| Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment | | 禁止酷刑和其他残忍、不人道或有辱人格的待遇或处罚公约 |
The States Parties to this Convention, | |
本公约缔约各国, |
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, | |
考虑到根据《联合国宪章》宣布的原则,承认人类大家庭一切成员具有平等与不可剥夺的权利是世界自由、公正与和平的基础, |
Recognizing that those rights derive from the inherent dignity of the human person, | |
认识到上述权利起源于人的固有尊严, |
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, | |
考虑到根据《宪章》尤其是第五十五条的规定,各国有义务促进对人权和基本自由的普遍尊重和遵守, |
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 shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment, | |
注意到《世界人权宣言》第5条和《公民及政治权利国际公约》第7条都规定不允许对任何人施行酷刑或残忍、不人道或有辱人格的待遇或处罚, |
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, | |
并注意到大会于1975年12月9日通过的《保护人人不受酷刑和其他残忍、不人道或有辱人格的待遇或处罚宣言》 |
Desiring to make more effective the struggle against torture and other cruel, inhuman or degrading treatment or punishment throughout the world, | |
希望在全世界更有效地开展反对酷刑和其他残忍、不人道或有辱人格的待遇或处罚的斗争, |
Have agreed as follows: | |
兹协议如下: |
| |
|
| PART I | | 第一部分 |
| |
|
| Article 1 | | 第1条 |
| |
|
| 1. For the purposes of this Convention, the term "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. | | 1.为本公约的目的,“酷刑”是指为了向某人或第三者取得情报或供状,为了他或第三者所作或涉嫌的行为对他加以处罚,或为了恐吓或威胁他或第三者,或为了基于任何一种歧视的任何理由,蓄意使某人在肉体或精神上遭受剧烈疼痛或痛苦的任何行为,而这种疼痛或痛苦是由公职人员或以官方身分行使职权的其他人所造成或在其唆使、同意或默许下造成的。纯因法律制裁而引起或法律制裁所固有或附带的疼痛或痛苦不包括在内。 |
| |
|
| 2. This article is without prejudice to any international instrument or national legislation which does or may contain provisions of wider application. | | 2.本条规定并不妨碍载有或可能载有适用范围较广的规定的任何国际文书或国家法律。 |
| |
|
| Article 2 | | 第2条 |
| |
|
| 1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction. | | 1.每一缔约国应采取有效的立法、行政、司法或其他措施,防止在其管辖的任何领土内出现酷刑的行为。 |
| |
|
| 2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political in stability or any other public emergency, may be invoked as a justification of torture. | | 2.任何特殊情况,不论为战争状态、战争威胁、国内政局动荡或任何其他社会紧急状态,均不得援引为施行酷刑的理由。 |
| |
|
| 3. An order from a superior officer or a public authority may not be invoked as a justification of torture. | | 3.上级官员或政府当局的命令不得援引为施行酷刑的理由。 |
| |
|
| Article 3 | | 第3条 |
| |
|
| 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. | | 1.如有充分理由相信任何人在另一国家将有遭受酷刑的危险,任何缔约国不得将该人驱逐、遣返或引渡至该国。 |
| |
|
| 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. | | 2.为了确定这种理由是否存在,有关当局应考虑到所有有关的因素,包括在适当悄况下,考虑到在有关国家境内是否存在一贯严重、公然、大规模侵犯人权的情况。 |
| |
|
| Article 4 | | 第4条 |
| |
|
| 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. | | 1.每一缔约国应保证将一切酷刑行为定为刑事罪行。该项规定也适用于施行酷刑的企图以及任何人合谋或参与酷刑的行为。 |
| |
|
| 2. Each State Party shall make these offences punishable by appropriate penalties which take into account their grave nature. | | 2.每一缔约国应根据上述罪行的严重程度,规定适当的惩罚。 |
| |
|
| Article 5 | | 第5条 |
| |
|
| 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、每一缔约国应采取各种必要措施,确定在下列情况下该国对第4条所述的罪行有管辖权: |
| |
|
| (a) When the offences are committed in any territory under its jurisdiction or on board a ship or aircraft registered in that State; | | (a)这种罪行发生在其管辖的任何领土内,或在该国注册的船舶或飞机上。 |
| |
|
| (b) When the alleged offender is a national of that State; | | (b)被控罪犯为该国国民。 |
| |
|
| (c) When the victim is a national of that State if that State considers it appropriate. | | (c)受害人为该国国民,而该国认为应予管辖。 |
| |
|
| 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 I of this article. | | 2、每一缔约国也应采取必要措搬,确定在下列情况下。该国对此种罪行有管辖权:被控罪犯在该国管辖的任何领土内,而该国不按第8条规定将其引渡至本条第1款所述的任何国家。 |
| |
|
| 3. This Convention does not exclude any criminal jurisdiction exercised in accordance with internal law. | | 3、本公约不排除按照国内法行使的任何刑事管辖权。 |
| |
|
| Article 6 | | 第6条 |
| |
|
| 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. | | 1、任何缔约国管辖的领土内如有被控犯有第4条所述罪行的人,该国应于审查所获情报后确认根据情况有此必要时,将此人拘留,或采取其他法律措施确保此人留在当地。拘留和其他法律措施应合乎该国法律的规定,但延续时间只限于进行任何刑事诉讼或引渡程序所需的时间。 |
| |
|
| 2. Such State shall immediately make a preliminary inquiry into the facts. | | 2、该缔约国应立即对事实进行初步调查。 |
| |
|
| 3. Any person in custody pursuant to paragraph I 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, with the representative of the State where he usually resides. | | 3、按照本条第1款被拘留的任何人,应得到协助,立即与距离最近的本国适当代表联系,如为无国籍人,则与其通常居住国的代表联系。 |
| |
|
| 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 States and shall indicate whether it intends to exercise jurisdiction. | | 4、任何国家依锯本条将某人拘留时,应立即将此人已被拘留及构成扣押理由的情况通知第5条第1款所指的国家。进行本条第2款所指的初步调查的国家,应迅速将调查结果告知上述国家,并说明是否有意行使管辖权。 |
| |
|
| Article 7 | | 第7条 |
| |
|
| 1. The State Party in the 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. | | 1、缔约国如在其管辖领土内发现有被控犯有第4条所述任何罪行的人,在第5条所指的情况下,如不进行引渡,则应将该案提交主管当局以便起诉。 |
| |
|
| 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. | | 2、主管当局应根据该国法律,以审理情节严重的任何普通犯罪案件的同样方式作出判决。对第5条第2款所指的情况,起诉和定罪所需证据的标准决不应宽于第5条第1款所指情况适用的标准。 |
| |
|
| 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. | | 3、任何人因第4条规定的任何罪行而被起诉时,应保证他在诉讼的所有阶段都得到公平的待遇。 |
| |
|
| Article 8 | | 第8条 |
| |
|
| 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. | | 1、第4条所述各种罪行应视为属于缔约各国间现有的任何引渡条约所列的可引渡罪行。缔约各国保证将此种罪行作为可引渡罪行列入将来相互之间缔结的每项引渡条约。 |
| |
|
| 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 offences. Extradition shall be subject to the other conditions provided by the law of the requested State. | | 2、以订有条约为引渡条件的缔约国,如收到未与其签订引渡条约的另一缔约国的引渡请求,可将本公约视为对此种罪行要求引渡的法律根据。引渡必须符合被请求国法律规定的其它条件。 |
| |
|
| 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. | | 3、不以订有条约为引渡条件的缔约国,应在相互之间承认此种罪行为可引渡罪行,但须符合被请求国法律规定的各种条件。 |
| |
|
| 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. | | 4、为在缔约国间进行引渡的目的,应将此种罪行视为不仅发生在行为地,而且发生在按照第5条第1款必须确定管辖权的国家领土内。 |
| |
|
| Article 9 | | 第9条 |
| |
|
| 1. States Parties shall afford one another the greatest measure of assistance in connection with criminal 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. | | 1、缔约各国在就第4条所规定的任何罪行提出刑事诉讼方面,应尽量相互协助,其中包括提供它们所掌握的为诉讼所必需的一切证据。 |
| |
|
| 2. States Parties shall carry out their obligations under paragraph I of this article in conformity with any treaties on mutual judicial assistance that may exist between them. | | 2、缔约各国应依照它们之间可能订有的关于相互提供司法协助的条约履行其在本条第1款下的义务。 |
| |
|
| Article 10 | | 第10条 |
| |
|
| 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. | | 1、每一缔约国应保证在可能参与拘留、审讯或处理遭到任何形式的逮捕、扣押或监禁的人的民事或军事执法人员、医务人员、公职人员及其他人员的训练中,充分列入关于禁止酷刑的教育和资料。 |
| |
|
| 2. Each State Party shall include this prohibition in the rules or instructions issued in regard to the duties and functions of any such person. | | 2、每一缔约国应将禁止酷刑列入所发关于此类人员职务的规则或指示之中。 |
| |
|
| Article 11 | | 第11条 |
| |
|
| 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. | | 每一缔约国应经常有系统地审查对在其管辖的领土内遭到任何形式的逮捕、扣押或监禁的人进行审讯的规则、指示、方法和惯例以及对他们的拘留和待遇的安排,以避免发生任何酷刑事件。 |
| |
|
| Article 12 | | 第12条 |
| |
|
| 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 committed in any territory under its jurisdiction. | | 每一缔约国应确保在有适当理由认为在其管辖的任何领土内已发生酷刑行为时,其主管当局立即进行公正的调查。 |
| |
|
| Article 13 | | 第13条 |
| |
|
| 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 by, 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. | | 每一缔约国应确保凡声称在其管辖的任何领土内遭到酷刑的个人有权向该国主管当局申诉,并由该国主管当局对其案件进行迅速而公正的审查。应采取步骤确保申诉人和证人不因提出申诉或提供证据而遭受任何虐待或恐吓。 |
| |
|
| Article 14 | | 第14条 |
| |
|
| 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 dependants shall be entitled to compensation. | | 1、每一缔约国应在其法律体制内确保酷刑受害者得到补偿,并享有获得公平和充分赔偿的强制执行权利,其中包括尽量使其完全复原。如果受害者因受酷刑而死亡,其受抚养人应有获得赔偿的权利。 |
| |
|
| 2. Nothing in this article shall affect any right of the victim or other persons to compensation which may exist under national law. | | 2、本条任何规定均不影响受害者或其他人根据国家法律可能获得赔偿的任何权利。 |
| |
|
| Article 15 | | 第15条 |
| |
|
| 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. | | 每一缔约国应确保在任何诉讼程序中,不得援引任何业经确定系以酷刑取得的口供为证据,但这类口供可用作被控施用酷刑者刑求逼供的证据。 |
．．．．．． | |
．．．．．． |
|
Dear visitor, as a premium member of this database, you will get complete access to all content.Please go premium and get more.
1. To become a premium member, please call 400-810-8266 Ext. 171.
2. Binding to the account with access to this database.
3. Apply for a trial account.
4. To get instant access to a document, you can Pay Amount 【￥800.00】 for your single purchase. | |
您好：您现在要进入的是北大法宝英文库会员专区。
如您是我们英文用户可直接 登录，进入会员专区查询您所需要的信息；如您还不是我们 的英文用户；您可通过网上支付进行单篇购买，支付成功后即可立即查看本篇内容。
Tel: +86 (10) 82689699, +86 (10) 82668266 ext. 153
Mobile: +86 13311570713
Fax: +86 (10) 82668268
E-mail:info@chinalawinfo.com
|
| | | |
| | | |