CAT/C/4/Rev.3
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•
Concrete cases and situations where measures giving effect to the provisions have
been enforced, including any relevant statistical data;
•
Cases or situations of violation of the Convention, the reasons for such violations and
the measures taken to remedy the situation. It is important for the Committee to
obtain a clear picture not only of the legal situation, but also of the de facto situation.
Article 1
7.
This article contains the definition of torture for the purposes of the Convention. Under
this provision the report should include:
•
Information on the definition of torture in domestic law, including indications as to
whether such a definition is in full conformity with the definition of the Convention;
•
In the absence of a definition of torture in domestic law in conformity with the
Convention, information on criminal or legislative provisions that cover all cases of
torture;
•
Information on any international instruments or national legislation that contains or
may contain provisions of wider application.
Article 2, paragraph 1
8.
This provision introduces the obligation of the States parties to take effective measures to
prevent acts of torture. The report should contain information on:
•
Pertinent information on effective measures taken to prevent all acts of torture,
inter alia with respect to: duration of police custody; incommunicado detention; rules
governing the rights of arrested persons to a lawyer, a medical examination, contact
with their family, etc.; emergency or anti-terrorist legislation that could restrict the
guarantees of the detained person.
9.
The Committee would welcome an assessment by the reporting State of the effectiveness
of the measures taken to prevent torture, including measures to ensure that those responsible are
brought to justice.
Article 2, paragraph 2
10.
The report should contain information on effective measures to ensure that no
exceptional circumstances are invoked, in particular:
•
Whether legal and administrative measures exist to guarantee that the right not to be
tortured is not subject to derogation during a state of war, a threat of war, internal
political instability or any other public emergency.