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• Convention for the Protection of Human Rights and Fundamental Freedoms
(European Convention on Human Rights) (1950), art. 3
• American Convention on Human Rights (1969), art. 5 (2)
• African Charter on Human and Peoples’ Rights (1981), art. 5
• Inter-American Convention to Prevent and Punish Torture (1985)
• European Convention for the Prevention of Torture and Inhuman or Degrading
Treatment or Punishment (1987)
• African Charter on the Rights and Welfare of the Child (1990), arts. 16 and 17
• Charter of Fundamental Rights of the European Union (2000), arts. 4 and 19
• Protocol to the African Charter on Human and Peoples’ Rights on the Rights of
Women in Africa (2003), arts. 3, 4 and 5
• Arab Charter on Human Rights (2004), art. 8
• African Union Convention for the Protection and Assistance of Internally
Displaced Persons in Africa (2009), art. 9 (c)
• Council of Europe Convention on Preventing and Combating Violence against
Women and Domestic Violence (2011), art. 61 (2)
• Association of Southeast Asian Nations (ASEAN) Human Rights Declaration
(2012), art. 14
• Cairo Declaration of the Organization of Islamic Cooperation on Human Rights
(2021), art. 4
45. Arguably, the prohibition against torture is the most regulated fundamental r ight
under international law, supported further by an impressive array of soft law
standards. 37
46. In summary, as part of their international obligations to prohibit, prevent, punish
and remedy acts of torture and ill-treatment, States are called upon:
(a) To take effective legislative, administrative, judicial or other measures to
prevent torture and other ill-treatment;
(b) To protect persons against expulsion, refoulement or extradition of any
individual where there are substantial grounds for belie ving that the person would be
subjected to torture or ill-treatment;
(c) To create and prosecute offences of torture under domestic law, including
legislating for universal jurisdiction and extraterritorial application of domestic laws
to cover illegal actions of law enforcement, military and other service personnel
operating abroad;
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Global soft law standards include the Code of Conduct for Law Enforcement Officials (1979), the
Principles of Medical Ethics relevant to the Role of Health Personnel, particularly Physicians, in
the Protection of Prisoners and Detainees against Torture and Other Cruel, In human or Degrading
Treatment or Punishment (1982), the Body of Principles for the Protection of All Persons under
Any Form of Detention or Imprisonment (1988), the Basic Principles on the Use of Force and
Firearms by Law Enforcement Officials (1990), Guidelines on the Role of Prosecutors (1990), the
Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (Istanbul Protocol) (2000), the revised United Nations
Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) (2015) and
the revised Istanbul Protocol: Manual on the Effective Investigation and Documentation of Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (2022).
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