INTER-AMERICAN CONVENTION TO PREVENT AND PUNISH TORTURE
The American States signatory to the present Convention,
Aware of the provision of the American Convention on Human Rights that no one
shall be subjected to torture or to cruel, inhuman, or degrading punishment or
treatment;
Reaffirming that all acts of torture or any other cruel, inhuman, or degrading
treatment or punishment constitute an offense against human dignity and a
denial of the principles set forth in the Charter of the Organization of American
States and in the Charter of the United Nations and are violations of the
fundamental human rights and freedoms proclaimed in the American Declaration
of the Rights and Duties of Man and the Universal Declaration of Human Rights;
Noting that, in order for the pertinent rules contained in the aforementioned
global and regional instruments to take effect, it is necessary to draft an InterAmerican Convention that prevents and punishes torture;
Reaffirming their purpose of consolidating in this hemisphere the conditions that
make for recognition of and respect for the inherent dignity of man, and ensure
the full exercise of his fundamental rights and freedoms,
Have agreed upon the following:
Article 1
The State Parties undertake to prevent and punish torture in accordance with the
terms of this Convention.
Article 2
For the purposes of this Convention, torture shall be understood to be any act
intentionally performed whereby physical or mental pain or suffering is inflicted
on a person for purposes of criminal investigation, as a means of intimidation, as
personal punishment, as a preventive measure, as a penalty, or for any other
purpose. Torture shall also be understood to be the use of methods upon a
person intended to obliterate the personality of the victim or to diminish his
physical or mental capacities, even if they do not cause physical pain or mental
anguish.
The concept of torture shall not include physical or mental pain or suffering that
is inherent in or solely the consequence of lawful measures, provided that they
do not include the performance of the acts or use of the methods referred to in
this article.
Article 3
The following shall be held guilty of the crime of torture: