Article 7: Torture or cruel, inhuman or degrading treatment or punishment - replaced by GC No. 20 1982, para. 1

Paragraph
Paragraph text
In examining the reports of States parties, members of the Committee have often asked for further information under article 7 which prohibits, in the first place, torture or cruel, inhuman or degrading treatment or punishment. The Committee recalls that even in situations of public emergency such as are envisaged by article 4 (1) this provision is non-derogable under article 4 (2). Its purpose is to protect the integrity and dignity of the individual. The Committee notes that it is not sufficient for the implementation of this article to prohibit such treatment or punishment or to make it a crime. Most States have penal provisions which are applicable to cases of torture or similar practices. Because such cases nevertheless occur, it follows from article 7, read together with article 2 of the Covenant, that States must ensure an effective protection through some machinery of control. Complaints about ill-treatment must be investigated effectively by competent authorities. Those found guilty must be held responsible, and the alleged victims must themselves have effective remedies at their disposal, including the right to obtain compensation. Among the safeguards which may make control effective are provisions against detention incommunicado, granting, without prejudice to the investigation, persons such as doctors, lawyers and family members access to the detainees; provisions requiring that detainees should be held in places that are publicly recognized and that their names and places of detention should be entered in a central register available to persons concerned, such as relatives; provisions making confessions or other evidence obtained through torture or other treatment contrary to article 7 inadmissible in court; and measures of training and instruction of law enforcement officials not to apply such treatment.
Legal status
Non-negotiated soft law
Body
Human Rights Committee
Document type
General Comment / Recommendation
Means of adoption
N.A.
Topic(s)
  • Civil & Political Rights
  • Governance & Rule of Law
  • Humanitarian
Person(s) affected
  • All
  • Families
Year
1982
Paragraph type
Other
Reference
CCPR General Comment No. 7, Article 7: Torture or cruel, inhuman or degrading treatment or punishment - replaced by GC No. 20 (1982), para. 1.
Paragraph number
1