Implementation of article 2 by States parties 2008, para. 17

Paragraph
Paragraph text
The Committee observes that States parties are obligated to adopt effective measures to prevent public authorities and other persons acting in an official capacity from directly committing, instigating, inciting, encouraging, acquiescing in or otherwise participating or being complicit in acts of torture as defined in the Convention. Thus, States parties should adopt effective measures to prevent such authorities or others acting in an official capacity or under colour of law, from consenting to or acquiescing in any acts of torture. The Committee has concluded that States parties are in violation of the Convention when they fail to fulfil these obligations. For example, where detention centres are privately owned or run, the Committee considers that personnel are acting in an official capacity on account of their responsibility for carrying out the State function without derogation of the obligation of State officials to monitor and take all effective measures to prevent torture and ill-treatment.
Legal status
Non-negotiated soft law
Body
Committee against Torture
Document type
General Comment / Recommendation
Means of adoption
N.A.
Topic(s)
  • Civil & Political Rights
  • Governance & Rule of Law
Person(s) affected
  • Persons on the move
Year
2008
Paragraph type
Other
Reference
CAT General Comment No. 2, Implementation of article 2 by States parties (2008), para. 17.
Paragraph number
17