Under Article 2 CAT 1984, each State Party shall take measures to PREVENT TORTURE. The article expressly provides:
Ano EXCEPTIONAL CIRCUMSTANCES whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture
Bthat torture is permissible in emergencies (cf. Convention Against Torture 1984, Article 2) (cf. Convention Against Torture 1984, Article 2) (cf. Convention Against Torture 1984, Article 2)
Cthat torture is permitted by a court order (cf. Convention Against Torture 1984, Article 2) (cf. Convention Against Torture 1984, Article 2) (cf. Convention Against Torture 1984, Article 2)
Dthat torture may be authorised by Cabinet (cf. Convention Against Torture 1984, Article 2) (cf. Convention Against Torture 1984, Article 2) (cf. Convention Against Torture 1984, Article 2)
Answer & Solution
Correct answer: A. no EXCEPTIONAL CIRCUMSTANCES whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture
1. Article 2(1) CAT: 'Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.'
2. Article 2(2): 'No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.'
3. Article 2(3): 'An order from a superior officer or a public authority may not be invoked as a justification of torture.'
4. The ABSOLUTE PROHIBITION is jus cogens.
5. Hence option B is correct.
_Source: UDHR 1948 / ICCPR 1966 / ICESCR 1966 / CAT 1984 / CEDAW 1979 / CRC 1989 / PHRA 1993 / Constitution Part III — Convention Against Torture 1984, Article 2_
Related questions
The RIGHT TO FOOD under ICESCR Article 11 was elaborated in CESCR General Comment No. 12 (Article 13 ICESCR recognises the right to EDUCATION. Primary education shall be:Section 11A NHRC complaints are admitted on grounds of:The KAMPALA AMENDMENTS to the Rome Statute (2010) activated the CRIME OF AGGRESSION jurisdThe DOCTRINE OF EXTRA-TERRITORIAL APPLICATION of HUMAN RIGHTS treaties (per the ICJ Wall AThe PRINCIPLE OF PROGRESSIVE REALIZATION in ICESCR (Article 2(1)) is balanced by the doctrIn NUREMBERG TRIALS 1945-46, the International Military Tribunal articulated the principleArticle 41 ICCPR provides for INTER-STATE COMPLAINTS — a State Party may complain to the H