UN Committee Against Torture, General Comment No. 2: Implementation of Article 2 by State Parties, CAT/C/GC/2 (24 January 2008)

The General Comment addresses three parts of Article 2 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment which identifies distinct interrelated and essential principles undergirding the Convention's absolute prohibition against torture. Article 2, paragraph 1 obliges each State party to take actions that will reinforce the prohibition through legislative, administrative, judicial or other actions that must, in the end, be effective in preventing it. Article 2, paragraph 2, provides that the prohibition against torture is absolute and non-derogable, regardless of any exceptional circumstances. The non-derogability of the prohibition of torture is underscored by the long-standing principle embodied in Article 2, paragraph 3, that an order of a superior or public authority can never be invoked as a justification for torture.

According to the Report, the Committee is deeply concerned at and rejects absolutely any efforts by States to justify torture and ill-treatment as means to protect public safety or avert emergencies in these and all other situations. Similarly, the Committee rejected any religious or traditional justification that would violate this absolute prohibition. The Committee reminded all States parties to the Convention of the non-derogable nature of the obligations undertaken by them in ratifying the Convention.