Under Article 2 CAT 1984, each State Party shall take measures to PREVENT TORTURE. The article expressly provides:
Answer & Solution
Correct answer: A.
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_
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