9.

NL Naomi López Delgado

Human Rights

Convention against Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment

Article 1. Four elements or torture: 1. Severe pain or suffer

2. Intentionally inflicted
3. Has a purpose
4. Perpetrated by State agents (Obligation to protect)

Article 2. P.1. Take measures

P.2. No exception
P.3. No justification of torture by a superior of justice

Article 3. No extradition when in danger of torture

P.2. Take into account if there are patterns of human rights violations

Article 4. P.1. Make sure all acts of torture are considered offences
P.2. State must adopt

Article 5. P.1. Jurisdiction over the offences perpetrated

a) In any territory of the State
b) When the offender is a national
c) When the victim is a national
P.2. Measures to establish jurisdiction
P.3. Convention doesn’t exclude internal law

Article 6. P.1. State party should take person into custody only for a necessary
period of time to enable any criminal or extradition proceedings
P.2. Preliminary inquiry
P.3. Right to be assisted by a representative of the State
P.4. State must notify that such person is in custody

Article 7. State should submit the case to a competent authority

P.2. Same criteria as an ordinary offence
P.3. Fair treatment
Article 8. Extradition rules

Article 9. State shall provide the greatest judicial assistance possible in cases
connected to torture
Article 10. Training programs against torture for authorities

Article 11. Systematic reviews of rules, methods, practices, etc.

Article 12. Prompt and impartial investigation

Article 13. All allegation of torture shall be investigated

Article 14. Right to receive an adequate compensation

Article 15. Any statement resulting from torture should not be invoked

Article 16. State should prevent acts of torture

 International Convention for the Protection of All Persons
from Enforced Disappearance

Article 1. P.2. No exceptional circumstances to invoke as justification for enforced

disappearance.
Article 2. Elements of enforced disappearance
1. Deprivation of liberty
2. Perpetrated by State Agents
3. Refusal to acknowledge the deprivation of liberty
Article 3. Investigate those acts that are perpetrated
Article 4. Establish enforced disappearance under criminal law
Article 5. The widespread or systematic practice of enforced disappearance
constitutes a crime against humanity
Article 6. P.1. a) Investigate any person who’s part of the crime
b) Superior responsible
I. Who knew
II. Responsibility over activities which were concerned with the crime
III. Failed to take preventive measures
P.2. Non invocate a superior order to justify enforced disappearance
Article 7. Adopt appropriate penalties
P.2. a) Mitigating circumstances for contribution
b) Aggravating circumstances for death or disappeared minors, pregnant women or
vulnerable persons.
Article 8. P.1. Term of limitations for criminal proceedings
a) Proportional to the seriousness of the offence
b) Take into account its continuous nature
P.2. Right of the victims to an effective remedy
Article 9. P.1. Jurisdiction of enforced disappearance
a) Territory
b) National offender
c) National victim (When the State considers appropriate)
P.2. Necessary measures to exercise the jurisdiction
P.3. Relation with national law
Article 10. P.1. (Similar to article 6 of C.A.T.)
Ensure the presence of the presumpt participation in enforced disappearance
Article 11. Competent authorities for the prosecution (Similar to article 7 of C.A.T.)
Article 12. (Protection for witnesses, relatives) P.1. Every allegation of enforced
disappearance shall be investigated
P.2. Investigation even if there’s no formal complaint
P.3. Power resources for an effective investigation
P.4. Prevent and sanction actions that hinder the investigation
Article 13. Extradition rules
Article 14. Mutual legal assistance between States on Criminal Proceedings
Article 15. Mutual legal assistance for the support of the victims. Searching,
location and releasing. Or if death, exhuming, identifying and returning.
Article 16. No expel, return, surrender or extradition if in danger of being danger
subject of enforced disappearance
P.2. Take into account the pattern of mass violations
Article 17. P.1. No one should be held in secret detention
P.2. a) Conditions of deprivation of liberty
b) Authorities authorized to order deprivation of liberty
c) Supervised places and official recognition of deprivation of liberty
d) Communication by their family or counsel or any person of his choice by the
competent authorities
e) Access to the supervised places
f) Entitlement of the persons with the legitimate interest to take proceeding before a
court
P.3. Registers and records of the people under liberty deprivation
a) Identity
b) Day, time and place where the person was deprived
Identity of the authority who deprived
c) Authority that ordered the deprivation
d) Authority responsible of supervision
e) The place of the deprivation. Time of admission
f) State of health
g) In death, the circumstances and the cause
h) The date and time of release of transfer
Article 18. Information that must be given to persons who have legitimate interest
(Related to article 17)
P.2. Protection of those who asked for information
Article 19. Protection of the medical and genetic data of the disappeared person
Article 20. Only where a person is under the protection of the law and the deprivation
of liberty is subject to judicial control may the right to information referred to in article
18 be restricted
Article 21. Adopt measures to ensure the exercise fully their rights at the time of
their release
Article 22. Necessary measures to prevent and impose sanctions for the following
conduct
a) Delay of remedies
b) Failure to record the deprivation of liberty
c) Refusal to give information
Article 23. Training to prevent enforced disappearance
P.2. Prohibition of authorization of enforced disappearance/guarantee protection of
those who refuse to obey enforced disappearance orders7
P.3. Report conducts that may lead to enforced disappearance
Article 24. P.1. Victim means the disappeared person
P.2. Victim has the right to know the truth
P.3. Appropriate measures to locate and release disappeared person. Return the
remains (death)
P.4. Obtain reparation
P.5 Forms of reparation
Article 25. Prevent and punish the wrongful removal of children
b) Falsification of documents
-Special measures to protect children