The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) was adopted by the UN General Assembly on 10 December 1984 and entered into force in 1987.
Definition of Torture
Article 1 defines torture as any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for purposes such as obtaining information or a confession, punishment, intimidation or coercion, or for any reason based on discrimination, when inflicted by or with the consent or acquiescence of a public official or other person acting in an official capacity. Pain arising only from lawful sanctions is excluded.
An Absolute Prohibition
Article 2(2) provides that no exceptional circumstances whatsoever, whether a state of war, internal political instability or any other public emergency, may be invoked as a justification of torture. An order from a superior officer is not a justification either.
Key Obligations
States must take effective measures to prevent torture in any territory under their jurisdiction; must not expel, return (refouler) or extradite a person to a state where there are substantial grounds for believing the person would be in danger of being tortured (Article 3); must make torture a criminal offence with appropriate penalties (Article 4); must ensure prompt and impartial investigation of complaints (Articles 12 and 13); must provide redress and compensation to victims (Article 14); and must ensure that statements obtained by torture are not invoked as evidence (Article 15).
Monitoring
The Committee against Torture reviews state reports. An Optional Protocol of 2002 establishes a system of visits to places of detention.
In Indonesia
Indonesia ratified the Convention by Law No. 5 of 1998. Its standards are relevant to police investigations and the treatment of detainees, to the exclusion of coerced confessions in criminal trials, and to the work of Komnas HAM and other institutions that monitor places of detention.