What UN Convention against Torture 1984 Article 3 - Absolute Non-Refoulement to Torture and Committee Against Torture Communications requires
The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), adopted by UN General Assembly resolution 39/46 on 10 December 1984 and entered into force on 26 June 1987, is the principal international instrument prohibiting torture. Article 1 defines torture as any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for purposes such as obtaining information, punishment, intimidation or discrimination, by or with the consent or acquiescence of a public official. Article 3(1) establishes the absolute non-refoulement principle: no State Party shall expel, return (refouler) or extradite a person to another State where there are substantial grounds for believing they would be in danger of being subjected to torture. Unlike Refugee Convention Article 33 non-refoulement which contains national security and serious crime exceptions, Article 3 CAT is absolute and non-derogable even in time of war or public emergency under Article 2(2). Article 22 establishes individual communications procedure for States accepting that competence, allowing the Committee Against Torture (CAT Committee) to receive complaints. As of 2024, 174 States are Parties; 73 States have accepted Article 22 individual communications competence.
Pillar: Immigration & Border Control · Authority: Committee Against Torture (CAT Committee) - 10 independent experts elected by States Parties; UN Office of the High Commissioner for Human Rights (OHCHR) provides secretariat support; Subcommittee on Prevention of Torture (SPT) under OPCAT 2002 · Version: 1.0.0 · Last updated:
Primary source: https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-against-torture-and-other-cruel-inhuman-or-degrading
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Primary Citations — 7 traced to source
- Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by UN General Assembly resolution 39/46 of 10 December 1984, entered into force 26 June 1987; 1465 UNTS 85 - Article 1 definition of torture, Article 2 non-derogability, Article 3 absolute non-refoulement, Article 19 reporting, Article 22 individual communications
- Committee Against Torture, General Comment No. 4 (2017) on the implementation of Article 3 of the Convention in the context of Article 22 (UN Doc CAT/C/GC/4) - replaces General Comment No. 1 (1997); detailed guidance on personal risk assessment, diplomatic assurances, and procedural requirements
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