For your education, I provide the UN Convention Against Torture.

I’m at a loss to know how anyone could argue with this.

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CONVENTION AGAINST TORTURE

and Other Cruel, Inhuman or Degrading

Treatment or Punishment

The States Parties to this
Convention,

Considering that, in accordance with the principles proclaimed in
the Charter of the United Nations, recognition of the equal and
inalienable rights of all members of the human family is the
foundation of freedom, justice and peace in the world,

Recognizing that those rights derive from the inherent dignity of
the human person,

Considering the obligation of States under the Charter, in
particular Article 55, to promote universal respect for, and
observance of, human rights and fundamental freedoms,

Having regard to article 5 of the Universal Declaration of Human
Rights and article 7 of the International Covenant on Civil and
Political Rights, both of which provide that no one may be
subjected to torture or to cruel, inhuman or degrading treatment
or punishment,

Having regard also to the Declaration on the Protection of All
Persons from Being Subjected to Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment, adopted by the General
Assembly on 9 December 1975 (resolution 3452 (XXX)),

Desiring to make more effective the struggle against torture and
other cruel, inhuman or degrading treatment or punishment
throughout the world,

Have agreed as follows:

Part I

Article 1

1. For the purposes of this Convention,
   torture means any act by which severe pain or suffering, whether
   physical or mental, is intentionally inflicted on a person for
   such purposes as obtaining from him or a third person
   information or a confession, punishing him for an act he or a
   third person has committed or is suspected of having committed,
   or intimidating or coercing him or a third person, or for any
   reason based on discrimination of any kind, when such pain or
   suffering is inflicted by or at the instigation of or with the
   consent or acquiescence of a public official or other person
   acting in an official capacity. It does not include pain or
   suffering arising only from, inherent in or incidental to lawful
   sanctions.

2. This article is without prejudice to
   any international instrument or national legislation which does
   or may contain provisions of wider application.

Article 2

1. Each State Party shall take effective
   legislative, administrative, judicial or other measures to prevent
   acts of torture in any territory under its jurisdiction.

2. No exceptional circumstances
   whatsoever, whether a state of war or a threat or war, internal
   political instability or any other public emergency, may be
   invoked as a justification of torture.

3. An order from a superior officer or a
   public authority may not be invoked as a justification of
   torture.

Article 3

1. No State Party shall expel, return
   (“refouler”) or extradite a person to another State where there
   are substantial grounds for believing that he would be in danger
   of being subjected to torture.

2. For the purpose of determining
   whether there are such grounds, the competent authorities shall
   take into account all relevant considerations including, where
   applicable, the existence in the State concerned of a consistent
   pattern of gross, flagrant or mass violations of human
   rights.

Article 4

1. Each State Party shall ensure that
   all acts of torture are offences under its criminal law. The
   same shall apply to an attempt to commit torture and to an act
   by any person which constitutes complicity or participation in
   torture.

2. Each State Party shall make these
   offences punishable by appropriate penalties which take into
   account their grave nature.

Article 5

1. Each State Party shall take such
   measures as may be necessary to establish its jurisdiction over
   the offences referred to in article 4 in the following cases:

   1. When the offences are committed in
      any territory under its jurisdiction or on board a ship or
      aircraft registered in that State;

   2. When the alleged offender is a
      national of that State;

   3. When the victim was a national of
      that State if that State considers it appropriate.

2. Each State Party shall likewise take
   such measures as may be necessary to establish its jurisdiction
   over such offences in cases where the alleged offender is
   present in any territory under its jurisdiction and it does not
   extradite him pursuant to article 8 to any of the States
   mentioned in Paragraph 1 of this article.

3. This Convention does not exclude any
   criminal jurisdiction exercised in accordance with internal
   law.

Article 6

1. Upon being satisfied, after an
   examination of information available to it, that the
   circumstances so warrant, any State Party in whose territory a
   person alleged to have committed any offence referred to in
   article 4 is present, shall take him into custody or take other
   legal measures to ensure his presence. The custody and other
   legal measures shall be as provided in the law of that State but
   may be continued only for such time as is necessary to enable
   any criminal or extradition proceedings to be instituted.

2. Such State shall immediately make a
   preliminary inquiry into the facts.

3. Any person in custody pursuant to
   paragraph 1 of this article shall be assisted in communicating
   immediately with the nearest appropriate representative of the
   State of which he is a national, or, if he is a stateless
   person, to the representative of the State where he usually
   resides.

4. When a State, pursuant to this
   article, has taken a person into custody, it shall immediately
   notify the States referred to in article 5, paragraph 1, of the
   fact that such person is in custody and of the circumstances
   which warrant his detention. The State which makes the
   preliminary inquiry contemplated in paragraph 2 of this article
   shall promptly report its findings to the said State and shall
   indicate whether it intends to exercise jurisdiction.

Article 7

1. The State Party in territory under
   whose jurisdiction a person alleged to have committed any
   offence referred to in article 4 is found, shall in the cases
   contemplated in article 5, if it does not extradite him, submit
   the case to its competent authorities for the purpose of
   prosecution.

2. These authorities shall take their
   decision in the same manner as in the case of any ordinary
   offence of a serious nature under the law of that State. In the
   cases referred to in article 5, paragraph 2, the standards of
   evidence required for prosecution and conviction shall in no way
   be less stringent than those which apply in the cases referred
   to in article 5, paragraph 1.

3. Any person regarding whom proceedings
   are brought in connection with any of the offences referred to
   in article 4 shall be guaranteed fair treatment at all stages of
   the proceedings.

Article 8

1. The offences referred to in article 4
   shall be deemed to be included as extraditable offences in any
   extradition treaty existing between States Parties. States
   Parties undertake to include such offences as extraditable
   offences in every extradition treaty to be concluded between
   them.

2. If a State Party which makes
   extradition conditional on the existence of a treaty receives a
   request for extradition from another State Party with which it
   has no extradition treaty, it may consider this Convention as
   the legal basis for extradition in respect of such offenses.
   Extradition shall be subject to the other conditions provided by
   the law of the requested State.

3. States Parties which do not make
   extradition conditional on the existence of a treaty shall
   recognize such offences as extraditable offences between
   themselves subject to the conditions provided by the law of the
   requested state.

4. Such offences shall be treated, for
   the purpose of extradition between States Parties, as if they
   had been committed not only in the place in which they occurred
   but also in the territories of the States required to establish
   their jurisdiction in accordance with article 5, paragraph 1.
   

Article 9

1. States Parties shall afford one
   another the greatest measure of assistance in connection with
   civil proceedings brought in respect of any of the offences
   referred to in article 4, including the supply of all evidence
   at their disposal necessary for the proceedings.

2. States Parties shall carry out their
   obligations under paragraph 1 of this article in conformity with
   any treaties on mutual judicial assistance that may exist
   between them.

Article 10

1. Each State Party shall ensure that
   education and information regarding the prohibition against
   torture are fully included in the training of law enforcement
   personnel, civil or military, medical personnel, public
   officials and other persons who may be involved in the custody,
   interrogation or treatment of any individual subjected to any
   form of arrest, detention or imprisonment.

2. Each State Party shall include this
   prohibition in the rules or instructions issued in regard to the
   duties and functions of any such persons.

Article 11

Each State Party shall keep under systematic review interrogation
rules, instructions, methods and practices as well as arrangements
for the custody and treatment of persons subjected to any form of
arrest, detention or imprisonment in any territory under its
jurisdiction, with a view to preventing any cases of torture.

Article 12

Each State Party shall ensure that its competent authorities
proceed to a prompt and impartial investigation, wherever there
is reasonable ground to believe that an act of torture has been
committee in any territory under its jurisdiction.

Article 13

Each State Party shall ensure that any individual who alleges he
has been subjected to torture in any territory under its
jurisdiction has the right to complain to and to have his case
promptly and impartially examined its competent authorities.
Steps shall be taken to ensure that the complainant and
witnesses are protected against all ill-treatment or
intimidation as a consequence of his complaint or any evidence
given.

Article 14

1. Each State Party shall ensure in its
   legal system that the victim of an act of torture obtains
   redress and has an enforceable right to fair and adequate
   compensation including the means for as full rehabilitation as
   possible. In the event of the death of the victim as a result of
   an act of torture, his dependents shall be entitled to
   compensation.

2. Nothing in this article shall affect
   any right of the victim or other person to compensation which
   may exist under national law.

Article 15

Each State Party shall ensure that any statement which is
established to have been made as a result of torture shall not
be invoked as evidence in any proceedings, except against a
person accused of torture as evidence that the statement was
made.

Article 16

1. Each State Party shall undertake to
   prevent in any territory under its jurisdiction other acts of
   cruel, inhuman or degrading treatment or punishment which do not
   amount to torture as defined in article 1, when such acts are
   committed by or at the instigation of or with the consent or
   acquiescence of a public official or other person acting in an
   official capacity. In particular, the obligations contained in
   articles 10, 11, 12 and 13 shall apply with the substitution for
   references to torture or references to other forms of cruel,
   inhuman or degrading treatment or punishment.

2. The provisions of this Convention
   are without prejudice to the provisions of any other
   international instrument or national law which prohibit cruel,
   inhuman or degrading treatment or punishment or which relate to
   extradition or expulsion.

Part II

Article 17

1. There shall be established a
   Committee against Torture (hereinafter referred to as the
   Committee) which shall carry out the functions hereinafter
   provided. The Committee shall consist of 10 experts of high
   moral standing and recognized competence in the field of human
   rights, who shall serve in their personal capacity. The experts
   shall be elected by the States Parties, consideration being
   given to equitable geographical distribution and to the
   usefulness of the participation of some persons having legal
   experience.

2. The members of the Committee shall
   be elected by secret ballot from a list of persons nominated by
   States Parties. Each State Party may nominate one person from
   among its own nationals. States Parties shall bear in mind the
   usefulness of nominating persons who are also members of the
   Human Rights Committee established under the International
   Covenant on Civil and Political Rights and are willing to serve
   on the Committee against Torture.

3. Elections of the members of the
   Committee shall be held at biennial meetings of States Parties
   convened by the Secretary-General of the United Nations. At
   those meetings, for which two thirds of the States Parties shall
   constitute a quorum, the persons elected to the Committee shall
   be those who obtain the largest number of votes and an absolute
   majority of the votes of the representatives of States Parties
   present and voting.

4. The initial election shall be held
   no later than six months after the date of the entry into force
   of this Convention. At least four months before the date of each
   election, the Secretary-General of the United Nations shall
   address a letter to the States Parties inviting them to submit
   their nominations within three months. The Secretary-General
   shall prepare a list in alphabetical order of all persons thus
   nominated, indicating the States Parties which have nominated
   them, and shall submit it to the States Parties.

5. The members of the Committee shall
   be elected for a term of four years. They shall be eligible for
   re-election if renominated. However, the term of five of the
   members elected at the first election shall expire at the end of
   two years; immediately after the first election the names of
   these five members shall be chosen by lot by the chairman of the
   meeting referred to in paragraph 3.

6. If a member of the Committee dies or
   resigns or for any other cause can no longer perform his
   Committee duties, the State Party which nominated him shall
   appoint another expert from among its nationals to serve for the
   remainder of his term, subject to the approval of the majority
   of the States Parties. The approval shall be considered given
   unless half or more of the States Parties respond negatively
   within six weeks after having been informed by the
   Secretary-General of the United Nations of the proposed
   appointment.

7. States Parties shall be responsible
   for the expenses of the members of the Committee while they are
   in performance of Committee duties.

Article 18

1. The Committee shall elect its
   officers for a term of two years. They may be re-elected.

2. The Committee shall establish its
   own rules of procedure, but these rules shall provide, inter
   alia, that

   1. Six members shall constitute a
      quorum;

   2. Decisions of the Committee shall
      be made by a majority vote of the members present.

3. The Secretary-General of the United
   Nations shall provide the necessary staff and facilities for the
   effective performance of the functions of the Committee under
   this Convention.

4. The Secretary-General of the United
   Nations shall convene the initial meeting of the Committee.
   After its initial meeting, the Committee shall meet at such
   times as shall be provided in its rules of procedure.

5. The State Parties shall be
   responsible for expenses incurred in connection with the holding
   of meetings of the States Parties and of the Committee,
   including reimbursement of the United Nations for any expenses,
   such as the cost of staff and facilities, incurred by the United
   Nations pursuant to paragraph 3 above.

Article 19

1. The States Parties shall submit to
   the Committee, through the Secretary-General of the United
   Nations, reports on the measures they have taken to give effect
   to their undertakings under this Convention, within one year
   after the entry into force of this Convention for the State
   Party concerned. Thereafter the States Parties shall submit
   supplementary reports every four years on any new measures
   taken, and such other reports as the Committee may request.

2. The Secretary-General shall transmit
   the reports to all States Parties.

3. [Each report shall be considered by
   the Committee which may make such comments or suggestions on the
   report as it considers appropriate, and shall forward these to
   the State Party concerned. That State Party may respond with any
   observations it chooses to the Committee.

4. The Committee may, at its
   discretion, decide to include any comments or suggestions made
   by it in accordance with paragraph 3, together with the
   observations thereon received from the State Party concerned, in
   its annual report made in accordance with article 24. If so
   requested by the State Party concerned, the Committee may also
   include a copy of the report submitted under paragraph 1.]

Article 20

1. If the Committee receives reliable
   information which appears to it to contain well-founded
   indications that torture is being systematically practised in
   the territory of a State Party, the Committee shall invite that
   State Party to co-operate in the examination of the information
   and to this end to submit observations with regard to the
   information concerned.

2. Taking into account any observations
   which may have been submitted by the State Party concerned as well
   as any other relevant information available to it, the Committee
   may, if it decides that this is warranted, designate one or more
   of its members to make a confidential inquiry and to report to the
   Committee urgently.

3. If an inquiry is made in accordance
   with paragraph 2, the Committee shall seek the co-operation of
   the State Party concerned. In agreement with that State Party,
   such an inquiry may include a visit to its territory.

4. After examining the findings of its
   member or members submitted in accordance with paragraph 2, the
   Committee shall transmit these findings to the State Party
   concerned together with any comments or suggestions which seem
   appropriate in view of the situation.

5. All the proceedings of the Committee
   referred to in paragraphs 1 to 4 of this article shall be
   confidential, and at all stages of the proceedings the
   co-operation of the State Party shall be sought. After such
   proceedings have been completed with regard to an inquiry made
   in accordance with paragraph 2, the Committee may, after
   consultations with the State Party concerned, decide to include
   a summary account of the results of the proceedings in its
   annual report made in accordance with article 24.

Article 21

1. A State Party to this Convention may
   at any time declare under this article 3 that it recognizes the
   competence of the Committee to receive and consider
   communications to the effect that a State Party claims that
   another State Party is not fulfilling its obligations under this
   Convention. Such communications may be received and considered
   according to the procedures laid down in this article only if
   submitted by a State Party which has made a declaration
   recognizing in regard to itself the competence of the Committee.
   No communication shall be dealt with by the Committee under this
   article if it concerns a State Party which has not made such a
   declaration. Communications received under this article shall be
   dealt with in accordance with the following procedure:

   1. If a State Party considers that
      another State Party is not giving effect to the provisions of
      this Convention, it may, by written communication, bring the
      matter to the attention of that State Party. Within three months
      after the receipt of the communication the receiving State shall
      afford the State which sent the communication an explanation or
      any other statement in writing clarifying the matter which
      should include, to the extent possible and pertinent, references
      to domestic procedures and remedies taken, pending, or available
      in the matter.

   2. If the matter is not adjusted to
      the satisfaction of both States Parties concerned within six
      months after the receipt by the receiving State of the initial
      communication, either State shall have the right to refer the
      matter to the Committee by notice given to the Committee and to
      the other State.

   3. The Committee shall deal with a
      matter referred to it under this article only after it has
      ascertained that all domestic remedies have been invoked and
      exhausted in the matter, in conformity with the generally
      recognized principles of international law. This shall not be
      the rule where the application of the remedies is unreasonably
      prolonged or is unlikely to bring effective relief to the person
      who is the victim of the violation of this Convention.

   4. The Committee shall hold closed
      meetings when examining communications under this article.

   5. Subject to the provisions of
      subparagraph (c), the Committee shall make available its good
      offices to the States Parties concerned with a view to a
      friendly solution of the matter on the basis of respect for the
      obligations provided for in the present Convention. For this
      purpose, the Committee may, when appropriate, set up an ad hoc
      conciliation commission.

   6. In any matter referred to it under
      this article, the Committee may call upon the States Parties
      concerned, referred to in subparagraph (b), to supply any relevant
      information.

   7. The States Parties concerned,
      referred to in subparagraph (b), shall have the right to be
      represented when the matter is being considered by the Committee
      and to make submissions orally and/or in writing.

   8. The Committee shall, within 12
      months after the date of receipt of notice under subparagraph
      (b), submit a report.

      1. If a solution within the terms
         of subparagraph (e) is reached, the Committee shall confine its
         report to a brief statement of the facts and of the solution
         reached.

      2. If a solution within the terms
         of subparagraph (e) is not reached, the Committee shall confine
         its report to a brief statement of the facts; the written
         submissions and record of the oral submissions made by the
         States Parties concerned shall be attached to the report.

   In every matter, the report shall be communicated to the States Parties
   concerned.

2. The provisions of this article shall
   come into force when five States Parties to this Convention have
   made declarations under paragraph 1 of this article. Such
   declarations shall be deposited by the States Parties with the
   Secretary-General of the United Nations, who shall transmit copies
   thereof to the other States Parties. A declaration may be
   withdrawn at any time by notification to the Secretary-General.
   Such a withdrawal shall not prejudice the consideration of any
   matter which is the subject of a communication already transmitted
   under this article; no further communication by any State Party
   shall be received under this article after the notification of
   withdrawal of the declaration has been received by the
   Secretary-General, unless the State Party concerned has made a new
   declaration.

Article 22

1. A State Party to this Convention may
   at any time declare under this article that it recognizes the
   competence of the Committee to receive and consider
   communications from or on behalf of individuals subject to its
   jurisdiction who claim to be victims of a violation by a State
   Party of the provisions of the Convention. No communication
   shall be received by the Committee if it concerns a State Party
   to the Convention which has not made such a declaration.

2. The Committee shall consider
   inadmissible any communication under this article which is
   anonymous, or which it considers to be an abuse of the right of
   submission of such communications or to be incompatible with the
   provisions of this Convention.

3. Subject to the provisions of
   paragraph 2, the Committee shall bring any communication
   submitted to it under this article to the attention of the State
   Party to this Convention which has made a declaration under
   paragraph 1 and is alleged to be violating any provisions of the
   Convention. Within six months, the receiving State shall submit
   to the Committee written explanations or statements clarifying
   the matter and the remedy, if any, that may have been taken by
   that State.

4. The Committee shall consider
   communications received under this article in the light of all
   information made available to it by or on behalf of the
   individual and by the State Party concerned.

5. The Committee shall not consider any
   communication from an individual under this article unless it has
   ascertained that:

   1. The same matter has not been, and
      is not being examined under another procedure of international
      investigation or settlement;

   2. The individual has exhausted all
      available domestic remedies; this shall not be the rule where
      the application of the remedies is unreasonably prolonged or is
      unlikely to bring effective relief to the person who is the
      victim of the violation of this Convention.

6. The Committee shall hold closed
   meetings when examining communications under this article.

7. The Committee shall forward its
   views to the State Party concerned and to the individual.

8. The provisions of this article shall
   come into force when five States Parties to this Convention have
   made declarations under paragraph 1 of this article. Such
   declarations shall be deposited by the States Parties with the
   Secretary-General of the United Nations, who shall transmit
   parties thereof to the other States Parties. A declaration may be
   withdrawn at any time by notification to the Secretary-General.
   Such a withdrawal shall not prejudice the consideration of any
   matter which is the subject of a communication already transmitted
   under this article; no further communication by or on behalf of an
   individual shall be received under this article after the
   notification of withdrawal of the declaration has been received by
   the Secretary-General, unless the State Party concerned has made a
   new declaration.

Article 23

The members of the Committee, and of the ad hoc conciliation
commissions which may be appointed under article 21, paragraph 1
(e), shall be entitled to the facilities, privileges and
immunities of experts on missions for the United Nations as laid
down in the relevant sections of the Convention on the
Privileges and Immunities of the United Nations.

Article 24

The Committee shall submit an annual report on its activities
under this Convention to the States Parties and to the General
Assembly of the United Nations.

Part III

Article 25

1. This Convention is open for
   signature by all States.

2. This Convention is subject to
   ratification. Instruments of ratification shall be deposited
   with the Secretary-General of the United Nations.

Article 26

This Convention is open to accession by all States. Accession
shall be effected by the deposit of an instrument of accession
with the Secretary-General of the United Nations.

Article 27

1. This Convention shall enter into
   force on the thirtieth day after the date of the deposit with
   the Secretary-General of the United Nations of the twentieth
   instrument of ratification or accession.

2. For each State ratifying this
   Convention or acceding to it after the deposit of the twentieth
   instrument of ratification or accession, the Convention shall
   enter into force on the thirtieth day after the date of the
   deposit of its own instrument of ratification or accession.

Article 28

1. Each State may, at the time of
   signature or ratification of this Convention or accession
   thereto, declare that it does not recognize the competence of
   the Committee provided for in article 20.

2. Any State Party having made a
   reservation in accordance with paragraph 1 of this article may,
   at any time, withdraw this reservation by notification to the
   Secretary-General of the United Nations.

Article 29

1. Any State Party to this Convention
   may propose an amendment and file it with the Secretary-General
   of the United Nations. The Secretary-General shall thereupon
   communicate the proposed amendment to the States Parties to this
   Convention with a request that they notify him whether they
   favour a conference of States Parties for the purpose of
   considering and voting upon the proposal. In the event that
   within four months from the date of such communication at least
   one third of the State Parties favours such a conference, the
   Secretary-General shall convene the conference under the
   auspices of the United Nations. Any amendment adopted by a
   majority of the States Parties present and voting at the
   conference shall be submitted by the Secretary-General to all
   the States Parties for acceptance.

2. An amendment adopted in accordance
   with paragraph 1 shall enter into force when two thirds of the
   States Parties to this Convention have notified the
   Secretary-General of the United Nations that they have accepted
   it in accordance with their respective constitutional
   processes.

3. When amendments enter into force,
   they shall be binding on those States Parties which have
   accepted them, other States Parties still being bound by the
   provisions of this Convention and any earlier amendments which
   they have accepted.

Article 30

1. Any dispute between two or more
   States Parties concerning the interpretation or application of
   this Convention which cannot be settled through negotiation,
   shall, at the request of one of them, be submitted to
   arbitration. If within six months from the date of the request
   for arbitration the Parties are unable to agree on the
   organization of the arbitration, any one of those Parties may
   refer the dispute to the International Court of Justice by
   request in conformity with the Statute of the Court.

2. Each State may at the time of
   signature or ratification of this Convention or accession
   thereto, declare that it does not consider itself bound by the
   preceding paragraph. The other States Parties shall not be bound
   by the preceding paragraph with respect to any State Party
   having made such a reservation.

3. Any State Party having made a
   reservation in accordance with the preceding paragraph may at
   any time withdraw this reservation by notification to the
   Secretary-General of the United Nations.

Article 31

1. A State Party may denounce this
   Convention by written notification to the Secretary-General of
   the United Nations. Denunciation becomes effective one year
   after the date of receipt of the notification by the
   Secretary-General.

2. Such a denunciation shall not have
   the effect of releasing the State Party from its obligations
   under this Convention in regard to any act or omission which
   occurs prior to the date at which the denunciation becomes
   effective. Nor shall denunciation prejudice in any way the
   continued consideration of any matter which is already under
   consideration by the Committee prior to the date at which the
   denunciation becomes effective.

3. Following the date at which the
   denunciation of a State Party becomes effective, the Committee
   shall not commence consideration of any new matter regarding
   that State.

Article 32

The Secretary-General of the United Nations shall inform all
members of the United Nations and all States which have signed
this Convention or acceded to it, or the following
particulars:

1. Signatures, ratifications and
   accessions under articles 25 and 26;

2. The date of entry into force of this
   Convention under article 27, and the date of the entry into
   force of any amendments under article 29;

3. Denunciations under article 31.

Article 33

1. This Convention, of which the
   Arabic, Chinese, English, French, Russian and Spanish texts are
   equally authentic, shall be deposited in the archives of the
   United Nations.

2. The Secretary-General of the United
   Nations shall transmit certified copies of this Convention to
   all States.