Article 2 of the convention prohibits torture, and requires parties to take effective measures to prevent it in any territory under its jurisdiction. This prohibition is absolute and non-derogable. "No exceptional circumstances whatsoever"[5] may be invoked to justify torture, including war, threat of war, internal political instability, public emergency, terrorist acts, violent crime, or any form of armed conflict.[6] Torture cannot be justified as a means to protect public safety or prevent emergencies.[6] Neither can it be justified by orders from superior officers or public officials.[7] The prohibition on torture applies to all territories under a party's effective jurisdiction, and protects all people under its effective control, regardless of citizenship or how that control is exercised.[6] Since the Conventions entry into force, this absolute prohibition has become accepted as a principle of customary international law.[6]
Because it is often difficult to distinguish between cruel, inhuman or degrading treatment and torture, the Committee regards Article 16's prohibition of such treatment as similarly absolute and non-derogable.[6]
