UN Convention Against Torture (UNCAT) 1984

Summary

UNCAT establishes an absolute prohibition on torture and requires states to criminalise it, investigate allegations, and extradite or prosecute perpetrators (aut dedere aut judicare). Article 3 prohibits return of any person to a state where there are substantial grounds to believe they face torture. The Committee Against Torture (CAT) monitors implementation and can receive individual complaints.

Relevance to the diaspora

UNCAT Art. 3 is the primary basis on which Tamil asylum seekers challenge deportation from any UNCAT state party to Sri Lanka; CAT has issued interim measures (Art. 22) preventing removal of Tamil individuals; Tamil diaspora documentation of systematic torture of Tamil detainees in Sri Lanka supports these claims.

Key provisions

• Art. 1 — definition of torture
• Art. 2 — obligation to prevent torture
• Art. 3 — non-refoulement to risk of torture (absolute)
• Art. 4 — criminalisation of torture
• Art. 5(2) — universal jurisdiction over torture
• Art. 22 — individual complaint mechanism

Primary source

Related entries

• → ECHR Article 3 — Prohibition of Torture (Non-Refoulement) (ECHR)
• → Prevention of Terrorism (Temporary Provisions) Act 1979 (Sri Lanka) (LK)
• → Convention Relating to the Status of Refugees 1951 and Protocol 1967 (UN)