convention contre la torture et autres peines ou traitements cruels, inhumains ou dégradants, adoptée à New York le 10 décembre 1984 (1)

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9 JUIN 1999. - An Act to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted in New York on 10 December 1984 (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted in New York on 10 December 1984, will be fully effective.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 9 June 1999.
ALBERT
By the King:
Minister of Foreign Affairs,
E. DERYCKE
The Minister of the Interior,
L. VAN DEN BOSSCHE
Minister of Justice,
T. VAN PARYS
Seal of the state seal:
Minister of Justice,
T. VAN PARYS
____
Note
(1) Session 1998-1999
Senate.
Documents. - Bill tabled on 3 March 1999, No. 1-1296/1. - Report, no. 1-1296/2. - Text adopted in session and transmitted to the Chamber, No. 1-1296/3.
Annales parliamentarians. - Discussion. Session of April 1, 1999. - Vote. Session of April 1, 1999.
House of Representatives.
Documents. - Project transmitted by the Senate, No. 49-2135/1. - Report, No. 49-2135/2.
Annales parliamentarians. - Discussion. Session of April 27, 1999. - Vote. Meeting of 28 April 1999.

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
States parties to this Convention,
Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, the 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 these rights are the inherent dignity of the human person,
Considering that States are obliged, under the Charter, in particular Article 55, to encourage universal and effective respect for human rights and fundamental freedoms,
Taking into account article 5 of the Universal Declaration of Human Rights and article 7 of the International Covenant on Civil and Political Rights, both of which prescribe that no one shall be subjected to torture, cruel, inhuman or degrading treatment or punishment,
Also taking into account 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,
Desirous of increasing the effectiveness of the fight against torture and other cruel, inhuman or degrading treatment or punishment worldwide,
The following agreed:
PART I
Article 1
1. For the purposes of this Convention, the term "torture" means any act by which an acute, physical or mental pain or suffering is intentionally inflicted on a person for the purpose of, inter alia, obtaining information or confession from the person or a third person, punishing him or her for any act that he or a third person has committed or is suspected of having committed, intimidating him or herself or herself This term does not extend to pain or suffering resulting only from legitimate sanctions, inherent in or caused by these sanctions.
2. This article is without prejudice to any international instrument or national law that contains or may contain provisions of a broader scope.
Article 2
1. Any State party shall take effective legislative, administrative, judicial and other measures to prevent acts of torture from being committed in any territory under its jurisdiction.
2. No exceptional circumstance, regardless of whether it is the state of war or the threat of war, internal political instability or any other state of emergency, can be invoked to justify torture.
3. The order of a superior or public authority may not be invoked to justify torture.
Article 3
1. No State Party shall expel, repress or extradite a person to another State where there are substantial grounds for believing that he or she may be subjected to torture.
2. To determine whether there are such grounds, the competent authorities will take into account all relevant considerations, including, where appropriate, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights.
Article 4
1. Every State Party shall ensure that all acts of torture are offences under its criminal law. The same is true of the attempt to practice torture or any act committed by any person who constitutes complicity or participation in the act of torture.
2. Any State Party shall make such offences punishable by appropriate penalties that take into account their seriousness.
Article 5
1. Any State Party shall take the necessary measures to establish its jurisdiction for the purpose of knowing offences referred to in Article 4 in the following cases:
(a) When the offence was committed in any territory under the jurisdiction of the said State or on board aircraft or vessels registered in that State;
(b) When the alleged perpetrator of the offence is a national of that State;
(c) When the victim is a national of that State and the latter considers it appropriate.
2. Any State Party shall also take the necessary measures to establish its jurisdiction for the purpose of knowing such offences in the event that the alleged perpetrator is in any territory under its jurisdiction and where the said State does not extradite it in accordance with Article 8 to any of the States referred to in paragraph 1 of this Article.
3. This Convention does not deviate any criminal jurisdiction exercised in accordance with national laws.
Article 6
1. If the State party considers that the circumstances warrant it, after having examined the information available to it, any State Party in the territory of which a person suspected of having committed an offence referred to in Article 4 shall ensure the detention of that person or shall take any other legal measures necessary to ensure his or her presence. Such detention and measures shall be in conformity with the law of that State; they may be held only during the time required for the initiation of criminal proceedings or extradition proceedings.
2. The said State shall immediately conduct a preliminary inquiry to establish the facts.
3. Any person detained under paragraph 1 of this article may communicate immediately with the closest qualified representative of the State of which he or she is a national or, if he or she is a stateless person, with the representative of the State where he or she usually resides.
4. When a State has detained a person, in accordance with the provisions of this article, it shall immediately notify of such detention and the circumstances which justify it to the States referred to in paragraph 1 of Article 5. The State that conducts the preliminary investigation referred to in paragraph 2 of this article shall promptly communicate the conclusions to the States and indicate whether it intends to exercise its jurisdiction.
Article 7
1. The State party in the territory under whose jurisdiction the alleged perpetrator of an offence referred to in Article 4 is discovered, if he does not extradite the latter, submits the case, in the cases referred to in Article 5, to its competent authorities for the exercise of the criminal action.
2. These authorities shall take their decisions in the same conditions as for any offence of ordinary law of a serious nature under the law of that State. In the cases referred to in paragraph 2 of section 5, the rules of evidence applicable to prosecution and conviction are in no way less stringent than those applicable in the cases referred to in paragraph 1 of section 5.
3. Any person prosecuted for 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 fully understood in any extradition treaty between the States parties. States parties undertake to understand these offences in any extradition treaty to be concluded between them.
2. If a State Party that supersedes extradition to the existence of a treaty is seized with a request for extradition by another State Party with which it is not bound by an extradition treaty, it may consider this Convention as establishing the legal basis for extradition with respect to such offences. Extradition is subject to the other conditions provided by the law of the requested State.
3. States parties that do not subordinate the extradition to the existence of a treaty recognize such offences as cases of extradition between them under the conditions provided by the law of the requested State.
4. Between States parties these offences are considered for the purposes of extradition as having been committed both in the place of their commission and in the territory under the jurisdiction of the States required to establish their jurisdiction under Article 5, paragraph 1.
Article 9
1. States parties shall accord the widest possible mutual legal assistance in any criminal proceedings relating to offences referred to in Article 4, including with respect to the communication of all the evidence available to them and which are necessary for the purposes of the proceedings.
2. States parties shall comply with their obligations under paragraph 1 of this article in accordance with any mutual legal assistance treaty that may exist between them.
Article 10
1. Any State Party shall ensure that the education and information relating to the prohibition of torture is an integral part of the training of civilian or military personnel responsible for the application of laws, medical personnel, public service officials and other persons who may intervene in the custody, interrogation or treatment of any person arrested, detained or imprisoned in any way.
2. Any State Party shall incorporate such prohibition into the rules or instructions enacted with regard to the obligations and powers of such persons.
Article 11
Any State Party shall exercise systematic monitoring of the rules, instructions, methods and practices of interrogation and the provisions concerning the custody and treatment of persons arrested, detained or imprisoned in any way in any territory under its jurisdiction, with a view to avoiding any cases of torture.
Article 12
Any State Party shall ensure that the competent authorities immediately conduct an impartial investigation whenever there are reasonable grounds to believe that an act of torture has been committed in any territory under its jurisdiction.
Article 13
Any State Party shall ensure to any person who claims to have been subjected to torture in any territory under its jurisdiction the right to lodge a complaint with the competent authorities of that State which shall immediately and impartially examine its case. Measures will be taken to ensure the protection of the complainant and witnesses against any ill-treatment or intimidation as a result of the complaint or any evidence made.
Article 14
1. Any State Party shall, in its legal system, guarantee to the victim of an act of torture the right to obtain redress and be compensated fairly and adequately, including the means necessary for its fullest possible remedy. In the event of the death of the victim resulting from an act of torture, the persons responsible for the torture are entitled to compensation.
2. This section does not exclude any right to compensation that the victim or any other person would have under national laws.
Article 15
Any State Party shall ensure that any statement made that it has been obtained from torture cannot be invoked as evidence in a proceeding, except against the person accused of torture to establish that a statement has been made.
Article 16
1. Any State Party undertakes to prohibit in any territory under its jurisdiction other acts constituting cruel, inhuman or degrading treatment or punishment that are not acts of torture as defined in article 1 where such acts are committed by a public official or any other person acting in an official capacity, or by his or her instigation or with his or her express or tacit consent. In particular, the obligations set out in articles 10, 11, 12 and 13 are applicable with the replacement of the mention of torture by mentioning other forms of cruel, inhuman or degrading treatment or punishment.
2. The provisions of this Convention shall be without prejudice to the provisions of any other international instrument or national law which prohibit cruel, inhuman or degrading treatment or punishment, or which relate to extradition or expulsion.
PART II
Article 17
1. A Committee against Torture (hereinafter referred to as the Committee) has the functions defined below. The Committee is composed of ten experts of high morality and having recognized competence in the field of human rights, who sit on a personal basis. The experts are elected by the States parties, taking into account equitable geographical reparation and the interest of participation in the work of the Committee of some persons with legal experience.
2. Members of the Committee shall be elected by secret ballot on a list of candidates nominated by States parties. Each State Party may designate a candidate selected from its nationals. States parties shall take into account the interest of nominating candidates 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. The members of the Committee are elected during biennial meetings of the States parties convened by the Secretary-General of the United Nations. At these meetings, where the quorum is constituted by two thirds of the States parties, are elected as members of the Committee the candidates who obtain the largest number of votes and the absolute majority of the votes of the representatives of the States parties present and voting.
4. The first election shall be held no later than six months after the date of entry into force of this Convention. Four months or less before the date of each election, the Secretary-General of the United Nations sends a letter to the States parties inviting them to apply within three months. The Secretary-General shall prepare a list in alphabetical order of all candidates so nominated, with the indication of the States parties that have nominated them, and shall communicate it to the States parties.
5. The members of the Committee shall be elected for four years. They are eligible for re-election if they are presented again. However, the term of office of the five members elected at the first election will end after two years; immediately after the first election, the name of the five members shall be drawn by lot by the Chairperson of the meeting referred to in paragraph 3 of this article.
6. If a member of the Committee dies, dismisses his or her office or is no longer in a position for any other reason to discharge his or her powers to the Committee, the State party that designated him shall appoint another expert from among its nationals who shall sit on the Committee for the portion of the remaining term, subject to the approval of the majority of the States parties. This approval shall be deemed to have been granted unless half of the States Parties or more give an unfavourable opinion within six weeks of the time when they have been informed by the Secretary General of the United Nations of the proposed appointment.
7. The States parties shall pay the expenses of the members of the Committee for the period when they perform functions in the Committee.
Article 18
1. The Committee shall elect its office for a period of two years. Members of the office are eligible for re-election.
2. The Committee shall establish its own rules of procedure; However, it must include, inter alia:
(a) The quorum is six members;
(b) The decisions of the Committee shall be taken by a majority of the members present.
3. The Secretary-General of the United Nations shall make available to the Committee the personnel and material facilities necessary for the effective performance of the functions entrusted to him under this Convention.
4. The Secretary General of the United Nations shall convene the members of the Committee for the first meeting. After its first meeting, the Committee shall meet on any occasion provided for by its rules of procedure.
5. The States Parties shall bear the costs incurred by holding meetings of the States Parties and the Committee, including reimbursement to the United Nations of any costs, such as personnel costs and costs of physical facilities, which the Organization has incurred in accordance with or 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 commitments under this Convention, within one year of the entry into force of the Convention for the State Party concerned. States parties shall then submit supplementary reports every four years on any new measures taken, and any other reports requested by the Committee.
2. The Secretary-General of the United Nations shall transmit the reports to all States parties.
3. Each report is considered by the Committee, which may make general comments on the report which it considers appropriate and which transmits such comments to the State party concerned. This State Party may communicate in response to the Committee any comments it considers useful.
4. The Committee may, at its discretion, decide to reproduce in its annual report in accordance with article 24 any comments made by the Committee under paragraph 3 of this article, together with comments received in this regard from the State party concerned. If the State party concerned so requests, the Committee may also reproduce the report under paragraph 1 of this article.
Rule 20
1. If the Committee receives credible information that appears to it to contain well-founded indications that torture is systematically practised in the territory of a State party, it invites the State party to cooperate in the examination of the information and, to that end, to share its observations on this subject.
2. Taking into account any observations, if any, made by the State party concerned and any other relevant information available to it, the Committee may, if it considers that this warrants, charge one or more of its members to conduct a confidential investigation and to report to it on an emergency basis.
3. If an inquiry is made under paragraph 2 of this article, the Committee shall seek the cooperation of the State party concerned. In accordance with this State party, the investigation may include a visit to its territory.
4. After considering the conclusions of the member or members submitted to him in accordance with paragraph 2 of this article, the Committee shall transmit these conclusions to the State party concerned, with any comments or suggestions that it considers appropriate in the light of the situation.
5. All work of the Committee referred to in paragraphs 1 to 4 of this article shall be confidential and, at all stages of work, efforts shall be made to obtain the cooperation of the State party. Once this work has been completed on an investigation conducted under paragraph 2, the Committee may, after consultations with the State party concerned, decide to include a summary record of the results of the work in its annual report in accordance with Article 24.
Article 21
1. Any State Party to this Convention may, under this article, declare at any time that it recognizes the competence of the Committee to receive and consider communications in which a State Party claims that another State Party shall not fulfil its obligations under this Convention. Such communications may only be received and considered in accordance with this article if they arise from a State Party which has made a declaration recognizing, with regard to it, the competence of the Committee. The Committee does not receive any communication involving a State Party that has not made such a declaration. The following procedure applies in respect of communications received under this section:
(a) If a State Party to this Convention considers that another State also party to the Convention does not apply the provisions of the Convention, it may call, by written communication, the attention of that State to the matter. Within a period of three months from the date of receipt of the communication, the receiving State shall inform the State which has sent the communication of the explanations or any other written statements elucidating the matter, which shall include, to the extent possible and useful, information on its rules of procedure and on the means of appeal, either already used or pending or still open;
(b) If, within six months of the date of receipt of the original communication by the receiving State, the matter is not resolved to the satisfaction of the two States parties concerned, both shall have the right to submit it to the Committee, with a notification to the Committee and to the other State concerned;
(c) The Committee shall not be aware of any matter referred to it under this article unless it has ascertained that all available domestic remedies have been used and exhausted in accordance with generally recognized principles of international law. This rule does not apply in cases where appeal proceedings exceed reasonable time limits or in cases where it is unlikely that appeal proceedings would satisfy the person who is the victim of the violation of this Convention;
(d) The Committee shall hold its closed sessions when examining communications under this article;
(e) Subject to paragraph (c), the Committee shall make its good offices available to the States parties concerned in order to arrive at an amicable solution to the matter, based on compliance with the obligations provided for in this Convention. To this end, the Committee may, if it considers it appropriate, establish an ad hoc conciliation commission;
(f) In any case referred to in this article, the Committee may request the States parties concerned, referred to in paragraph (b), to provide any relevant information;
(g) The States parties concerned, referred to in paragraph (b), have the right to be represented during the examination of the case by the Committee and to make oral or written comments, or both;
(h) The Committee shall submit a report within twelve months of the day on which it received the notification referred to in paragraph (b):
(i) If a solution has been found in accordance with the provisions of paragraph (e), the committee is limited in its report to a brief statement of the facts and the solution involved;
(ii) If a solution could not be found in accordance with the provisions of paragraph (e), the Committee shall, in its report, be limited to a brief statement of facts; the text of the written comments and the minutes of the oral comments submitted by the States parties concerned are attached to the report.
For each case, the report is communicated to the States parties concerned.
2. The provisions of this article shall enter into force when five States parties to this Convention have made the declaration provided for in paragraph 1 of this article. The said declaration shall be filed by the State party with the Secretary-General of the United Nations, who shall transmit copies thereof to the other States parties. A statement may be withdrawn at any time by notification addressed to the Secretary-General. This withdrawal is without prejudice to the consideration of any matter that is the subject of a communication already transmitted under this section; no other communication from a State Party shall be received under this article after the Secretary-General has received notification of the withdrawal of the declaration, unless the State Party concerned has made a new declaration.
Article 22
1. Any State Party to this Convention may, under this article, declare at any time that it recognizes the competence of the Committee to receive and consider communications from or on behalf of individuals under its jurisdiction who claim to be a victim of a violation by a State Party of the provisions of the Convention. The Committee does not receive any communication involving a State Party that has not made such a declaration.
2. The Committee declares inadmissible any communication under this article which is anonymous or considers to be an abuse of the right to submit 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 communication under this article to the attention of the State party to this Convention which has made a declaration under paragraph 1 and has allegedly violated any of the provisions of the Convention. Within six months, the said State shall submit in writing to the Committee explanations or delarations clarifying the matter and indicating, where appropriate, the measures it may have taken to remedy the situation.
4. The Committee shall consider the communications received under this article taking into account all information submitted to it by or on behalf of the individual and by the State party concerned.
5. The Committee shall not consider any communication of an individual in accordance with this article without ascertaining that:
(a) The same question was not and is not being examined under another procedure of international investigation or settlement;
(b) The individual has exhausted all available domestic remedies; this rule does not apply to appeal proceedings exceeding reasonable time limits or if it is unlikely that they would give satisfaction to the individual who is the victim of a violation of this Convention.
6. The Committee shall hold its closed sessions when examining the communications provided for in this article.
7. The Committee expresses its findings to the State party concerned and to the individual.
8. The provisions of this article shall enter into force when five States parties to this Convention have made the declaration provided for in paragraph 1 of this article. The said declaration shall be deposited by the State party with the Secretary-General of the United Nations, who shall transmit copies thereof to the other States parties. A statement may be withdrawn at any time by notification addressed to the Secretary-General. This withdrawal is without prejudice to the consideration of any matter that is the subject of a communication already transmitted under this section; no other communication submitted by or on behalf of an individual shall be received under this article after the Secretary-General has received notification of the withdrawal of the declaration, unless the State party concerned has made a new declaration.
Article 23
Members of the Committee and members of ad hoc conciliation boards who may be appointed in accordance with paragraph 1 (e) of Article 21 shall be entitled to facilities, privileges and immunities recognized to experts on mission for the United Nations, as set out in the relevant sections of the Convention on the Privileges and Immunities of the United Nations.
Article 24
The Committee shall submit to the States parties and to the General Assembly of the United Nations an annual report on its activities under this Convention.
PART III
Rule 25
1. This Convention is open for signature by all States.
2. This Convention is subject to ratification. Instruments of ratification will be deposited with the Secretary-General of the United Nations.
Rule 26
All States may accede to this Convention. Membership shall be effected by the deposit of an instrument of accession to the Secretary-General of the United Nations.
Rule 27
1. This Convention shall enter into force on the thirtieth day after the date of deposit with the Secretary-General of the United Nations of the twentieth instrument of ratification or accession.
2. For any State ratifying or acceding to this Convention after the deposit of the twentieth instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after the date of the deposit by that State of its instrument of ratification or accession.
Rule 28
1. Each State may, at the time of signing, ratifying or acceding to this Convention, declare that it does not recognize the competence granted to the Committee under Article 20.
2. Any State Party that has made a reservation in accordance with the provisions of paragraph 1 of this article may at any time withdraw this reservation by a notification addressed to the Secretary-General of the United Nations.
Rule 29
1. Any State Party to this Convention may propose an amendment and deposit its proposal with the Secretary-General of the United Nations. The Secretary General will communicate the amendment proposal to the States parties by asking them to let them know whether they are in favour of the organization of a conference of States parties for the consideration of the proposal and its vote. If, within four months after the date of such a communication, at least one third of the States parties shall vote in favour of the holding of the conference, the Secretary-General shall organize 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 will be submitted by the Secretary-General to the acceptance of all States parties.
2. An amendment adopted in accordance with the provisions of paragraph 1 of this article shall enter into force when two thirds of the States parties to this Convention have informed the Secretary-General of the United Nations that they have accepted it in accordance with the procedure provided for in their respective constitutions.
3. When the amendments enter into force, they shall be binding on the States parties that have accepted them, the other States parties shall remain bound by the provisions of this Convention and by any earlier amendments which they have accepted.
Rule 30
1. Any dispute between two or more States parties concerning the interpretation or application of this Convention which cannot be settled by negotiation shall be subject to arbitration at the request of one of them. If, within six months after the date of the application for arbitration, the parties fail to agree on the organization of the arbitration, any of them may submit the dispute to the International Court of Justice by filing a request in accordance with the Statute of the Court.
2. Each State may, at the time of signing, ratifying or acceding to this Convention, declare that it does not consider itself bound by the provisions of paragraph 1 of this article. The other States parties shall not be bound by such provisions to any State Party which has formulated such a reservation.
3. Any State Party that has made a reservation in accordance with the provisions of paragraph 2 of this article may at any time withdraw this reservation by a notification addressed to the Secretary-General of the United Nations.
Rule 31
1. A State Party may denounce this Convention by written notification addressed to the Secretary-General of the United Nations. The denunciation takes effect one year after the date on which the notification was received by the Secretary-General.
2. Such denunciation shall not release the State party from its obligations under this Convention in respect of any act or omission committed before the date on which the denunciation takes effect; it will not be an obstacle to further consideration of any matter before the Committee at the date on which the denunciation took effect.
3. After the date on which the denunciation by a State Party takes effect, the Committee shall not undertake any new matter concerning that State.
Rule 32
The Secretary-General of the United Nations shall notify all States Members of the United Nations and all States that have signed or acceded to this Convention:
(a) Signatures, ratifications and accessions received under articles 25 and 26;
(b) The date of entry into force of the Convention under Article 27 and the date of entry into force of any amendment under Article 29.
(c) Denunciations received under section 31.
Rule 33
1. This Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, will be deposited with the Secretary-General of the United Nations.
2. The Secretary-General of the United Nations shall maintain a certified copy of this Convention to all States.
Belgium made the following declarations upon deposit of its instrument of ratification:
"In accordance with Article 21 paragraph 1er of the Convention, Belgium declares that it recognizes the competence of the Committee against Torture to receive and consider communications in which a State party claims that another State does not fulfil its obligations under the Convention".
"In accordance with article 22, paragraph 1er of the Convention, Belgium declares that it recognizes the competence of the Committee against Torture to receive and consider communications from or on behalf of individuals within its jurisdiction who claim to be victims of violations by a State party of the provisions of the Convention".

CONVENTION CONTRE LA TORTURE ET AUTRES PEINES ou TRAITEMENTS CRUELS, INHUMAINS ou DEGRADANTS, ADOPTEE A NEW YORK LE 10 DECEMBER 1984
Related States
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