UN Human Rights Treaties

A/39/708
Thirty-ninth session
Agenda item 99
TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT
Report of the Third Committee
Rapporteur:  Mr.   Grzegorz POLOWCZYK   (Poland)
I.      INTRODUCTION
1.    At  its 3rd plenary  meeting,  on 21  September  1984,   the General Assembly,  on the recommendation or  the General Committee,  decided to include  in the agenda of  its thirty-ninth  session the item entitled  "Torture and other cruel,   inhuman or degrading  treatment or punishment:     reports of  the  Secretary-General" and to allocate it to the Third Committee.
2.    The Third Committee considered the  item  jointly with   items 95,   96,   97  and 98 at  its 44th to 46th,  48th to 52nd,   56th and 60th meetings,  on  19  to 21,   23,
26 to 2 8 November and 3 and 5 December 1984.     An account of the Committee's discussion is contained in the relevant summary records   (A/C.3/39/SR.44-46, 48-52, 56 and 60).
3.    The Committee had before it the following documents:
(a)    Report of   the  Economic and  Social Council,   chapter V,   section A (A/39/3   (Part  I));   1/
(b)    Principles of Medical Ethics:     report of the Secretary-General   (A/39/480 and Add.1 and  2);
1/       To be issued as Official Records of  the General Assembly,  Thirty-ninth Session,   Supplement No.  3 (A/39/3).
84-32258     0199P (E)
 
 
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(c)    Torture and other cruel, inhuman or degrading treatment or punishment: report of  the  Secretary-General   (A/39/499 and Add..l and  2);
(d)    Draft Convention against Torture and Other Cruel,   Inhuman or  Degrading Treatment or Punishment:     note by  the Secretary-General   (A/39/506);
(e)    United Nations Voluntary  Fund for Victims of Torture;     report of the Secretary-General   (A/39/662) :
(f)    Note verbal dated 10 January  1984  from the Permanent Mission of  the Islamic Republic of  Iran to the United Nations addressed to the Secretary-General   (A/39/73) :
(g)    Letter dated 23 July 1984 from the Permanent Representative of  the Syrian Arab Republic to the United  Nations addressed to the Secretary-General, transmitting  the text of the letter dated 1 May 1984 from the Permanent Representative of  the Syrian Arab  Republic to the  United Nations addressed to the President of the Security Council   (A/39/360).
4.    At the 44th meeting, on 19 November,   the Assistant Secretary-General for Human
Rights made an introductory statement.
II.      CONSIDERATION OF PROPOSALS A.     Draft resolution A/C.3/39/L.40
5.    At the 56th meeting, on 3 December, the representative of the Netherlands introduced a draft resolution (A/C.3/39/L.40) entitled "Convention against torture and other cruel, inhuman or degrading treatment or punishment". sponsored by Argentina, Bolivia, Colombia, Costa Rica, Denmark, the Dominican Republic, Finland the Gambia, Greece, the Netherlands, Norway, Samoa, Spain and Sweden, as well as Belgium, Iceland, Panama, Portugal and Singapore, subsequently joined by Australia, Austria,   France and  the  United  Kingdom of  Great Britain and  Northern  Ireland.
6.    A statement by the Secretary-General on the programme budget implications of the draft resolution was circulated in document A/C.3/39/L.62.
7.    At  the same meeting,  the representative of the Union of Soviet Socialist Republics  introduced amendments to the draft resolution   (A/C.3/39/L.63  and 64), which read as follows:
"Article 1, paragraph 1
"Delete 'severe' before   'pain or suffering'.
"Delete   'based on discrimination of any kind'.
"Delete the second sentence:     'It does not include pain or suffering arising only from,   inherent in or incidental to lawful sanctions.î
 
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"Article 4, paragraph 1
"Add 'irrespective of the reasons, purposes and motives for which they were committed' after 'all acts of torture'."
8.    At the same meeting, the representative of the Byelorussian Soviet Socialist
Republic introduced amendments to the draft resolution (A/C.3/39/L.66 and L.67),
which read:
"Article 18. paragraph 2 (b)
"Replace 'a majority vote' by 'consensus'.
"1. In annex, after article 27, insert new article 28 as follows:
Article 28
1.    Each State may, at the time of signature or ratification of this Convention or accession thereto, declare that it does not recognize the competence of the Committee provided for in article 20.
2.    Any State Party having made a reservation in accordance with the preceding paragraph may, at any time, withdraw this reservation by notification to the Secretary-General of the United Nations.
"2.     Renumber subsequent articles accordingly."
9.    At the same meeting, the representative of the Ukrainian Soviet Socialist
Republic introduced amendments to the draft resolution  (A/C.3/39/L.49 and L.50)
sponsored by Afghanistan,  Bulgaria, Czechoslovakia,  the German Democratic Republic,
Hungary,  Mongolia,  Poland,  the Ukrainian Soviet Socialist Republic,  the Union of
Soviet Socialist Republics and Viet Nam,  which read:
"Article 19
(a)    In the 1st sentence of paragraph 3 insert the word 'general before the word 'comments': and delete the words 'or suggestions on the report'.
(b)    In the 1st sentence of paragraph 4 delete the words 'or suggestions'.
"Article 20
In paragraph 1 after the words 'in the territory of a State Party' insert the following words:  'which has  made a declaration in accordance With article 21, paragraph 1, and article 22, paragraph 1'."
10.    At the 60th meeting, on 5 December, the representative or the Netherlands, on
behalf of the sponsors and following consultations, taking into account the
amendments proposed by the representative of the Ukrainian Soviet Socialist
Republic (A/C.3/39/L.49), orally revised article 19 of the annex by deleting the
 
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words "or suggestions" in the first sentence of paragraphs 3 and 4.  At a later stage and following further consultations, the representative of the Netherlands further orally revised paragraph 3 of the same article by inserting the word "generalîbefore the words "comments on the report".
11. At the same meeting, the representative of the Netherlands, on behalf of the sponsors, orally revised article 20 of the annex, as follows:
(a)    In paragraph 1, the word "reliable" was inserted before the word "information";the word "well-founded "was substituted for the word "reliable" before the word "indications"; the words "to co-operate in the examination of the information and to this end toî were added after the words "the Committee shall invite that State Party";
(b)    In paragraph 5, the words "at all stages of the proceedings the co-operation of the State Party shall be sought" were added after the words "All the proceedings of the Committee referred to in paragraphs 1-4 shall be confidential,";and the words "after consultations with the State Party concerned" were substituted for the words "at its discretion".

12.    At the same meeting, the representative of the Netherlands, on behalf of the sponsors, accepted the amendment proposed by the representative of the Byelorussian Soviet Socialist Republic (A/C./39/L.66), which called for the insertion of a new article after article 27.
13.    At the same meeting, the representatives of the Union of Soviet Socialist Republics, the Ukrainian Soviet Socialist Republic and the Byelorussian Soviet Socialist Republic withdrew their amendments in documents A/C.3/39/L.50, L.63, L.64 and L.67, respectively.
14.    At the same meeting, the Committee adopted draft resolution A/C./39/L.40, as revised, without a vote {see para.18).
B. Draft resolutions A/C.3/39/L.68 and Rev.l
15. At the 56th meeting, on 3 December, the representative of the Islamic Republic of Iran introduced a draft resolution (A/C.3/39/L.68) entitled "Torture and other cruel, inhuman or degrading treatment or punishment", which read as follows:
"The General Assembly,
"Recalling resolution 3452 (XXX) of 9 December 1975 entitled "Declaration on the protection of all persons from being subjected to torture and other cruel, inhuman or degrading treatment or punishment", the preambular  part of which states that in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
 
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page 5
"Reaffirming the importance of the Declaration on the protection of all persons from being subjected to torture and other cruel, inhuman or degrading treatment or punishment,
"Bearing in mind article 2 of the above-mentioned Declaration stating that any act of torture or other cruel, inhuman or degrading treatment or punishment is an offence to human dignity and shall be condemned,
"Recalling also articles 3 and 7 of the same Declaration conveying that (a) no State may permit or tolerate torture or other cruel, inhuman or degrading treatment or punishment, and that (b) each State shall ensure that acts of torture or acts, which constitute participation or complicity in, are offences under its criminal law,
"Recognizing that new techniques and machinery for torture are even more detrimental to the fate of the individual and of the society as a whole,
"1. Condemns all acts of torture;
"2. Finds the export of all means or torture, as well as their development, production or storage a deplorable act, which is contrary to the cause of achieving human dignity and must come to an end;
"3. Requests all States to prohibit the export and/or import of means of torture, enforce a ban on their development and production and destroy all such materials under their control."
16.    at the 66th meeting, on 7 December, the Committee had before it a revised text
of the draft resolution (A/C.3/39/L.68/Rev.l). in which operative paragraph 3 was
reworded to reads
"Requests all States to prohibit the export and/or import of means and devices especially designed for torture, enforce a ban on their development and production, and destroy all such materials under their control".
17.    at the same meeting, the representative of the Islamic Republic of Iran stated
that his delegation did not wish to press draft resolution A/C.3/39/L.68/Rev.l to a
vote.
 
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III.      RECOMMENDATION OF THE THIRD COMMITTEE
18.     The third Committee recommends to the General Assembly the adoption of the following draft resolutions
DRAFT RESOLUTION
Convention against Torture and Other Cruel,   Inhuman or Degrading Treatment or Punishment
The General Assembly,
Recalling  the Declaration on the Protection of All Persons from Being Subjected to Torture or Other Cruel,   Inhuman or Degrading Treatment or Punishment, adopted by the General Assembly  in its resolution 3452   (XXX)   of 9 December  1975,
Recalling also its resolution 32/62 of 8 December  19 77,   in which  it requested the Commission on Human Rights to draw up a draft convention against torture and other cruel,  inhuman or degrading treatment or punishment,  in the light of the principles embodied in the Declaration,
Recalling further that, in its resolution 38/119 of 16 December 1983,   it requested the Commission on Human Rights to complete, at its fortieth session, as a matter of highest priority, the drafting of such a convention, with a view to submitting a draft,  including provisions for  the effective implementation of the future convention,  to the General Assembly at its thirty-ninth session,
Noting with satisfaction Commission on Human Rights 2/ resolution 1984/21,  by which the Commission transmitted the text of a draft convention against torture and other cruel,  inhuman or degrading treatment or punishment, contained in the report of  the working group,  3/ to the General Assembly for its consideration,
Desirous of achieving a more effective implementation of the existing prohibition under international and national law of the practice of torture and other cruel,   inhuman or degrading treatment or punishment,
1.       Expresses its appreciation for  the work achieved by  the Commission on Human Rights in preparing the text of a draft convention against torture and other cruel,  inhuman or degrading  treatment or punishment;
2/       bee Official Records of the Economic and Social Council,   1984,   Supplement No,   4   (E/1984/14), chap.  II,sect. A.
3/       E/CN.4/1984/72.
 
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2.    Adopts and opens for signature,  ratification ana accession the Convention against Torture and Other Cruel,  Inhuman or Degrading Treatment or Punishment contained in the annex to the present resolution;
3.    Calls upon all Governments to consider signing and ratifying the Convention as a matter of priority.
ANNEX
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
The States Parties to this Convention,
Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, 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 those rights derive from the inherent dignity of the human person,
Considering the obligation of states under the Charter, in particular Article 55, to promote universal respect for, and observance of, human rights and fundamental freedoms,
Having regard to article 5 of the Universal Declaration of Human Rights 4/ and article 7 of the International Covenant on Civil and Political Rights, 5/ both of which provide that no one may be subjected to torture or to cruel, inhuman or degrading treatment or punishment,
Having regard also to the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the General Assembly on 9 December 1975, 6/
Desiring to make more effective the struggle against torture and other cruel, inhuman or degrading treatment or punishment throughout the world,
Have agreed as follows:
4/ Resolution 217 A (III) .
5/   Resolution 2200 A (XXI)  annex.
6/  Resolution 3452 (XXX), annex.
 
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Part I
Article 1
1.    For the purposes of this Convention, torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.  It does not include pain or suttering arising only from, inherent in or incidental to lawful sanctions.
2.    This article is without prejudice to any international instrument or national legislation which does or may contain provisions of wider application.
Article 2
1.    Bach State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.
2.    No 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.
3.    An order from a superior officer or a public authority may not be invoked as a justification of torture.
Article 3
1.    No State Party shall expel, return ("refouler") or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.
2.    For the purpose of determining whether there are such grounds, the competent authorities shall take into account all relevant considerations including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights.
Article 4
1. Each State Party shall ensure that all acts of torture are offences under its criminal law. The same shall apply to an attempt to commit torture and to an act by any person which constitutes complicity or participation in torture.
 
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2.  Each State Party shall make these offences punishable by appropriate penalties which take into account their grave nature.
Article 5
1.    Each State Party shall take such measures as may be necessary to
establish its jurisdiction over the offences rererred to in article 4 in the
following cases:
(a)    when the offences are conmitted in any territory under its jurisdiction or on board a ship or aircraft registered in that State;
(b)    when the alleged of tender is a national of that State;
(c)    When the victim is a national or that State it that State considers it appropriate.

2.    Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over such offences in cases where the alleged offender is present in any territory under its jurisdiction and it does not extradite him pursuant to article 8 to any of the States mentioned in paragraph 1 of this article.
3.    This Convention does not exclude any criminal jurisdiction exercised in accordance with internal law.
Article 6
1.    Upon being satisfied, after an examination of information available to it, that the circumstances so warrant, any State Party in whose territory a person alleged to have committed any offence referred to in article 4 is present shall take him into custody or take other legal measures to ensure his presence.  The custody and other legal measures shall be as provided in the law of that State but may be continued only for such time as is necessary to enable any criminal or extradition proceedings to be instituted.
2.    Such State shall immediately make a preliminary inquiry into the tacts.
3.    Any person in custody pursuant to paragraph 1 of this article shall be assisted in communicating immediately with the nearest appropriate representative of the State of which he is a national, or, if he is a stateless person, to the representative of the State where he usually resides.
4.    When a State, pursuant to this article, has taken a person into custody, it shall immediately notify the States reterred to in article 5, paragraph 1, of the tact that such person is in custody and of the circumstances which warrant his detention.  The State which makes the preliminary inquiry contemplated in paragraph 2 of this article shall promptly report its findings to the said States and shall indicate whether it intends to exercise jurisdiction.
 
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Article 7
1.    The state Party in the territory under whose Jurisdiction a person alleged to have committed any offence referred to in article 4 is found shall in the cases contemplated in article 5, if it does not extradite him, submit the case to its competent authorities for the purpose of prosecution.
2.    These authorities shall taKe their decision in the same manner as in the case of any ordinary offence of a serious nature under the law of that State. In the cases referred to in article 5, paragraph 2, the standards of evidence required for prosecution and conviction shall in no way be less stringent than those which apply in the cases referred to in article 5, paragraph 1.
3.    Any person regarding whom proceedings are brought in connection with 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 deemed to be included as extraditable offences in any extradition treaty existing between States Parties.  States Parties undertake to include such offences as extraditable offences in every extradition treaty to be concluded between them.
2.    If a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, it may consider this Convention as the legal basis for extradition in respect of such offences.  Extradition shall be subject to the other conditions provided by the law of the requested State.
3.    States Parties which do not make extradition conditional on the existence of a treaty shall recognize such offences as extraditable offences between themselves subject to the conditions provided by the law of the requested State.
4.    Such offences shall be treated, tor the purpose of extradition between States Parties, as it they had been committee not only in the place in which they occurred but also in the territories of the States required to establish their jurisdiction in accordance with article 5, paragraph 1.
Article 9
1.    States Parties shall afford one another the greatest measure of assistance in connection with criminal proceedings brought in respect of any of the offences referred to in article 4, including the supply of all evidence at their disposal necessary for the proceedings.
2.    States Parties shall carry out their obligations under paragraph 1 of this article in conrormity with any treaties on mutual judicial assistance that may exist between them.
 
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Article 10
1.    Each State Party snail ensure that education and infrmation regarding the prohibition against torture are fully included in the training of law enforcement personnel, civil or military, medical personnel, public officials and other persons who may be involved in the custody, interrogation or treatment of any individual subjected to any form of arrest, detention or imprisonment.
2.    Each State Party shall include this prohibition in the rules or instructions issued in regard to the duties and functions of any such persons.
Article 11
Each State Party shall keep under systematic review interrogation rules, instructions, methods and practices as well as arrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment in any territory under its jurisdiction, with a view to preventing any cases of torture.
Article 12
Each State Party shall ensure that its competent authorities proceed to a prompt and impartial investigation, wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction.
Article 13
Each State Party shall ensure that any individual who alleges he has been subjected to torture in any territory under its jurisdiction has the right to camplain to and to have his case promptly and impartially examined by its conpetent authorities.  Steps shall be taken to ensure that the complainant and witnesses are protected against all ill-treatment or intimidation as a consequence of his complaint or any evidence given.
Article 14
1.    Each State Party shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible.  In the event of the death of the victim as a result of an act of torture, his dependants shall be entitled to compensation.
2.    Nothing in this article shall affect any right of the victim or other persons to compensation which may exist under national law.
 
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Article 15
Each State Party shall ensure that any statement which is established to have been made as a result or torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made.
Article 16
1.    Each State Party shall undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in article 1, when such acts are committed by or at the instigation or or with the consent or acquiescence of a public official or other person acting in an official capacity.  In particular, the obligations contained in articles 10, 11, 12 and 13 shall apply with the substitution tor references to torture of references to other forms of cruel, inhuman or degrading treatment or punishment.
2.    The provisions of this Convention are without prejudice to the provisions of any other international instrument or national law which prohibits cruel, inhuman or degrading treatment or punishment or which relates to extradition or expulsion.
Part II Article 17
1.    There shall be established a Committee against Torture (hereinafter referred to as the Committee) which shall carry out the functions hereinatter provided.  The Committee shall consist of ten experts of high moral standing and recognized competence in the field of human rights, who shall serve in their personal capacity.  The experts shall be elected by the States Parties, consideration being given to equitable geographical distribution and to the usefulness of the participation of some persons having legal experience.
2.    The members of the Committee shall be elected by secret ballot from a list of persons nominated by States Parties.  Each state Party may nominate one person from among its own nationals.  States Parties shall bear in mind the usefulness of nominating persons who are also members of the Human Rights Committee establishea under the International Covenant on Civil and Political Rights and are willing to serve on the Committee against Torture.
3.    Elections of the members of the Committee shall be held at biennial meetings of States Parties convened by the Secretary-General of the United Nations.  At those meetings, tor which two thirds of the States Parties shall constitute a quorum, the persons elected to the Committee shall be those who obtain the largest number of votes and an absolute majority of the votes of the representatives of States Parties present and voting.
 
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4.    The initial election shall be held no later than six months after the date of the entry into force of this Convention.  At least four months before the date of each election, the Secretary-General of the United Nations shall address a letter to the states Parties inviting them to suamit their nominations within three months.  The Secretary-General shall prepare a list in alphabetical order of all persons thus nominated, indicating the States Parties which have nominated them, and shall submit it to the States Parties.
5.    The members of the Committee shall be elected for a term of four years. They shall be eligible for re-election it renominated. However, the term of five of the members elected at the first election shall expire at the end of two years; immediately after the first election the names of these five members shall be chosen by lot by the chairman of the meeting referred to in paragraph 3.
6.    If a member of the Committee dies or resigns or for any other cause can no longer perform his Committee duties, the State Party which nominated him shall appoint another expert from among its nationals to serve for the remainder of his term, subject to the approval of the ma3ority of the States Parties.  The approval shall be considered given unless half or more of the States Parties respond negatively within six weeks after having been informed by the Secretary-General of the United Nations of the proposed appointment.
7.    States Parties shall be responsible for the expenses of the members of the Committee while they are in performance of Committee duties.
Article 18
1.    The Committee shall elect its officers to a term of two years.  They may be re-electead.
2.    The Committee shall establish its own rules or procedure, but these rules shall provide, inter alia, that:

(a)    Six members shall constitute a quorum*,
(b)    Decisions of the Committee shall be made by a majority vote of the members present.

3.    The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance or the functions of the Committee under this Convention.
4.    The Secretary-General of the United Nations shall convene the initial meeting of the Committee.  After its initial meeting, the Committee shall meet at such times as shall be provided in its rules of procedure.
 
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5.  The States Parties shall be responsible for expenses incurred in connection with the holding of meetings of the States Parties and of the Committee, including reimbursement to the United Nations for any expenses, such as the cost of start and facilities, incurred by the United Nations pursuant to paragraph 3 above.
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 undertakings under this Convention, within one year after the entry into force of this Convention for the state Party concerned.  Thereafter the States Parties shall submit supplementary reports every four years on any new measures taken and such other reports as the Committee may request.
2.    The Secretary-General shall transmit the reports to all States Parties.
3.    Each report shall be considered by the Committee which may make such general comments on the report as it may consider appropriate and shall forward these to the State Party concerned.  That State Party may respond with any observations it chooses to the Committee.
4.    The Committee may, at its discretion, decide to include any comments made by it in accordance with paragraph 3, together with the observations thereon received from the State Party concerned, in its annual report made in accordance with article 24.  It so requested by the State Party concerned, the Committee may also inclvae a copy of the report submitted under paragraph 1.
Article 20
1.    If the Committee receives reliable information which appears to it to contain well-founded indications that torture is being systematically practised in the territory of a State Party, the Committee shall invite that State Party to co-operate i. the examination of the information and to this end to submit observations with regard to the information concerned.
2.    Taking into account any observations which may have been submitted by the State Party concerned, as well as any other relevant information available to it, the Committee may, if it decides that this is warranted, designate one or more of its members to make a confidential inquiry and to report to the Committee urgentlyï
3.    It an inquiry is made in accordance with paragraph 2, the Committee shall seek the co-operation of the State Party concerned.  In agreement with that State Party, such an inquiry may include a visit to its territory.
 
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4.    After examining the findings of its member or members submitted in accordance with paragraph 2, the Committee shall transmit these findings to the State Party concerned together with any comments or suggestions which seem appropriate in view of the situation.
5.    All the proceedings of the Committee referred to in paragraphs 1 to 4 shall be confidential, and at all stages of. the proceedings the co-operation of the State Party shall be sought.  After such proceedings have been completed with regard to an inquiry made in accordance with paragraph 2, the Committee may, after consultations with the State Party concerned, decide to include a summary account of the results of the proceedings in its annual report made in accordance with article 24.
Article 21
1.   A State Party to this Convention may at any time declare under this article that it recognizes the competence of the Committee to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under this Convention.  Such communications may be received and considered according to the procedures laid down in this article only if submitted by a State Party which has made a declaration recognizing in regard to itself the competence of the Committee. No communication shall be dealt with by the Committee under this article if it concerns a State Party which has not made such a declaration.  Communications received under this article shall be dealt with in accordance with the following procedure:
(a)    It a State Party considers that another State Party is not giving effect to the provisions of this Convention, it may, by written communication, bring the matter to the attention of that State Party. Within three months after the receipt of the communication the receiving state shall afford the State which sent the communication an explanation or any other statement in writing clarifying the matter, which should induce, to the extent possible and pertinent, reference to domestic procedures and remedies taken, pending or available in the matter:
(b)    It the matter is not adjusted to the satisfaction of both States Parties concerned within six months after the receipt by the receiving State of the initial communication, either State shall have the right to refer the matter to the Committee, by notice given to the Committee and to the other State:
(c)    The Committee shall deal with a matter referred to it under this article only after it has ascertained that all domestic remedies have been invoked and exhausted in the matter, in conformity with the generally recognized principles of. International law.  This shall not be the rule where the application of the remedies is unreasonably prolonged or is unlikely to bring effective relief to the person who is the victim of the violation of this Convention;
 
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(d)  The Committee shall hold closed meetings when examining communications under this article:
(e)    Subject to the provisions of subparagraph (c) , the Committee shall make available its good offices to the States Parties concerned with a view to a friendly solution of the matter on the basis of respect for the obligations provided for in the present Convention.  For this purpose, the Committee may, when appropriate, set up an ad hoc conciliation commission;
(f)    In any matter referred to it under this article, the Committee may call upon the States Parties concerned, referred to in subparagraph (b), to supply any relevant information;
(g)    The States Parties concerned, referred to in subparagraph (b), shall have the right to be represented when the matter is being considered by the Committee and to make submissions orally and/or in writing;
(h)  The Committee shall, within twelve months after the date of receipt of notice under subparagraph (b), submit a report:
(i)  It a solution within the terms of subparagraph (e) is reached, the Committee shall conrine its report to a briet statement of the facts and of the solution reached;
(ii)  It a solution within the terms of subparagraph (e) is not reached,the Committee shall confine its report to a brief statement of the facts; the written submissions and record of the oral submissions made by the States Parties concerned shall be attached to the report.
In every matter, the report shall be communicated to the States Parties concerned.
2.  The provisons of this article shall come into force when five States Parties to this Convention have made declarations under paragraph 1 of this article.  Such declarations shall be deposited by the States Parties 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 notification to the Secretary- General.  Such a withdrawal shall not prejudice the consideration of any matter which is the subject of a communication already transmitted under this article; no further communication by any State Party shall be received under this article after the notification of withdrawal of the declaration has been received by the Secretary-General, unless the State Party concerned has made a new declaration.
Article 22
1.  A State Party to this Convention may at any time declare under this article that it recognizes the competence of the Committee to receive and consider communications from or on behalf of individuals subject to its
 
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jurisdiction who claim to be victims of a violation by a State Party of the provisions of the Convention.  no communication shall be received by the Committee if it concerns a State Party to the Convention which has not made such a declaration.
2.    The Committee shall consider inadmissible any communication under this article which is anonymous or which it considers to be an abuse of the right of submission of 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 communications submitted to it under this article to the attention of the State Party to this Convention which has made a declaration under paragraph 1 and is alleged to be violating any provisions of the Convention.  Within six months, the receiving State shall submit to the Committee written explanations or statements clarifying the matter and the remedy, if any, that may have been taken by that State.
4.    The Committee shall consider communications received under this article in the light of all information made available to it by or on behalf of the individual and by the State Party concerned.
5.    The Committee shall not consider any communications from an individual
under this article unless it has ascertained that:
(a)    The same matter has not been, and is not being, examined under another procedure of international investigation or settlement;
(b)    The individual has exhausted all available domestic remedies; this shall not be the rule where the application of the remedies is unreasonably prolonged or is unlikely to bring effective relief to the person who is the victim of the violation of this Convention.

6.    The Committee shall hold closed meetings when examining communications under this article.
7.    The Committee shall forward its views to the State Party concerned and to the individual.
8.    The provisions of this article shall come into force when five States Parties to this Convention have made declarations under paragraph 1 of this article.  Such declarations shall be deposited by the States Parties 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 notification to the Secretary- General.  such a withdrawal shall not prejudice the consideration of any matter which is the subject of a communication already transmitted under this article;no further communication by or on behalf of an individual shall be received under this article after the notification of withdrawal of the declaration has been received by the Secretary-General, unless the state Party has made a new declaration.
 
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Article 23
The members of the Committee and of the ad hoc conciliation commissions which may be appointed under article 21, paragraph 1 (e) , shall be entitled to the facilities, privileges and immunities of experts on mission for the United Nations as laid down in the relevant sections of the Convention on the Privileges and Immunities of the United Nations. 7/
Article 24
The Committee shall submit an annual report on its activities under this Convention to the States Parties and to the General Assembly of the United Nations.
Part III Article 25
1.    This Convention is 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.
Article 26
This Convention is open to accession by all states.  Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.
Article 27
1.    This Convention shall enter into force on the thirtieth day after the date of the deposit with the Secretary-General of the United Nations of the twentieth instrument of ratification or accession.
2.    For each State ratifying this Convention or acceding to it 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 of its own instrument of ratification or accession.
7/  Resolution 22 A (I).
 
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Article 28
1.    Each State may, at the time of signature or ratification of this Convention or accession thereto, declare that it does not recognize the competence of the Committee provided for in article 20.
2.    Any state Party having made a reservation in accordance with   the preceding paragraph may, at any time, withdraw this reservation by notification to the Secretary-General or the United Nations.
Article 29
1.    Any State Party to this Convention may propose an amendment and file it with the Secretary-General of the United Nations.  The Secretary-General shall thereupon communicate the proposed amendment to the states Parties to this Convention with a request that they notify him whether they favour a conference of States Parties for the purpose of considering and voting upon the proposal.  In the event that within four months from the date of such communication at least one third or the States Parties favours such a conference, the Secretary-General shall convene 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 shall be submitted by the Secretary-General to all the States Parties tor acceptance.
2.    An amendment adopted in accordance with paragraph 1 shall enter into force when two thirds of the States Parties to this Convention have notified the Secretary-General of the United Nations that they have accepted it in accordance with their respective constitutional processes.
3.    when amendments enter into force, they shall be binding on those States Parties which have accepted them, other States Parties still being bound by the provisions of this Convention and any earlier amendments which they have accepted.
Article 3 0
1.    Any dispute between two or more States Parties concerning the interpretation or application of this Convention which cannot be settled through negotiation shall, at the request or one of them, be submitted to arbitration.  It within six months from the date of the request for arbitration the Parties are unable to agree on the organization of the arbitration, any one of those Parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.
2.    Each State may, at the time of signature or ratification of this Convention or accession thereto, declare that it does not consider itself bound by the preceding paragraph.  The other States Parties shall not be bound
 
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by the preceding paragraph with respect to any State Party having made such a reservation.
3.  Any state Party having made a reservation in accordance with the preceding paragraph may at any time withdraw this reservation by notification to the Secretary-General of the United Nations.
Article 31
1.    A State Party may denounce this Convention by written notification to the Secretary-General or the United Nations.  Denunciation becomes eftective one year after the date of receipt of the notification by the Secretary-General.
2.    Such a denunciation shall not have the effect of releasing the State Party from its obligations under this Convention in regard to any act or omission which occurs prior to the date at which the denunciation becomes effective, nor shall denunciation prejudice in any way the continued consideration of any matter which is already under consideration by the Committee prior to the date at which the denunciation becomes effective.
3.    Following the date at which the denunciation of a State Party becomes effective, the Committee shall not commence consideration of any new matter regarding that state.
Article 32
The Secretary-General of the United Nations shall inform all members of the United Nations and all States which have signed this Convention or acceaed to it or the following particulars:
(a)    Signatures, ratifications and accessions under articles 25 and 26;
(b)    The date of entry into force of this Convention under article 27 and the date of the entry into force of any amendments under article 29;
(c)    Denunciations under article 31.
Article 33
1.    This Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations.
2.    The Secretary-General of the United Nations shall transmit certified copies of this Convention to all States.
 
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Thirty-ninth session Agenda item 99
TORTURE AND OTHER CRUEL INHUMAN OR DEGRADING TREATMENT
OR PUNISHMENT
Report of the Third Committee
Rapporteur:  Mr. Grzegorz POLOWCZYK (Poland)

Paragraph 5;
After Greece add Italy and after the Netherlands add New Zealand.
85-00545 1104r (E)