16 | P age b inherent in or incidental to, lawful sanctions to the extent consistent with the standard Minimum Rules for the Treatment of Prisoners. Paragraph two of the same article considers torture as aggravated version of cruel, inhumane or degrading treatment or punishment. Even if the declaration is not binding in its legal sense, it imposes obligation upon states to criminalize or outlaw acts of torture and permit no exception or any kind of justification even during emergency, and provide local remedy for the victims of torture. 66 On 10 December 1984, the United Nations Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment (UNCAT) was unanimously adopted by the General Assembly and entered into force on 26, June 1987. Although it has been said that UNCAT is substantively based on the DAT, there are some changes it brings on the declaration. Among others it elaborated upon the draft Declarations criminalization of torture by proposing the principle of universal jurisdiction and it suggested mechanisms for the prevention of torture, including an international monitoring mechanism to be entrusted to the Human Rights Committee, the supervisory body established under the Civil and Political Rights Covenant. 67 Besides, the convention define torture with some modification and in strict or strong sense as it includes act committed by a third person and more elaborative in government participation by adding or with the consent or acquiescence of a public official or other person acting in an official capacity , and extending the purpose list by including or for any reason based on discrimination of any kind 68 Furthermore the convention provides space for more or a wider protection in any other international or national laws, before and after it comes into force, under its article 1(2). The convention maintained that, like that of DAT, no exceptions can be invoked as a justification of torture even in time of war, political crisis and state of emergency. 69 Regional human rights laws also prohibit torture in general. European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR ) provides in Article 3 that No DAT, Art. 2, 3 and 11. A. Boulesbaa, An Analysis of the 1984 Draft Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1986) 4 Dickinson Journal of International Law 185; see also M. Lippmann, The Development and Drafting of the United Nations Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment (1994) 17 Boston College International and Comparative Law Review 275. DAT, Art. 1(1) in comparison with UNCAT Art. 1 (1) (Emphasis added. 69 UNCAT, Art. 2(2).
