OBLIGATIONS OF STATE PARTIES

There are about eight key obligations that eSwatini has to uphold with the ratification of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT.

The first one is that State parties are obligated to take effective legislative, administrative, judicial or other measures to prevent acts of torture.

“The prohibition against torture shall be absolute and shall be upheld also in a state of war and in other exceptional circumstances (article 2),” the UNCAT states.

Second, the treaty also states that ‘no State party may expel or extradite a person to a State where there are substantial grounds for believing that he would be in danger of being subjected to torture.’ As third, UNCAT states that each State party shall ensure that acts of torture are serious criminal offences within its legal system.

Fourth, each State party is obligated to, on certain conditions, take a person suspected of the offence of torture into custody and make a preliminary inquiry into the facts.

Fifth, ‘each State party shall either extradite a person suspected of the offence of torture or submit the case to its own authorities for prosecution.’ Sixth, ‘each State party shall ensure that its authorities make investigations when there is reasonable ground to believe that an act of torture has been committed.’

Seventh, ‘each State party shall ensure that an individual who alleges that he has been subjected to torture will have his case examined by the competent authorities.’

Eight, ‘each State party shall ensure to victims of torture an enforceable right to fair and adequate compensation.’