Its main clauses and obligations for State Parties can be summarized as follows:

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Part I: Substantive Provisions (Articles 1-16)

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Article 1: Definition of Torture. This is a critical and widely-cited clause. It defines torture as "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." This definition does not include pain or suffering arising from lawful sanctions.

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Article 2: Prohibition of Torture. This article is the heart of the Convention. It establishes an absolute and non-derogable prohibition of torture. It explicitly states that "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." It also states that an order from a superior officer or a public authority may not be invoked as a justification for torture. States are required to take effective measures to prevent torture in any territory under their jurisdiction.

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Article 3: Non-refoulement. This is a key principle of the Convention, prohibiting the return, extradition, or refoulement of a person to another state where there are "substantial grounds for believing that he would be in danger of being subjected to torture." This obligation is absolute and is considered a cornerstone of international law protecting against torture.

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Article 4: Criminalization of Torture. States are obligated to ensure that all acts of torture are offenses under their criminal law. This includes attempts to commit torture and acts of complicity or participation in torture.

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Articles 5-9: Jurisdiction and Extradition. These clauses establish a system of universal jurisdiction for the crime of torture. They require States to take a person suspected of torture into custody and either extradite them to a state with jurisdiction or submit the case to their own authorities for prosecution (the principle of "aut dedere aut judicare" - "extradite or prosecute"). This ensures that alleged torturers cannot find safe haven.

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Articles 10-11: Training and Prevention. States must ensure that education and information regarding the prohibition against torture are fully included in the training of law enforcement personnel, medical personnel, and other public officials who may be involved in the custody or interrogation of individuals. They are also required to keep interrogation rules and methods under review to prevent torture.

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Articles 12-13: Investigation and Complaint. States must ensure a prompt and impartial investigation whenever there is reason to believe that an act of torture has been committed in any territory under its jurisdiction. Victims of torture must have the right to complain to and have their case promptly and impartially examined by competent authorities.

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Article 14: Redress and Compensation. This article provides for the right of victims of torture to obtain redress, including an "enforceable right to fair and adequate compensation" and the means for full rehabilitation.

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Article 15: Prohibition of Illegally Obtained Evidence. States are required to ensure that any statement made as a result of torture shall not be used as evidence in any legal proceedings, except in proceedings against the person accused of torture.

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Article 16: Other Ill-treatment. This clause extends the obligations of the Convention to prevent "other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture." While the definition is less specific than that of torture, the prohibition is just as binding.

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Part II: Monitoring and Implementation (Articles 17-24)

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These articles establish the Committee against Torture (CAT), a body of 10 independent experts responsible for monitoring the implementation of the Convention.

 

The Committee's functions include reviewing periodic reports from State Parties on their compliance, considering individual complaints against States that have accepted this procedure (Article 22), and initiating inquiries into credible allegations of systematic torture (Article 20).