CAT/C/4/Rev.3
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B. General Legal Framework under which torture and other cruel,
inhuman or degrading treatment or punishment is prohibited
5.
In this section the Committee envisages receiving specific information related to the
implementation of the Convention to the extent that it is not covered by the core document, in
particular the following:
•
A brief reference to constitutional, criminal and administrative provisions regarding
the prohibition of torture and other cruel, inhuman or degrading treatment or
punishment;
•
International treaties dealing with torture and other cruel, inhuman or degrading
treatment or punishment to which the reporting State is a party;
•
The status of the Convention in the domestic legal order, i.e. with respect to the
Constitution and the ordinary legislation;
•
How domestic laws ensure the non-derogability of the prohibition of any cruel,
inhuman or degrading treatment or punishment;
•
Whether the provisions of the Convention can be invoked before and are directly
enforced by the courts or administrative authorities or whether they have to be
transformed into internal laws or administrative regulations to be enforced by the
authorities concerned. Should the latter be a requirement, the report should provide
information on the legislative act incorporating the Convention into the domestic
legal order;
•
Judicial, administrative or other competent authorities with jurisdiction/a mandate
covering matters dealt with in the Convention, such as the Constitutional Court, the
Supreme Court, the ordinary and military courts, the public prosecutors, disciplinary
bodies, administrative authorities in charge of police and prison administration,
national institutions for the promotion and protection of human rights, etc. Provide
an overview of the practical implementation of the Convention at the federal, central,
regional and local levels of the State, and indicate any factors and difficulties that
may affect the fulfilment of the obligations of the reporting State under the
Convention. The report should include specific information related to the
implementation of the Convention in such circumstances. Relevant documentation
collected by the authorities or other private or public institutions is welcome.
II. INFORMATION IN RELATION TO EACH SUBSTANTIVE
ARTICLE OF THE CONVENTION
6.
As a general rule the report should include, in connection with each article, the following
information:
•
The legislative, judicial, administrative or other measures giving effect to the
provisions;