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Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
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concerne
[
Global Index
]
ARTICLE-3
[
go to this ARTICLE
]
... 2. For the
purpose
of
determining
whether there are such grounds, the
competent authorities
shall take into
account
all
relevant
considerations
including
, where applicable, the existence in the
State
concerned
of a consistent
pattern
of
gross
, flagrant or mass violations of
human rights
. ...
ARTICLE-19
[
go to this ARTICLE
]
... 1. The
States Parties
shall submit to the
Committee
, through the
Secretary-General of the United Nations
,
reports
on the
measures
they have taken to give
effect
to their undertakings under this
Convention
, within one
year
after the
entry into force
of the
Convention
for the
State Party
concerned
. Thereafter the
States Parties
shall submit
supplementary
reports
every four
years
on any new
measures
taken and such other
reports
as the
Committee
may
request
. ...
... 3. Each
report
shall be considered by the
Committee
which may make such
general
comments on the
report
as it may consider appropriate and shall forward these to the
State Party
concerned
. That
State Party
may respond with any
observations
it chooses to the
Committee
. ...
... 4. The
Committee
may, at its
discretion
,
decide
to
include
any comments made by it in
accordance
with paragraph 3 of this
article
, together with the
observations
thereon
received
from the
State Party
concerned
, in its
annual report
made in
accordance
with
article
24
. If so requested by the
State Party
concerned
, the
Committee
may also
include
a
copy
of the
report
submitted under paragraph 1 of this
article
. ...
... 4. The
Committee
may, at its
discretion
,
decide
to
include
any comments made by it in
accordance
with paragraph 3 of this
article
, together with the
observations
thereon
received
from the
State Party
concerned
, in its
annual report
made in
accordance
with
article
24
. If so requested by the
State Party
concerned
, the
Committee
may also
include
a
copy
of the
report
submitted under paragraph 1 of this
article
. ...
ARTICLE-20
[
go to this ARTICLE
]
... 1. If the
Committee
receives reliable
information
which appears to it to contain well-founded indications that
torture
is being
systematically
practised in the
territory
of a
State Party
, the
Committee
shall invite that
State Party
to
co-operate
in the
examination
of the
information
and to this end to submit
observations
with
regard
to the
information
concerned
. ...
... 2. Taking into
account
any
observations
which may have been submitted by the
State Party
concerned
, as well as any other
relevant
information
available to it, the
Committee
may, if it
decides
that this is warranted,
designate
one or more of its
members
to make a
confidential
inquiry
and to
report
to the
Committee
urgently. ...
... 3. If an
inquiry
is made in
accordance
with paragraph 2 of this
article
, the
Committee
shall
seek
the
co-operation
of the
State Party
concerned
. In
agreement
with that
State Party
, such an
inquiry
may
include
a
visit
to its
territory
. ...
... 4. After examining the findings of its
member
or
members
submitted in
accordance
with paragraph 2 of this
article
, the
Commission
shall transmit these findings to the
State Party
concerned
together with any comments or suggestions which seem appropriate in
view
of the
situation
. ...
... 5. All the
proceedings
of the
Committee
referred to in paragraphs 1 to 4 of this
article
shall be
confidential
, and at all stages of the
proceedings
the
co-operation
of the
State Party
shall be sought. After such
proceedings
have been completed with
regard
to an
inquiry
made in
accordance
with paragraph 2, the
Committee
may, after
consultations
with the
State Party
concerned
,
decide
to
include
a
summary
account
of the results of the
proceedings
in its
annual report
made in
accordance
with
article
24
. ...
ARTICLE-21
[
go to this ARTICLE
]
... 1. A
State Party
to this
Convention
may at any
time
declare
under this
article
that it recognizes the
competence
of the
Committee
to
receive
and consider communications to the
effect
that a
State Party
claims
that another
State Party
is not fulfilling its
obligations
under this
Convention
. Such communications may be
received
and considered according to the
procedures
laid down in this
article
only if submitted by a
State Party
which has made a
declaration
recognizing in
regard
to itself the
competence
of the
Committee
. No
communication
shall be dealt with by the
Committee
under this
article
if it
concerns
a
State Party
which has not made such a
declaration
. Communications
received
under this
article
shall be dealt with in
accordance
with the following
procedure
; ...
... (b) If the matter is not adjusted to the satisfaction of both
States Parties
concerned
within six
months
after the
receipt
by the
receiving State
of the
initial
communication
, either
State
shall have the
right
to refer the matter to the
Committee
, by
notice
given to the
Committee
and to the other
State
; ...
... (e)
Subject
to the
provisions
of subparagraph (c), the
Committee
shall make available its good
offices
to the
States Parties
concerned
with a
view
to a
friendly
solution
of the matter on the basis of
respect
for the
obligations
provided for in this
Convention
. For this
purpose
, the
Committee
may, when appropriate, set up an
ad hoc
conciliation commission
; ...
... (f) In any matter referred to it under this
article
, the
Committee
may call upon the
States Parties
concerned
, referred to in subparagraph (b), to
supply
any
relevant
information
; ...
... (g) The
States Parties
concerned
, referred to in subparagraph (b), shall have the
right
to be represented when the matter is being considered by the
Committee
and to make submissions
orally
and/or in
writing
; ...
... (ii) If a
solution
within the
terms
of subparagraph (e) is not reached, the
Committee
shall confine its
report
to a brief
statement
of the
facts
; the
written
submissions and
record
of the
oral
submissions made by the
States Parties
concerned
shall be attached to the
report
. ...
... In every matter, the
report
shall be
communicated
to the
States Parties
concerned
. ...
... 2. The
provisions
of this
article
shall come into
force
when five
States Parties
to this
Convention
have made
declarations
under paragraph 1 of this
article
. Such
declarations
shall be
deposited
by the
States Parties
with the
Secretary-General of the United Nations
, who shall transmit
copies
thereof to the other
States Parties
. A
declaration
may be withdrawn at any
time
by
notification
to the
Secretary-General
. Such a
withdrawal
shall not
prejudice
the
consideration
of any matter which is the
subject
of a
communication
already transmitted under this
article
; no further
communication
by any
State Party
shall be
received
under this
article
after the
notification
of
withdrawal
of the
declaration
has been
received
by the
Secretary-General
, unless the
State Party
concerned
has made a new
declaration
. ...
ARTICLE-22
[
go to this ARTICLE
]
... 1. A
State Party
to this
Convention
may at any
time
declare
under this
article
that it recognizes the
competence
of the
Committee
to
receive
and consider communications from or on behalf of
individuals
subject
to its
jurisdiction
who
claim
to be
victims
of a
violation
by a
State Party
of the
provisions
of the
Convention
. No
communication
shall be
received
by the
Committee
if it
concerns
a
State Party
which has not made such a
declaration
. ...
... 4. The
Committee
shall consider communications
received
under this
article
in the
light
of all
information
made available to it by or on behalf of the
individual
and by the
State Party
concerned
. ...
... 7. The
Committee
shall forward its
views
to the
State Party
concerned
and to the
individual
. ...
ARTICLE-30
[
go to this ARTICLE
]
... 1. Any
dispute
between two or more
States Parties
concerning
the
interpretation
or
application
of this
Convention
which cannot be settled through
negotiation
shall, at the
request
of one of them, be submitted to
arbitration
. If within six
months
from thc
date
of the
request
for
arbitration
the
Parties
are
unable
to
agree
on the
organization
of the
arbitration
, any one of those
Parties
may refer the
dispute
to the
International Court of Justice
by
request
in
conformity
with the
Statute of the Court
. ...
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