A/HRC/34/54
these efforts with reports on certain thematic focus areas relevant to the mandate, some of
which are outlined below.
17.
In carrying out his mandate, the Special Rapporteur will always endeavour to engage
in an open, respectful and constructive dialogue with States and other international,
regional and non-governmental stakeholders and aim to gain a consolidated understanding
of all relevant perspectives, concerns and challenges before drawing any conclusions or
trying to identify the most suitable manner of action.
IV. Thematic priorities
A.
Reaffirmation, clarification, promotion and development of normative
standards
1.
Reaffirming the absolute nature of the prohibition of torture and other cruel,
inhuman or degrading treatment or punishment
18.
The absolute prohibition of torture and other cruel, inhuman or degrading treatment
or punishment is a core principle of international law. The legal framework around this
subject matter is one of the most developed in international human rights law, and the
particular atrocity of torture is reflected in the distinct position its prohibition takes in
international law. Acts of torture and other ill-treatment are not only prohibited as a matter
of universal and regional treaty law, but the prohibition is also a norm of customary
international law and is considered to have the rare status of a peremptory norm of
international law (jus cogens).
19.
The prohibition of torture is absolute and non-derogable, meaning that “no
exceptional circumstances whatsoever, whether a state of war or a threat of war, internal
political instability or any other public emergency, may be invoked as a justification of
torture”.2 The prohibition of torture must not be limited or balanced against any other right
or concern, and States are not permitted to derogate from their obligations even in times of
emergency or armed conflict (see A/HRC/13/39/Add.5, paras. 41-42). Likewise, the
prohibition of cruel, inhuman or degrading treatment or punishment is considered to be
non-derogable and, therefore, must be observed in all circumstances.3 The gravity of torture
also finds expression in the attendant obligations on States to adopt effective legislative,
administrative, judicial and/or other measures to prevent acts of torture or other illtreatment in any territory under their jurisdiction, 4 the obligation to criminalize acts of
torture,5 and the customary international law obligation to investigate, prosecute and punish
all acts of torture and other ill-treatment as codified, inter alia, in the Convention. 6
20.
While the legal framework around torture is uniquely developed, the Special
Rapporteur is of the view that certain terms relating to the prohibition of torture that are
relied upon require reaffirmation and clarification. For example, while the Convention
expressly defines torture in its article 1 (1), no such definition exists of “other cruel,
2
3
4
5
6
6
Convention against Torture, art. 2 (2).
Committee against Torture, general comment No. 2 (2008) on the implementation of article 2, paras.
3 and 6.
Convention against Torture, arts. 2 (1) and 16. See also Human Rights Committee, general comment
No. 20 (1992) on the prohibition of torture or other cruel, inhuman or degrading treatment or
punishment, para. 8.
Convention against Torture, art. 4.
Ibid., art. 12.
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