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"UN: Convention against Torture and Other Cruel, Inhuman or Drgrading Treatment or Punishment, 1987" [2005] ELECD 330; in Tully, Stephen (ed), "International Documents on Corporate Responsibility" (Edward Elgar Publishing, 2005)

Book Title: International Documents on Corporate Responsibility

Editor(s): Tully, Stephen

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781843768197

Section: Chapter 107

Section Title: UN: Convention against Torture and Other Cruel, Inhuman or Drgrading Treatment or Punishment, 1987

Number of pages: 2

Extract:

107. UN: Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or
Punishment, 1987

Commentary: The Convention (23 ILM 1027 (1984) & 24 ILM 535 (1985), entry
into force 1987) is administered by the Committee against Torture (CAT), a body of
independent experts which assesses national reports concerning implementation of
the Convention, undertakes inquiries, issues general comments on thematic issues
and considers inter-State complaints. CAT may also consider communications from
or on behalf of individuals claiming to be victims of violations by State Parties. An
Optional Protocol (not yet in force) will enable in-country inspections of places of
detention in conjunction with national institutions. A Voluntary Fund for Victims of
Torture was established to enable NGOs to provide humanitarian assistance to
victims and their families: UNGA Resolution 36/151 (1981). See further,
www.ohchr.org.
Corporations may be held liable where they aid, abet or conspire with government
officials in acts of torture: Carmichael v United Technologies Corp [1988] USCA5 33; 835 F.2d 109 (5th Cir
1988). They may also be liable where they employ coercive government power to
unlawfully detain individuals and extract favourable contractual concessions: Eastman
Kodak Company v Kavlin 978 F. Supp 1078 (SD Fla 1997).




Article 1
1. For the purposes of this Convention, the term `torture' means any act by which severe
pain or suffering, whether physical or mental, is intentionally inflicted on a person for
such purposes as obtaining from him or a third person information or a confession,
punishing him for an act ...