Constitution Watch 6/2019 Why Hasn'tZimbabwe Adopted the UN Convention Against Torture? 28 June 2019 they will be tortured. The text of CAT was adopted by consensus in the General Assembly of the UN on 10th December 1984. The Zimbabwean delegation was present, so presumably concurred in its adoption. CAT came into operation on 26th June, 1987, when it was ratified by the 20th member State. Since then, the absolute prohibition against torture and other acts of cruel, inhuman, or degrading treatment or punishment has become accepted as a principle of customary international law [accepted by the international community as non-derogable right]. “Absolute” and “non-derogable” signify that— • 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 • An order from a superior officer or a public authority may not be invoked as a justification of torture. What Does the Convention Do? The purpose of CAT is to help combat torture and other forms of cruel, inhuman or degrading treatment throughout the world. Torture is defined very broadly to cover severe physical or mental pain or suffering inflicted by a public official, or inflicted with the consent or acquiescence of a public official, in order to obtain information from the person on whom it is inflicted or to punish, intimidate or coerce the person, or for a similar purpose. CAT obliges States that are parties to the Convention to do far more than merely having a brief general prohibition of torture in their Constitution. It obliges States take all legislative, administrative, judicial and other measures to prevent acts of torture or cruel, inhuman or degrading treatment or punishment within their territories. These measures include: Criminalising torture as a standalone offence and providing appropriately serious punishments for it. Obedience to superior orders cannot be allowed as a defence. Ensuring that the State’s courts have jurisdiction to try crimes involving torture which are committed outside the country, if: • the perpetrator or the victim is a national of the State, or • the perpetrator is found in the State and is not being extradited to the country where the crime took place. Arresting suspected torturers and ensuring that they are brought to justice, either in the State where they have been arrested or in another State which has jurisdiction over them. Making crimes involving torture extraditable, i.e. ensuring that suspected perpetrators can be sent for trial in the countries where the crimes were committed. Refusing to extradite persons to any country if there are reasonable grounds to believe they may be tortured there. Assisting other States in the prosecution of perpetrators, for example by supplying evidence.