UNCAT obliges States to take effective legislative, administrative, judicial or other measures to prevent torture. It requires States to investigate allegations of torture and to punish those responsible. It also requires that a victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including as full rehabilitation as possible. International law also recognises that it would be unlawful to return someone to a country where there is a reasonable likelihood that they may be tortured.

OPCAT builds on UNCAT and obliges nations to set up independent preventive mechanisms and agree to international inspections of places of detention.

This establishes a permanent international criminal court to issue legal proceedings against individuals responsible for genocide, crimes against humanity, including torture, and war crimes.

Article 3 states “no one shall be subjected to torture or to inhuman or degrading treatment or punishment”. Unlike other conventions where traditionally only States are considered actors under international law under the ECHR any person who feels their rights have been violated by a State party can take their case to the European Court of Human Rights. Any judgements made by the Court are binding on the State concerned.

Article 5 states “every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited.” The provisions detailed in the charter are legally upheld by the African Court of Human and Peoples’ Rights. Only the Commission, State Parties and African Intergovernmental Organizations have automatic access to the court. Individuals and NGOs may have restricted access to bring a case to court only when the state against which the complaint is brought has made a declaration accepting the competence of the court to receive such complaints. There are only a handful of signatories to this declaration.

Under this convention ratified States agree to implement domestic legislation to give effect to the rights and freedoms outlined in the convention. Article 5 states “no one shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment. All persons deprived of their liberty shall be treated with respect for the inherent dignity of the human person”.

The WMA has the responsibility for setting ethical guidelines for doctors around the world. The Declaration of Tokyo (1975) published by the WMA is a set of guidelines for physicians concerning torture and other cruel, inhuman or degrading treatment or punishment in relation to detention and imprisonment. It also reinforces the role of doctors in speaking out against human rights violations and supporting colleagues who do so as well as encouraging active review of the human rights situation within their own countries. This declaration is reinforced by the Declaration on Physician Independence and Professional Freedom (1986) which requires doctors to ensure they “have the professional independence to represent and defend the health needs of patients against all who would deny or restrict needed care for those who are sick or injured”.

The ICN issue guidelines for nurses on the professional and ethical standards they are expected to uphold. The ICN have issued position statements regarding torture as well as the role of nurses in caring for detainees. The former states that “the nurse’s primary responsibility is to those people who require nursing care. Nurses have a duty to provide the highest possible level of care to victims of torture and other forms of cruel, degrading and inhumane treatment, and should speak up against and oppose any deliberate infliction of pain and suffering.” In addition, national nursing associations should “develop mechanisms to provide nurses with confidential advice and support in caring for prisoners sentenced to death or subjected to torture.”

In this resolution the UN specifically addresses the ethical obligations of doctors, making clear that health practitioners have a moral duty to protect the physical and mental health of detainees. This resolution establishes a clear link between international law and medical ethics stating “it is a gross contravention of medical ethics and an offence under international law for health professionals to engage actively or passively in torture or other cruel, inhuman, or degrading treatment.”