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RS 0.105 Convention of 10 December 1984 against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Original Language Title: RS 0.105 Convention du 10 décembre 1984 contre la torture et autres peines ou traitements cruels, inhumains ou dégradants

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0.105

Original text

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Conclue in New York December 10, 1984
Approved by the Federal Assembly on October 6, 1986 1
Instrument of ratification deposited by Switzerland on 2 December 1986
Entry into force for Switzerland on 26 June 1987

(Status on 5 February 2015)

The States Parties to this Convention,

Whereas, in accordance with the principles proclaimed in the Charter of the United Nations 2 , 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 derive from the inherent dignity of the human person,

Whereas States are obliged, by virtue of the Charter, in particular s. 55, to encourage universal respect for and observance of human rights and fundamental freedoms,

Renaming s. 5 of the Universal Declaration of Human Rights and Art. 7 of the International Covenant on Civil and Political Rights, which stipulates that no one shall be subjected to torture or to 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,

Wishing to increase the effectiveness of the fight against torture and other cruel, inhuman or degrading treatment or punishment throughout the world,

Agreed to the following:

First part

Art. 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 inflicted on a person for the purpose of obtaining from it or from a third party A person who has committed or is suspected of having committed, intimidating or intimidating or intimidating or intimidating a third person, or for the purpose of putting pressure on a third person, or Any other ground based on any form of discrimination, in any case, when such pain or Such suffering shall be inflicted by an official of the public service or any other person acting in official capacity or at his instigation or with his express or tacit consent. This term does not extend to pain or suffering resulting solely from legitimate sanctions inherent in or caused by such sanctions.

(2) This Article shall be without prejudice to any international instrument or national law which contains or may contain provisions of a broader scope.

Art. 2

1. Each State Party shall take effective legislative, administrative, judicial and other measures to prevent the commission of acts of torture in any territory under its jurisdiction.

2. No exceptional circumstances, whether in the case of the state of war or 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 a public authority cannot be invoked to justify torture.

Art. 3

1. No State Party shall expel, return or extradite a person to another State where there are serious grounds for believing that it is in danger of being subjected to torture.

2. In determining whether there are such grounds, the competent authorities shall take into account all relevant considerations, including, where appropriate, the existence, in the State concerned, of a pattern of systematic violations of the rights of Man, serious, flagrant or massive.

Art. 4

1. Each State Party shall ensure that all acts of torture constitute offences under its criminal law. The same applies to the attempt to practise torture or any act committed by any person who constitutes complicity or participation in the act of torture.

(2) Each State Party shall make such offences punishable by appropriate penalties which take into account their gravity.

Art. 5

(1) Each State Party shall take the necessary measures to establish its jurisdiction for the purpose of knowing the offences referred to in s. 4 in the following cases:

(a)
Where the offence has been committed in any territory under the jurisdiction of that State or on board aircraft or ships 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 and the latter considers it appropriate.

(2) Each 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 offender is located in any territory under its jurisdiction and where the said State does not extradite him Not in accordance with Art. 8 to one of the States referred to in s. 1 of this article.

3. This Convention does not preclude any criminal jurisdiction exercised in accordance with national laws.

Art. 6

1. If it considers that the circumstances justify it, having examined the information available to it, any State Party on whose territory a person suspected of having committed an offence referred to in s. 4 shall ensure the detention of that person or take all other legal measures necessary to ensure his or her presence. Such detention and measures shall be in accordance with the law of that State; they may only be maintained for the period necessary for the initiation of criminal proceedings or extradition proceedings.

2. The said State shall immediately carry out a preliminary investigation with a view to establishing the facts.

3. Any person detained pursuant to s. 1 of this article may immediately communicate with the nearest qualified representative of the State of which it is a national or, if it is a stateless person, with the representative of the State in which the person ordinarily resides.

4. Where a State has placed a person in custody, in accordance with the provisions of this article, it shall immediately notify such detention and the circumstances which justify it to the States referred to in s. 1 of the art. 5. The State conducting the preliminary inquiry referred to in para. 2 of this Article shall promptly communicate its conclusions to the said States and indicate whether it intends to exercise its jurisdiction.

Art. 7

(1) The State Party in the territory under whose jurisdiction the alleged perpetrator of an offence referred to in s. 4 is discovered, if it does not extradite him, submits the case, in the cases referred to in s. 5 to its competent authorities for the exercise of criminal proceedings.

2. These authorities shall take their decision under the same conditions as for any infringement of a common law of a serious nature under the law of that State. In the cases referred to in s. 2 of the art. 5, the rules of evidence applicable to prosecution and conviction are in no way less stringent than those that apply in the cases referred to in paragraph 1 of s. 5.

3. Any person prosecuted for any of the offences referred to in s. 4 benefits from the guarantee of fair treatment at all stages of the proceedings.

Art. 8

1. Offences referred to in s. 4 shall be fully understood in any extradition treaty between States Parties. States Parties undertake to understand such offences in any extradition treaty to be concluded between them.

(2) If a State Party which makes extradition conditional on the existence of a treaty is seized of a request for extradition by another State Party with which it is not bound by an extradition treaty, it may consider this Convention as Constituting the legal basis for extradition in respect of such offences. Extradition shall be subject to the other conditions laid down by the law of the requested State.

States Parties which do not make extradition conditional on the existence of a treaty shall recognise such offences as extraditable offences between themselves under the conditions laid down by the law of the requested State.

4. Between States Parties, such offences shall be 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 subs. 1 of the art. 5.

Art.

1. States Parties shall afford the widest measure of mutual legal assistance in any criminal proceedings relating to offences referred to in s. 4, including the communication of all the evidence before them and which are necessary for the purposes of the proceedings.

2. States Parties shall fulfil their obligations under s. 1 of this article in accordance with any treaty of mutual legal assistance that may exist between them.

Art. 10

1. Each State Party shall ensure that education and information concerning the prohibition of torture is an integral part of the training of civilian or military personnel responsible for the enforcement of laws, medical personnel, agents of the Public service and other persons who may intervene in the custody, interrogation or treatment of any individual arrested, detained or imprisoned in any way.

(2) Any State Party shall incorporate the said prohibition into the rules or instructions laid down in respect of the obligations and powers of such persons.

Art. 11

Each 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 On any territory under its jurisdiction, in order to avoid any cases of torture.

Art. 12

Each State Party shall ensure that the competent authorities immediately carry out an impartial investigation whenever there are reasonable grounds to believe that an act of torture has been committed in any territory under its jurisdiction.

Art. 13

Any State Party shall ensure that any person claiming to have been subjected to torture in any territory under his jurisdiction shall have the right to lodge a complaint before the competent authorities of that State which shall proceed immediately and impartially Of its cause. 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 presented.

Art. 14

1. Each State Party shall guarantee, in its legal system, the victim of an act of torture, the right to obtain reparation and to be compensated fairly and adequately, including the means necessary for its fullest rehabilitation Possible. In the event of the death of the victim as a result of an act of torture, the victims of torture shall be entitled to compensation.

2. This Article does not exclude any right to compensation that the victim or any other person would have under national laws.

Art. 15

Each State Party shall ensure that any declaration made by it that it has been obtained by torture shall not be invoked as evidence in any proceedings, except against the person accused of torture to establish that a Statement was made.

Art. 16

1. Each State Party undertakes to prohibit in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment that are not acts of torture as defined in article 1 When such acts are committed by a public service official or any other person acting in an official capacity, or at his instigation or with his express or tacit consent. In particular, the obligations under s. 10, 11, 12 and 13 are applicable with the replacement of the mention of torture with the mention of 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 prohibiting cruel, inhuman or degrading treatment or punishment, or relating to extradition or To expulsion.

Second part

Art. 17

1. A Committee against Torture (hereinafter referred to as the Committee) shall be established with the following functions. The Committee is composed of ten experts of high moral standing and a recognized competence in the field of human rights, who serve in a personal capacity. The experts shall be elected by the States Parties, taking into account the equitable geographical distribution and the interest in participating in the work of the Committee of a few persons with legal experience.

(2) The members of the Committee shall be elected by secret ballot on a list of candidates nominated by the States Parties. Each State Party may designate a selected candidate from among its nationals. States Parties shall take into account the interest of candidates who are also members of the Human Rights Committee established under the International Covenant on Civil and Political Rights and who are prepared to Sit on the Committee against Torture.

3. The members of the Committee shall be elected at biennial meetings of the States Parties convened by the Secretary-General of the United Nations. At such meetings, or the quorum consists of two-thirds of the States Parties, shall be elected members of the Committee the candidates who obtain the largest number of votes and an absolute majority of the votes of the representatives of the States Parties present and Voters.

The first election shall be held 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 inviting them to submit their nominations within three months. The Secretary-General shall draw up a list in alphabetical order of all the candidates thus nominated, with the indication of the States Parties which have nominated them, and shall communicate it to the States Parties.

The members of the Committee shall be elected for four years. They are eligible for re-election if they are resubmitted. However, the term of five of the members elected at the first election shall expire after two years; immediately after the first election, the names of those five members shall be drawn by lot by the chairperson of the meeting referred to in subs. 3 of this article.

6. If a member of the Committee dies, fails to perform his duties or is no longer in a position for any other reason to discharge his or her responsibilities to the Committee, the State Party nominated by the Committee shall appoint another expert to the Committee from among its nationals For the remainder of the term of office, subject to the approval of the majority of the States Parties. Such approval shall be taken for granted unless half or more of the States Parties issue an adverse opinion within six weeks of the date on which they have been informed by the Secretary-General of the Organization United Nations of the proposed appointment.

7. The States Parties shall bear the expenses of the members of the Committee for the period, or they shall discharge their duties to the Committee.

Art. 18

The Committee shall elect its Bureau for a period of two years. The members of the Bureau are eligible for re-election.

The Committee shall establish its own rules of procedure, but it shall, however, contain in particular the following provisions:

(a)
The quorum is six members;
(b)
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 physical facilities necessary for the effective performance of the functions entrusted to it under the present 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 in its rules of procedure.

5. States Parties shall bear the costs incurred by the holding of meetings of the States Parties and the Committee, including reimbursement to the United Nations of all costs, such as staff costs and costs Of physical facilities, which the Organization will have engaged in accordance with paragraph (a). 3 of this article.

Art. 19

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 a time limit One year from the entry into force of the Convention for the State Party concerned. The States Parties shall submit further 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 shall be considered by the Committee, which may make general comments on the report it considers appropriate and which shall transmit such comments to the State Party concerned. The State Party may communicate in reply to the Committee any comments it deems appropriate.

4. The Committee may, at its discretion, decide to reproduce in its annual report pursuant to s. 24 all comments made by him under s. 3 of this Article, together with the comments received on this subject from the State Party concerned. If requested by the State Party concerned, the Committee may also reproduce the report submitted under subs. 1 of this article.

Art.

1. If the Committee receives credible information that it appears 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, for that purpose, to make its observations on this subject.

2. Taking into account any observations submitted by the State Party concerned and any other relevant information available to it, the Committee may, if it considers this to be justified, entrust one or more of its members with Conduct a confidential investigation and report it as a matter of urgency.

3. If an investigation is conducted under s. 2 of this Article, the Committee shall seek the cooperation of the State Party concerned. In agreement with the State Party, the investigation may include a visit to its territory.

4. After considering the findings of the member or members referred to it in accordance with subs. 2 of this Article, the Committee shall forward these findings to the State Party concerned, with any comments or suggestions which it considers appropriate in view of the situation.

5. All the work of the Committee referred to in s. 1 to 4 of this article shall be confidential and, at all stages of the work, efforts shall be made to obtain the cooperation of the State Party. Upon completion of the work on an investigation under s. 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 art. 24.

Art.

(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 examine communications in which a State Party claims that another State Party does not Does not fulfil its obligations under this Convention. Such communications may be received and considered in accordance with this article only if they emanate from a State Party which has made a declaration recognizing, as far as it is concerned, the competence of the Committee. The Committee shall not receive any communication of interest to a State Party which has not made such a declaration. The following procedure shall apply in respect of communications received under this Article:

(a)
If a State Party to this Convention considers that another State party to the Convention does not apply the provisions of this Convention, it may, by written communication, draw 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 clarifying the question, which shall Understand, to the extent possible and useful, indications of its rules of procedure and the means of redress, either already in use or pending, or still open;
(b)
If, within six months from the date of receipt of the original communication by the receiving State, the matter is not settled to the satisfaction of the two States parties concerned, both parties shall have the right to submit it to the Committee, by notification to the Committee, as well as to the other State concerned;
(c)
The Committee shall not be aware of any matter referred to it under this article until after it has ascertained that all available domestic remedies have been used and exhausted, in accordance with generally accepted principles of international law. This rule does not apply in cases where the appeal procedures exceed reasonable time limits or in cases where it is unlikely that the appeal procedures would satisfy the person who is the victim of the violation of the Present Convention;
(d)
The Committee shall hold closed meetings when examining communications under this article;
(e)
Subject to the provisions of para. (c) the Committee shall make its good offices available to interested States Parties in order to arrive at an amicable solution to the matter, based on compliance with the obligations set out in this Convention. To this end, the Committee may, if it considers it appropriate, establish an ad hoc conciliation commission;
(f)
In any matter referred to it under this Article, the Committee may request the States Parties concerned, as referred to in para. (b) provide all relevant information;
(g)
The States Parties concerned, referred to in para. (b) have the right to be represented at the examination of the case by the Committee and to make observations orally or in writing, or in any other form;
(h)
The Committee shall submit a report within twelve months of the date of receipt of the notification referred to in para. (b);
(i)
If a solution could be found in accordance with the provisions of para. (e) the Committee shall confine itself in its report to a brief statement of the facts and the solution;
(ii)
If a solution could not be found in accordance with the provisions of subparagraph (e), the Committee shall confine itself, in its report, to a brief statement of the facts; the text of the written observations and the minutes of the oral observations submitted by the States Interested parties are attached to the report.
For each case, the report shall be communicated to the States Parties concerned.

2. The provisions of this Article shall enter into force when five States party to this Convention have made the declaration provided for in paragraph 2. 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 declaration may be withdrawn at any time by a notification addressed to the Secretary-General. Such withdrawal shall be without prejudice to the consideration of any matter which is the subject of a communication already transmitted under this article; no further communication by a State Party shall be received under this Article after the Secretary Notification of the withdrawal of the declaration, unless the State Party concerned has made a new declaration.

Art.

(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 submitted by or on behalf of individuals under its Which claim to be victims of a violation by a State Party of the provisions of the Convention. The Committee shall not receive any communication of interest to a State Party which has not made such a declaration.

2. The Committee shall declare inadmissible any communication submitted under this article which is anonymous or which it considers to be an abuse of the right to submit such communications, or be incompatible with the provisions of this Convention.

Subject to the provisions of subs. 2, the Committee shall bear any communication referred to it under this Article to the attention of the State Party to this Convention which has made a declaration under subs. 1 and allegedly violated any of the provisions of the Convention. Within six months, the said State shall submit in writing to the Committee explanations or statements clarifying the matter and indicating, where appropriate, the measures it may have taken to remedy the situation.

(4) The Committee shall examine communications received under this Article taking into account all information submitted to it by or on behalf of the individual and the State Party concerned.

5. The Committee shall not consider any communication from an individual in accordance with this Article without ensuring that:

(a)
The same issue has not been and is not being considered before another international body of inquiry or settlement;
(b)
The individual has exhausted all available domestic remedies; this rule does not apply if the appeal procedures exceed reasonable time limits or if it is unlikely that they would satisfy the individual who is the victim of a Violation of this Convention.

The Committee shall hold its meetings in camera when examining the communications provided for in this article.

The Committee shall communicate its findings to the State Party concerned and to the individual.

8. The provisions of this Article shall enter into force when five States party to this Convention have made the declaration provided for in par. 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 declaration may be withdrawn at any time by a notification addressed to the Secretary-General. Such withdrawal shall be without prejudice to the examination of any matter which is the subject of a communication already transmitted under this Article; no further communication submitted by or on behalf of an individual will 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.

Art.

Members of the Committee and members of the Conciliation Commissions Ad hoc Who could be appointed in accordance with para. (e) du par. 1 of the art. 21 are entitled to the facilities, privileges and immunities accorded 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.

Art. 24

The Committee shall submit to the States Parties and to the General Assembly of the United Nations an annual report on the activities of the Committee under this Convention.

Third part

Art. 25

(1) This Convention shall be open for signature by all States.

2. This Convention is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.

Art. 26

All States may accede to this Convention. Accession shall be made by the deposit of an instrument of accession with the Secretary-General of the United Nations.

Art. 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.

Art. 28

(1) Each State may, at the time of signing or ratifying or acceding to this Convention, declare that it does not recognize the competence of the Committee under s. 20.

(2) Any State Party which has made a reservation in accordance with the provisions of paragraph 1 of this article may at any time withdraw that reservation by notification addressed to the Secretary-General of the United Nations.

Art.

1. Any State Party to this Convention may propose an amendment and submit its proposal to the Secretary-General of the United Nations. The Secretary-General will communicate the proposed amendment to the States Parties by asking them 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 from the date of such communication, at least one third of the States Parties support the holding of the said Conference, the Secretary-General shall organize the Conference under the auspices of the Organization of 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 the acceptance of all States Parties.

2. An amendment adopted in accordance with the provisions of s. 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 which have accepted them, the other States Parties remaining bound by the provisions of this Convention and by any previous amendments Have accepted.

Art.

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 submitted to arbitration at the request of one of them. If, within six months after the date of the request for arbitration, the parties fail to agree on the organization of the arbitration, any one of them may refer the dispute to the International Court of Justice in Filing a request in accordance with the Statute of the Court.

(2) Each State may, at the time of signing or ratifying this Convention or acceding to it, declare that it does not consider itself bound by the provisions of s. 1 of this article. The other States Parties shall not be bound by those provisions to any State Party which has made such a reservation.

(3) Any State Party which has made a reservation in accordance with the provisions of par. 2 of this article may at any time raise this reservation by a notification addressed to the Secretary-General of the United Nations.

Art.

1. A State Party may denounce this Convention by written notification addressed to the Secretary-General of the United Nations. Denunciation shall take effect one year after the date on which the notification has been received by the Secretary-General.

2. Such denunciation shall not liberate 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 shall not No obstacle to the further consideration of any matter before the Committee on 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 the consideration of any new questions concerning that State.

Art. 32

The Secretary-General of the United Nations shall notify all States Members of the United Nations and all States which have signed or acceded to this Convention:

(a)
Signatures, ratifications and accessions received pursuant to Art. 25 and 26;
(b)
The date of entry into force of the Convention pursuant to Art. 27 and the effective date of any amendment under s. 29;
(c)
Denunciations received pursuant to s. 31.
Art. 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 make a certified copy of this Convention to all States.

Scope of application February 5, 2015 3

States Parties

Ratification

Accession (A)

Statement of Succession (S)

Signature without reservation of ratification (If)

Entry into force

Afghanistan *

1 Er April

1987

26 June

1987

South Africa *

10 December

1998

9 January

1999

Albania

11 May

1994 A

10 June

1994

Algeria

12 September

1989

12 October

1989

Germany * **

1 Er October

1990

October 31

1990

Andorra

22 September

2006

22 October

2006

Antigua and Barbuda

19 July

1993 A

August 18

1993

Saudi Arabia *

23 September

1997 A

23 October

1997

Argentina

24 September

1986

26 June

1987

Armenia

13 September

1993 A

13 October

1993

Australia * *

8 August

1989

7 September

1989

Austria * ** a

July 29

1987

August 28

1987

Azerbaijan

August 16

1996 A

September 15

1996

Bahrain *

6 March

1998 A

5 April

1998

Bangladesh *

5 October

1998 A

4 November

1998

Belarus

13 March

1987

26 June

1987

Belgium * *

25 June

1999

July 25

1999

Belize

March 17

1986 A

26 June

1987

Benin

12 March

1992 A

April 11

1992

Bolivia

12 April

1999

12 May

1999

Bosnia and Herzegovina

1 Er September

1993 S

6 March

1992

Botswana *

8 September

2000

8 October

2000

Brazil

28 September

1989

28 October

1989

Bulgaria

16 December

1986

26 June

1987

Burkina Faso

4 January

1999 A

3 February

1999

Burundi

18 February

1993 A

20 March

1993

Cambodia

15 October

1992 A

14 November

1992

Cameroon

19 December

1986 A

26 June

1987

Canada * **

24 June

1987

24 July

1987

Cape Verde

4 June

1992 A

4 July

1992

Chile *

September 30

1988

30 October

1988

China *

4 October

1988

3 November

1988

Hong Kong A

6 June

1997

July 1

1997

Macao B

13 December

1999

20 December

1999

Cyprus

18 July

1991

August 17

1991

Colombia

8 December

1987

7 January

1988

Congo (Brazzaville)

July 30

2003 A

29 August

2003

Congo, Kinshasa

18 March

1996 A

April 17

1996

Korea (South)

9 January

1995 A

February 8

1995

Costa Rica

11 November

1993

11 December

1993

Côte d' Ivoire

18 December

1995 A

17 January

1996

Croatia

12 October

1992 S

8 October

1991

Cuba *

17 May

1995

June 16

1995

Denmark * *

27 May

1987

26 June

1987

Djibouti

5 November

2002 A

5 December

2002

Egypt

25 June

1986 A

26 June

1987

El Salvador

17 June

1996 A

17 July

1996

United Arab Emirates *

19 July

2012 A

August 18

2012

Ecuador *

30 March

1988

29 April

1988

Eritrea *

September 25

2014 A

25 October

2014

Spain * *

21 October

1987

20 November

1987

Estonia

21 October

1991 A

20 November

1991

US * **

21 October

1994

20 November

1994

Ethiopia

March 14

1994 A

13 April

1994

Finland * *

August 30

1989

29 September

1989

France * **

18 February

1986

26 June

1987

Gabon

8 September

2000

8 October

2000

Georgia

26 October

1994 A

25 November

1994

Ghana *

7 September

2000

7 October

2000

Greece * *

6 October

1988

5 November

1988

Guatemala

5 January

1990 A

4 February

1990

Guinea

10 October

1989

9 November

1989

Guinea-Bissau

24 September

2013

24 October

2013

Equatorial Guinea *

8 October

2002 A

7 November

2002

Guyana

19 May

1988

18 June

1988

Honduras

5 December

1996 A

4 January

1997

Hungary * *

15 April

1987

26 June

1987

Indonesia *

28 October

1998

27 November

1998

Iraq

7 July

2011 A

August 6

2011

Ireland * *

April 11

2002

11 May

2002

Iceland

23 October

1996

22 November

1996

Israel *

3 October

1991

2 November

1991

Italy * *

12 January

1989

February 11

1989

Japan

29 June

1999 A

July 29

1999

Jordan

13 November

1991 A

13 December

1991

Kazakhstan

26 August

1998 A

25 October

1998

Kenya

21 February

1997 A

23 March

1997

Kyrgyzstan

September 5

1997 A

5 October

1997

Kuwait *

8 March

1996 A

7 April

1996

Laos *

26 September

2012

26 October

2012

Lesotho

12 November

2001 If

12 December

2001

Latvia * *

April 14

1992 A

14 May

1992

Lebanon

5 October

2000

4 November

2000

Liberia

22 September

2004 A

22 October

2004

Libya

May 16

1989 A

15 June

1989

Liechtenstein

2 November

1990

2 December

1990

Lithuania

1 Er February

1996 A

2 March

1996

Luxembourg * **

29 September

1987

29 October

1987

Macedonia

12 December

1994 S

17 November

1991

Madagascar

13 December

2005

12 January

2006

Malawi

11 June

1996 A

July 11

1996

Maldives

20 April

2004 A

20 May

2004

Mali

26 February

1999 A

28 March

1999

Malta

13 September

1990 A

13 October

1990

Morocco *

21 June

1993

July 21

1993

Mauritius

9 December

1992 A

8 January

1993

Mauritania *

17 November

2004 A

17 December

2004

Mexico

23 January

1986

26 June

1987

Moldova

28 November

1995 A

28 December

1995

Monaco *

6 December

1991 A

5 January

1992

Mongolia

24 January

2002 A

23 February

2002

Montenegro

23 October

2006 S

3 June

2006

Mozambique

September 14

1999 A

14 October

1999

Namibia

28 November

1994 A

28 December

1994

Nauru

26 September

2012

26 October

2012

Nepal

14 May

1991 A

13 June

1991

Nicaragua

July 5

2005

August 4

2005

Niger

5 October

1998 A

4 November

1998

Nigeria

28 June

2001

28 July

2001

Norway * *

July 9

1986

26 June

1987

New Zealand *

10 December

1989

9 January

1990

Uganda

3 November

1986 A

26 June

1987

Uzbekistan

28 September

1995 A

28 October

1995

Pakistan *

23 June

2010

July 23

2010

Palestine

2 April

2014 A

2 May

2014

Panama *

August 24

1987

23 September

1987

Paraguay

12 March

1990

April 11

1990

Netherlands * **

21 December

1988

20 January

1989

Aruba

21 December

1988

20 January

1989

Curaçao

21 December

1988

20 January

1989

Caribbean (Bonaire, Sint Eustatius and Saba)

21 December

1988

20 January

1989

Sint Maarten

21 December

1988

20 January

1989

Peru

7 July

1988

August 6

1988

Philippines

18 June

1986 A

26 June

1987

Poland * *

26 July

1989

August 25

1989

Portugal * *

February 9

1989

March 11

1989

Qatar *

11 January

2000 A

10 February

2000

Dominican Republic

24 January

2012

23 February

2012

Czech Republic * *

22 February

1993 S

1 Er January

1993

Romania * *

18 December

1990 A

17 January

1991

United Kingdom * **

8 December

1988

7 January

1989

Anguilla

8 December

1988

7 January

1989

Bermuda

8 December

1992

8 December

1992

Gibraltar

8 December

1988

7 January

1989

Guernsey

8 December

1992

8 December

1992

Isle of Man

8 December

1988

8 December

1988

Cayman Islands

8 December

1988

7 January

1989

Falkland Islands

8 December

1988

7 January

1989

Pitcairn Islands (Ducie, Oeno, Henderson and Pitcairn)

8 December

1988

7 January

1989

Turks and Caicos Islands

8 December

1988

7 January

1989

British Virgin Islands

8 December

1988

7 January

1989

Jersey

8 December

1992

8 December

1992

Montserrat

8 December

1988

7 January

1989

St. Helena and Dependencies (Ascension and Tristan da Cunha)

8 December

1988

7 January

1989

Russia

3 March

1987

26 June

1987

Rwanda

15 December

2008 A

14 January

2009

San Marino

27 November

2006

27 December

2006

Holy See *

26 June

2002 A

26 July

2002

Saint Vincent and the Grenadines

1 Er August

2001 A

August 31

2001

Senegal

August 21

1986

26 June

1987

Serbia

12 March

2001 S

April 27

1992

Seychelles *

5 May

1992 A

4 June

1992

Sierra Leone

April 25

2001

25 May

2001

Slovakia * *

28 May

1993 S

1 Er January

1993

Slovenia

July 16

1993 A

August 15

1993

Somalia

24 January

1990 A

23 February

1990

Sri Lanka

3 January

1994 A

2 February

1994

Sweden * *

8 January

1986

26 June

1987

Switzerland * *

2 December

1986

26 June

1987

Swaziland

26 March

2004 A

April 25

2004

Syria *

19 August

2004 A

18 September

2004

Tajikistan

11 January

1995 A

10 February

1995

Chad

9 June

1995 A

July 9

1995

Thailand *

2 October

2007 A

1 Er November

2007

Timor-Leste

April 16

2003 A

May 16

2003

Togo *

18 November

1987

18 December

1987

Tunisia *

23 September

1988

23 October

1988

Turkmenistan

25 June

1999 A

July 25

1999

Turkey *

2 August

1988

1 Er September

1988

Ukraine

24 February

1987

26 June

1987

Uruguay

24 October

1986

26 June

1987

Vanuatu

July 12

2011 A

August 11

2011

Venezuela

July 29

1991

August 28

1991

Vietnam *

5 February

2015

7 March

2015

Yemen

5 November

1991 A

5 December

1991

Zambia

7 October

1998 A

6 November

1998

*
Reservations and declarations.
**
Objections.
Reservations, declarations and objections are not published in the RO, except for the reservations and declarations of Switzerland. The texts in English and French can be found at the United Nations Internet site: http://treaties.un.org or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne.
A
Dec 8. 1992 to 30 June 1997, the Convention was applicable to Hong Kong on the basis of a declaration of territorial extension of the United Kingdom. From 1 Er July 1997, Hong Kong became a Special Administrative Region (SAR) of the People's Republic of China. By virtue of the Chinese declaration of 6 June 1997, the Convention is also applicable to the Hong Kong SAR from 1 Er July 1997.
B
From 28 June 1999 to 19 Dec. 1999, the Convention was applicable to Macao on the basis of a declaration of territorial extension of Portugal. From Dec 20. 1999, Macao became a Special Administrative Region (SAR) of the People's Republic of China. By virtue of the Chinese declaration of Dec. 1999, the Convention is also applicable to the Macao SAR from 20 Dec. 1999.

C For the Kingdom in Europe.


States that have declared the competence of the Committee against Torture to be recognized, in accordance with art. 21 and 22 of the Convention

South Africa

Algeria

Germany

Andorra

Argentina

Australia

Austria

Azerbaijan

Belgium

Bolivia

Bosnia and Herzegovina

Brazil

Bulgaria

Burundi

Cameroon

Canada

Chile

Cyprus

Korea (South)

Costa Rica

Croatia

Denmark

Ecuador

Spain

United States

Finland

France

Georgia

Ghana

Greece

Guatemala

Guinea-Bissau

Hungary

Ireland

Iceland

Italy

Japan

Kazakhstan

Liechtenstein

Luxembourg

Malta

Morocco

Mexico

Moldova

Monaco

Montenegro

Norway

New Zealand

Uganda

Paraguay

Netherlands

Peru

Poland

Portugal

Czech Republic

United Kingdom
(recognizes jurisdiction only by art: 21)

Russia

Senegal

Serbia

Seychelles

Slovakia

Slovenia

Sweden

Switzerland 4

Togo

Tunisia

Turkey

Uruguay

Venezuela


RO 1987 1307; FF 1985 III 273


1 Art. 1 al. 1 of the 6 Oct FY. 1986 (RO 1987 1306)
2 RS 0.120
3 RO 1987 1321, 1988 567, 1989 280 2286, 1990 789, 1992 660, 1993 1901, 2004 2735, 2005 1907, 2006 2967, 2008 647, 2011 509,6529, 2012 5507, 2015 589. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).
4 Art. 1 al. 2 of the 6 Oct FY. 1986 (RO 1987 1306)


Status February 5, 2015