European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
| The European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment | |
|---|---|
| Signed | 26 November 1987 |
| Location | Strasbourg, France |
| Effective | 1 February 1989 |
| Parties | Council of Europe Member States |
| Languages | English, French |
The European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment was adopted by the member states of the Council of Europe, meeting at Strasbourg on 26 November 1987.[1] After the European Convention on Human Rights, the Convention for the Prevention of Torture is widely regarded as being one of the most important of the Council of Europe's treaties. The Convention marks a fresh and preventive approach in handling human rights violations.[2] It was subsequently amended by two Protocols. Additionally, the Committee for the Prevention of Torture was established to comply with the provisions of the convention.[1] This body is enabled to visit any place within the jurisdiction of the states' parties where people are deprived of their liberty in line with the articles of the convention.[1]
As of 2020, the convention has been ratified by all 47 of the Council of Europe's member states. Furthermore, the ratification of the convention has become a pre-condition for all states who have joined the Council of Europe in the last few years.[3]
History
[edit]Objective
[edit]At the time of its publishing, the convention was groundbreaking, as it was the first instrument capable of enforcing compliance with the obligations it created. Therefore, the objective was to create a document which would ensure adequate consequences are presented to those who do not abide by it.[2] Despite the existence of core publications such as the United Nations Charter or the Universal Declaration of Human Rights, these documents simply could not stop or remedy violations in a rigorous way. The key was thus to prevent torture altogether.[2]
Background
[edit]The origins of the Conventions date to a proposal by Jean-Jacques Gautier in 1976.[2] Gautier was the founder of the Swiss Committee against Torture. He was inspired by the International Committee of the Red Cross (ICRC), who conducted visits to places where prisoners of war were held. He suggested that the conditions of prisoners were improved. However, the ICRC (at the time) had the power to conduct such visits only in case of international armed conflict between states parties to the Geneva Conventions. Gautier thus proposed to extend this system of visits to include all other places where individuals are deprived of their liberty, such as prisons, police stations, psychiatric institutions and remand centres.[2] This proposal then formed the basis of a draft which would eventually become the International Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment.[2] The draft was submitted in April 1980 to be evaluated by the Commission on Human Rights, the body which would come to draft the UN Convention.[2]
Gautier's ideas were then taken by the Council of Europe to be realised, at least at the regional level. Eventually, in June 1983, a report was produced with a draft European Convention on the Protection of Detainees from Torture and from Cruel, Inhuman or Degrading Treatment or Punishment. The report was accepted by the Consultative Assembly in September 1983.[2] Several years of debate followed, including discussions regarding the views of the European Commission and Court of Human Rights. An agreed draft was finally concluded in June 1986, which was transmitted to the Committee of Ministers, who ultimately adopted it on 26 June 1987.[2] It was opened for signature on 26 November 1987. At the time, the convention was signed by all of the 21 member states of the Council of Europe.[2] As of 2020, it has been signed by all 47 member states of the council. It is also open for accession by non-member States.[3]
Actors
[edit]This section serves as an overview of the actors which actively contributed to creating the convention.
- Jean-Jacques Gautier, the person who came forward with the original proposal which would eventually lead to the adoption of the Convention[2]
- the Council of Europe[2][3]
- the Member States of the Council of Europe[3]
Convention Articles
[edit]Hereby is a selection of the most significant Articles of the Convention which outline the core values of the document.
Article 1
[edit]The primary and opening article of the Convention depicts the need for the establishment for a European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. For the remainder of the document, it is referred to as "the Committee".
"The Committee shall, by means of visits, examine the treatment of persons deprived of their liberty".[1] If deemed necessary, the committee is to strengthen their protection from torture.
Article 2
[edit]Article 2 emphasises that each Member State in accordance with the Convention shall permit visits to a place within its jurisdiction where people are deprived of their liberty. This is under the condition that the liberty is taken by a public authority.
"Each Party shall permit visits, in accordance with this Convention, to any place within its jurisdiction where persons are deprived of their liberty by a public authority"[1]
Article 8
[edit]Article 8 states that if in need of a particular visit, the committee is to notify the Government of the Member State concerned. Only after that can it visit any place as referred to in Article 2.
"The following facilities must be provided to the Committee to carry out the task:"
- "access to its territory and the right to travel without restriction"
- "full information regarding where those deprived of liberty are being held"
- "unlimited access to any place where persons are deprived of their liberty"
- "this includes the right to move inside such places without restriction"
- "any other relevant information deemed necessary for the Committee to carry out its task"
- "noting that when seeking this information, the Committee must abide by national laws and professional ethics"
- "the Committee may interview those deprived of liberty in private"
- "the Committee may communicate freely with any person whom it believed to supply relevant information"
- "If necessary, the Committee may immediately communicate observations to the competent authorities of the Party concerned"[1]
Article 10
[edit]"Each visit should be accompanied by a drawn up report by the Committee regarding the facts found during the visit".[1]
- "This should account for any observations which may have been submitted by the Party concerned. Any recommendations are to be transmitted to the Party. If necessary, the Committee is to suggest improvements in the protection of persons deprived of their liberty"[1]
"If the Party refuses to co-operate or improve the conditions of those deprived of their liberty, the Committee may decide to make a public statement on the matter".[1]
Article 11
[edit]"The information gathered by the Committee regarding its visits, report and consultations is to remain confidential."[1]
Only at the request of the Party concerned is the Committee allowed to publish the report.[1]
No personal data can be published without the consent of the person concerned.[1]
Article 18
[edit]The convention is open for signature by all member states of the Council of Europe. It is subject to ratification, acceptance or approval. Instruments of any of these actions are to be deposited with the Secretary General of the Council of Europe.[1]
Non-members states of the Council of Europe may be invited to accede to the convention by the Committee of Ministers of the Council of Europe.[1]
Convention Protocols
[edit]Protocol No. 1 (ETS No. 151)
[edit]The first Protocol was adopted 4 November 1993.[4] The Protocol "opens" the convention by providing that the Committee of Ministers of the Council of Europe may invite any non-member State to accede to it.[4] It is now an inherent characteristic to the convention, despite the fact that only member States are signatories as of May 2020.[3]
Protocol No. 2 (ETS No. 152)
[edit]Protocol No. 2 was adopted 4 November 1993[5] and introduced amendments of a technical nature. The committee is now provisioned to be placed in "one of two groups for election purposes".[5] This is to ensure that at least one half of the committee's members is renewed every two years. The Protocol also allows members of the committee to be re-elected twice, instead of only once.[5]
Member states participants
[edit]- Convention signed 2 October 1996[3]
- Convention ratified 2 October 1996[3]
- Convention entered into force 1 February 1997[3]
- Convention signed 10 September 1996[3]
- Convention ratified 1 January 1997[3]
- Convention entered into force 5 January 1997[3]
- Convention signed 11 May 2001[3]
- Convention ratified 18 June 2002[3]
- Convention entered into force 10 October 2002[3]
- Convention signed 26 November 1987[3]
- Convention ratified 6 January 1989[3]
- Convention entered into force 1 May 1989[3]
- Convention signed 21 December 2001[3]
- Convention ratified 15 April 2002[3]
- Convention entered into force 1 August 2002[3]
- However, Azerbaijan declares that it is "unable to guarantee the application of the provisions of the Convention" in territories occupied by the Republic of Armenia until those territories are liberated from that occupation[6]
- Convention signed 26 November 1987[3]
- Convention ratified 23 July 1991[3]
- Convention entered into force 1 November 1991[3]
- Convention signed 12 July 2002[3]
- Convention ratified 12 July 2002[3]
- Convention entered into force 1 November 2002[3]
- Convention signed 30 September 1993[3]
- Convention ratified 3 May 1994[3]
- Convention entered into force 1 September 1994[3]
- Convention signed 6 November 1996[3]
- Convention ratified 11 October 1997[3]
- Convention entered into force 1 February 1998[3]
- Convention signed 26 November 1987[3]
- Convention ratified 3 April 1989[3]
- Convention entered into force 1 August 1989[3]
- Convention signed 23 December 1992[3]
- Convention ratified 7 September 1995[3]
- Convention entered into force 1 January 1996[3]
- Convention signed 26 November 1987[3]
- Convention ratified 2 May 1989[3]
- Convention entered into force 1 September 1989[3]
- Convention signed 28 June 1996[3]
- Convention ratified 6 November 1996[3]
- Convention entered into force 1 March 1997[3]
- Convention signed 16 November 1989[3]
- Convention ratified 20 December 1990[3]
- Convention entered into force 1 April 1991[3]
- Convention signed 26 November 1987[3]
- Convention ratified 9 January 1989[3]
- Convention entered into force 1 May 1989[3]
- Convention signed 16 February 2000[3]
- Convention ratified 20 June 2000[3]
- Convention entered into force 1 October 2000[3]
- However, Georgia states it will "not be responsible for violations of the provisions of the Convention and the safety of the members of the Committee"[6]
- This applies solely to the territories of Abkhazia and the Tskhinvali region, until the territorial integrity of Georgia is fully restored and control over these territories is carried out by "legitimate authorities"[6]
- However, Georgia states it will "not be responsible for violations of the provisions of the Convention and the safety of the members of the Committee"[6]
- Convention signed 26 November 1987[3]
- Convention ratified 21 February 1990[3]
- Convention entered into force 1 June 1990[3]
- Convention signed 26 November 1987[3]
- Convention ratified 2 August 1991[3]
- Convention entered into force 1 December 1991[3]
- Convention signed 9 February 1993[3]
- Convention ratified 4 November 1993[3]
- Convention entered into force 1 March 1994[3]
- Convention signed 26 November 1987[3]
- Convention ratified 19 June 1990[3]
- Convention entered into force 1 October 1990[3]
- Convention signed 14 March 1988[3]
- Convention ratified 14 March 1999[3]
- Convention entered into force 1 February 1989[3]
- Convention signed 26 November 1987[3]
- Convention ratified 29 December 1988[3]
- Convention entered into force 1 April 1989[3]
- Italy declares that paragraph 2(a) of the Annex on Privileges and Immunities is not to be interpreted as "excluding any police or customs check of the luggage of the members of the Committee"[6]
- This is assuming that the check is carried out whilst complying with the rules on confidentiality as established in Article 11 of the Convention[6]
- Convention signed 11 September 1997[3]
- Convention ratified 10 February 1998[3]
- Convention entered into force 1 June 1998[3]
- Convention signed 26 November 1987[3]
- Convention ratified 12 September 1991[3]
- Convention entered into force 1 January 1992[3]
- Convention signed 14 September 1995[3]
- Convention ratified 26 November 1998[3]
- Convention entered into force 1 March 1999[3]
- Convention signed 26 November 1987[3]
- Convention ratified 6 September 1988[3]
- Convention entered into force February, 1989[3]
- Convention signed 26 November 1987[3]
- Convention ratified 7 March 1998[3]
- Convention entered into force 1 February 1989[3]
- Convention signed 5 May 1996[3]
- Convention ratified 2 October 1997[3]
- Convention entered into force 1 February 1998[3]
- Convention signed 30 November 2005[3]
- Convention ratified 30 November 2005[3]
- Convention entered into force 1 March 2006[3]
- Convention signed 3 March 2004[3]
- Convention ratified 3 March 2004[3]
- Convention entered into force 6 June 2006[3]
- Convention signed 26 November 1987[3]
- Convention ratified 12 October 1988[3]
- Convention entered into force 1 February 1989[3]
- The Kingdom of the Netherlands accepts said Convention, including with "Annex for the Kingdom in Europe, the Netherlands Antilles and Aruba"[6]
- Convention signed 14 June 1996[3]
- Convention ratified 6 June 1997[3]
- Convention entered into force 1 October 1997[3]
- Convention signed 26 November 1987[3]
- Convention ratified 21 April 1989[3]
- Convention entered into force 1 August 1989[3]
- Convention signed 11 July 1994[3]
- Convention ratified 10 October 1994[3]
- Convention entered into force 1 February 1995[3]
- Convention signed 26 November 1987[3]
- Convention ratified 29 March 1990[3]
- Convention entered into force 1 July 1990[3]
- Convention signed 4 November 1993[3]
- Convention ratified 4 October 1994[3]
- Convention entered into force 1 February 1995[3]
- Convention signed 28 February 1996[3]
- Convention ratified 5 May 1998[3]
- Convention entered into force 1 September 1998[3]
- Convention signed 16 November 1989[3]
- Convention ratified 31 January 1990[3]
- Convention entered into force 1 May 1990[3]
- Convention signed 3 March 2004[3]
- Convention ratified 3 March 2004[3]
- Convention entered into force 1 July 2004[3]
- Convention signed 23 December 1992[3]
- Convention ratified 11 May 1994[3]
- Convention entered into force 1 September 1994[3]
- Convention signed 4 November 1993[3]
- Convention ratified 2 February 1994[3]
- Convention entered into force 1 June 1994[3]
- Convention signed 26 November 1987[3]
- Convention ratified 2 May 1989[3]
- Convention entered into force 1 September 1989[3]
- Convention signed 26 November 1987[3]
- Convention ratified 21 June 1988[3]
- Convention entered into force 1 February 1989[3]
- Convention signed 26 November 1987[3]
- Convention ratified 7 October 1988[3]
- Convention entered into force 1 February 1989[3]
- Convention signed 11 January 1988[3]
- Convention ratified 26 February 1988[3]
- Convention entered into force 1 February 1989[3]
- Convention signed 2 May 1996[3]
- Convention ratified 5 May 1997[3]
- Convention entered into force 1 September 1997[3]
- Convention signed 26 November 1987[3]
- Convention ratified 24 June 1988[3]
- Convention is ratified in respect of the United Kingdom of Great Britain and Northern Ireland, the Bailiwick of Jersey and the Isle of Man[6]
- Convention entered into force 1 February 1989[3]
Non-member states participants
[edit]Currently, the list of signatories includes only the member states of the Council of Europe. It is open for signature to non-member states, however none have done so as of the year 2020.[3]
See also
[edit]- European Social Charter
- United Nations Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment
- Article 3 of the European Convention on Human Rights
- List of Council of Europe treaties
Further reading
[edit]References
[edit]- ^ a b c d e f g h i j k l m n Council of Europe (2002). "European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment". European Treaty Series - No. 126.
- ^ a b c d e f g h i j k l Cassese, Antonio (1989). "A New Approach to Human Rights: The European Convention for the Prevention of Torture". The American Journal of International Law. 83 (1): 128–153. doi:10.2307/2202800. JSTOR 2202800. S2CID 144580745.
- ^ a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac ad ae af ag ah ai aj ak al am an ao ap aq ar as at au av aw ax ay az ba bb bc bd be bf bg bh bi bj bk bl bm bn bo bp bq br bs bt bu bv bw bx by bz ca cb cc cd ce cf cg ch ci cj ck cl cm cn co cp cq cr cs ct cu cv cw cx cy cz da db dc dd de df dg dh di dj dk dl dm dn do dp dq dr ds dt du dv dw dx dy dz ea eb ec ed ee ef eg eh ei ej ek el em en eo ep eq "Chart of signatures and ratifications of Treaty 126". Council of Europe. 15 May 2020.
- ^ a b "Details of Treaty No. 151". Council of Europe. May 2020.
- ^ a b c "Details of Treaty No. 152". Council of Europe. May 2020.
- ^ a b c d e f g h "Reservations and Declarations for Treaty No.126 - European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment". Council of Europe. 15 May 2020.
- Council of Europe treaties
- Anti-torture treaties
- Human rights instruments
- Treaties concluded in 1987
- Treaties of Albania
- Treaties of Andorra
- Treaties of Armenia
- Treaties of Austria
- Treaties of Azerbaijan
- Treaties of Belgium
- Treaties of Bosnia and Herzegovina
- Treaties of Bulgaria
- Treaties of Croatia
- Treaties of Cyprus
- Treaties of the Czech Republic
- Treaties of Denmark
- Treaties of Estonia
- Treaties of Finland
- Treaties of France
- Treaties of Georgia (country)
- Treaties of West Germany
- Treaties of Greece
- Treaties of Hungary
- Treaties of Iceland
- Treaties of Ireland
- Treaties of Italy
- Treaties of Latvia
- Treaties of Liechtenstein
- Treaties of Lithuania
- Treaties of Luxembourg
- Treaties of Malta
- Treaties of Moldova
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- Treaties of Montenegro
- Treaties of the Netherlands
- Treaties of Norway
- Treaties of Poland
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- Treaties of Serbia and Montenegro
- Treaties of Slovakia
- Treaties of Slovenia
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- Treaties of Turkey
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- 1987 in France
- Treaties extended to the Faroe Islands
- Treaties extended to Greenland
- Treaties extended to Aruba
- Treaties extended to the Netherlands Antilles
- Treaties extended to Jersey
- Treaties extended to the Isle of Man
- Treaties extended to Gibraltar
- Treaties extended to Guernsey