Background of the Convention against Torture

In 1946, the member states of the United Nations unanimously adopted the Universal Declaration of Human Rights, recognizing fundamental human rights, including the right not to be subjected to torture, cruel, inhuman and degrading treatment…

Based on the Universal Declaration of Human Rights , many international legal instruments have also been promulgated, including those recognizing the right not to be subjected to torture, cruel, inhuman or degrading treatment, such as the Convention on the Prevention and Punishment of the Crime of Genocide of 1948 and the European Convention on Human Rights of 1950.

[caption id="attachment_605507" align="alignnone" width="768"] On December 10, 1984, the United Nations General Assembly adopted the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. (Photo: ilriformista.it)

By 1966, the United Nations had adopted two important international conventions on human rights: the Convention on Economic, Social and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights (ICCPR). The right not to be subjected to torture, cruel, inhuman and degrading treatment is also reiterated in Article 7 of the ICCPR.

Recognizing the importance of the right not to be subjected to torture or cruel, inhuman or degrading treatment or punishment (a general term for all forms of cruel, inhuman or degrading treatment or punishment), on December 9, 1975, the United Nations General Assembly adopted a separate document on this right entitled "Declaration on the Protection of All Persons from Torture or Other Cruel, Inhuman or Degrading Treatment or Punishment".

Immediately after the adoption of the Declaration on the Contradiction of Torture on December 9, 1975, the United Nations General Assembly adopted a resolution requesting the Human Rights Committee to conduct a study on issues related to “torture” and to take the necessary steps to ensure the effective implementation of the Declaration on the Contradiction of Torture.

Two years later, the United Nations General Assembly adopted a resolution requesting the Human Rights Committee to draft a Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Convention Against Torture, CAT) on the basis of the principles set forth in the Declaration against Torture.

To implement the aforementioned resolutions of the United Nations General Assembly, two special working groups were established to discuss and draft the Convention Against Torture. The draft Convention Against Torture was first introduced by Sweden and submitted to the second working group for consideration and discussion in 1978.

This draft Convention Against Torture was subsequently used by the Working Group for discussions, disseminated to United Nations member states, and submitted to the United Nations Economic, Cultural and Social Council (ECOSOC) for comments. On May 24, 1984, the ECOSOC Council approved the submission of the draft Convention Against Torture to the United Nations General Assembly for adoption.

[caption id="attachment_605529" align="alignnone" width="768"] June 26th each year is designated by the United Nations as the International Day in Support of Victims of Torture. (Photo: United Nations)

On December 10, 1984, the United Nations General Assembly adopted the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The Convention was open for signature by States.

On June 26, 1987, after the UN Secretary-General received the instrument of ratification from the 20th State, the Convention Against Torture officially entered into force as stipulated in Article 27, paragraph 1. To date, the Convention Against Torture has 166 member states. The United Nations designates June 26 as the annual International Day in Support of Victims of Torture.

In the process of implementing the Convention, the United Nations General Assembly also adopted the Optional Protocol to the Convention Against Torture on December 18, 2002 (abbreviated as OPCAT) under Resolution 57/199. The Optional Protocol, which entered into force on June 22, 2006, established an international monitoring system to prevent torture through visits by independent international bodies and domestic organizations to detention facilities.

The OPCAT Protocol also established a subcommittee on the prevention and combating of torture and other cruel, inhuman or degrading treatment or punishment to conduct visits and provide assistance to member states and national institutions in carrying out similar activities within their national borders.

The United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) officially entered into force for Vietnam on March 7, 2015. Since then, Vietnam has consistently strived to implement the convention and achieved many important accomplishments in ensuring human rights recognized by the international community, including the National Report on the Implementation of the CAT Convention.

Tra Khanh