Which statement best completes the following phrase: (1%)
“Freedom from torture is a right
subject to derogation when national security is threatened.”
confined only during custodial investigation.”
which is non-derogable both during peacetime and in a situation of armed conflict.”
both (a) and (b)
none of the above.
Suggested answer only. Not an official answer and not legal advice.
Freedom from torture is a right which is non-derogable both during peacetime and in a situation of armed conflict. Under Article 4 of the International Covenant on Civil and Political
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Quick check
What is the legal status of the right to freedom from torture under international law?
Freedom from torture is an absolute, non-derogable right and jus cogens norm under international law.
Under Republic Act No. 9745 (Anti-Torture Act), which circumstance justifies the use of torture?
No exceptional circumstances whatsoever may be invoked to justify torture under Republic Act No. 9745.
In what situations does the absolute prohibition against torture apply?
The prohibition against torture applies non-derogably in both peacetime and armed conflict.
What type of international law norm is the prohibition against torture recognized as?
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Does an order from a superior officer excuse a subordinate officer who commits torture?
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Learn more about these topics
1. Absolute Non-Derogability
Under international human rights law and domestic statutes like Republic Act No. 9745, the prohibition against torture is absolute and non-derogable. No exceptional circumstances, including state of war, threat of war, internal political instability, or public emergency, can be invoked to justify torture or cruel, inhuman, and degrading treatment. Because the right to be free from torture is classified as a jus cogens norm, states are strictly prohibited from suspending or curtailing this fundamental protection under any conditions during peacetime or armed conflict.
2. Jus Cogens Character
Freedom from torture has attained the status of jus cogens, a peremptory norm of general international law from which no derogation is permitted. International instruments, including the International Covenant on Civil and Political Rights and the UN Convention Against Torture, affirm that states bear a peremptory duty to respect and enforce this prohibition globally. Any municipal law, executive order, or emergency decree attempting to authorize or excuse torture is void under international law, establishing universal state accountability for torture violations.
3. Custodial Protection Scope
The prohibition against torture extends beyond formal custodial interrogation or police detention. It protects every individual from physical, mental, or psychological torture inflicted by public officers or persons acting in an official capacity at any time. State agents cannot escape liability by claiming that severe pain was inflicted outside official interrogation rooms or during military field operations, ensuring comprehensive protection across all administrative, judicial, and security enforcement contexts.