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General comments and recommendations

CAT/C/GC/2: General comment No. 2 (2007) on the implementation of article 2 by States parties


24 January 2008

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Committee against Torture

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

This general comment addresses the three parts of article 2, each of which identifies distinct interrelated and essential principles that undergird the Convention’s absolute prohibition against torture.

Since the adoption of the Convention against Torture, the absolute and non-derogable character of this prohibition has become accepted as a matter of customary international law.

The provisions of article 2 reinforce this peremptory jus cogens norm against torture and constitute the foundation of the Committee’s authority to implement effective means of prevention, including but not limited to those measures contained in the subsequent articles 3 to 16, in response to evolving threats, issues, and practices.