15 August 2015
The use of torture and cruel, inhuman and degrading treatment (CIDT) is considered to be one of the most flagrant violations of human rights and international humanitarian law, and one that threatens life and human dignity. International law prohibits the use of torture and CIDT. Both the Universal Declaration of Human Rights (1948) and the International Covenant on Civil and Political Rights (1966) state that “[n]o one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”.[1] Additionally, the 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment does not allow for the use of torture or CIDT under any circumstances, explicitly stating that “[n]o 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”.[2] This includes situations of conflict and occupation. The Convention against Torture provides the internationally-agreed legal definition of torture and further details of how and when certain practices may constitute torture.
[1] Art. 5 of the Universal Declaration of Human Rights, Art. 7 of International Covenant on Civil and Political Rights
[2] Art. 2(2) of the Convention against Torture
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