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Apr 7, 2011 · This chapter analyses the terms of the basic formula: torture, cruel, inhuman or degrading treatment or punishment, as stated in Article 5 of the Universal Declaration of Human Rights. It seeks to identify the factors involved in determining whether particular acts amount to torture or other ill-treatment.
- Dedication
Dedication - What Constitutes Torture and Other...
- Bibliography
Bibliography - What Constitutes Torture and Other...
- Table of Treaties and Other International Instruments
Table of Treaties and Other International Instruments - What...
- General Introduction
This introductory chapter briefly discusses the importance...
- 1 The Response of The United Nations General Assembly to The Challenge of Torture
We would like to show you a description here but the site...
- Code of Conduct for Law Enforcement Officials
The human rights in question are identified and protected by...
- Declaration on The Police—Part A
Declaration on The Police—Part A - What Constitutes Torture...
- European Convention on Human Rights
European Convention on Human Rights - What Constitutes...
- Dedication
- Part I
- Part II
- Part III
Article 1
1. For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is i...
Article 2
1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction. 2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture. 3. An order from a superior officer or a public authority may not be invoked as a justification of torture.
Article 3
1. No State Party shall expel, return ("refouler") or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture. 2. For the purpose of determining whether there are such grounds, the competent authorities shall take into account all relevant considerations including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights.
Article 17
1. There shall be established a Committee against Torture (hereinafter referred to as the Committee) which shall carry out the functions hereinafter provided. The Committee shall consist of ten experts of high moral standing and recognized competence in the field of human rights, who shall serve in their personal capacity. The experts shall be elected by the States Parties, consideration being given to equitable geographical distribution and to the usefulness of the participation of some pers...
Article 18
1. The Committee shall elect its officers for a term of two years. They may be re-elected. 2. The Committee shall establish its own rules of procedure, but these rules shall provide, inter alia, that: (a) Six members shall constitute a quorum; (b) Decisions of the Committee shall be made by a majority vote of the members present. 3. The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under...
Article 19
1. The States Parties shall submit to the Committee, through the Secretary-General of the United Nations, reports on the measures they have taken to give effect to their undertakings under this Convention, within one year after the entry into force of the Convention for the State Party concerned. Thereafter the States Parties shall submit supplementary reports every four years on any new measures taken and such other reports as the Committee may request. 2. The Secretary-General of the United...
Article 27
1. This Convention shall enter into force on the thirtieth day after the date of the deposit with the Secretary-General of the United Nations of the twentieth instrument of ratification or accession. 2. For each State ratifying this Convention or acceding to it after the deposit of the twentieth instrument of ratification or accession, the Convention shall enter into force onthe thirtieth day after the date of the deposit of its own instrument of ratification or accession.
Article 28
1. Each State may, at the time of signature or ratification of this Convention or accession thereto, declare that it does not recognize the competence of the Committee provided for in article 20. 2. Any State Party having made a reservation in accordance with paragraph I of this article may, at any time, withdraw this reservation by notification to the Secretary-General of the United Nations.
Article 29
1 . Any State Party to this Convention may propose an amendment and file it with the Secretary-General of the United Nations. The SecretaryGeneral shall thereupon communicate the proposed amendment to the States Parties with a request that they notify him whether they favour a conference of States Parties for the purpose of considering an d voting upon the proposal. In the event that within four months from the date of such communication at least one third of the States Parties favours such a...
Jan 27, 2017 · The ICRC’s position on torture is clear: torture and other forms of cruel, inhuman, degrading or humiliating treatment are banned under international law. Unfortunately, the use of torture is a topic that seems to appear in the media on a terrifyingly frequent basis.
The Rome Statute of the International Criminal Court, which covers the most serious crimes under international law, prohibits torture and ill-treatment as a crime against humanity and as a war crime.
Common Article 3 prohibits three different forms of ill-treatment: torture, cruel and inhuman treatment, and outrages upon personal dignity. As we shall see, these notions are not identical. In certain respects their legal consequences vary, especially with regard to criminal law obligations such as the exercise of universal jurisdiction.
There is an absolute ban on torture and other cruel, inhuman or degrading treatment and outrages upon personal dignity under international humanitarian law (IHL) and international human rights law (IHRL). The prohibition of torture and other forms of ill-treatment derives from the Geneva Conventions of 1949, their Additional Protocols of 1977 ...
Factsheet on measures of national implementation regarding torture and other forms of ill-treatment. In particular the following questions/topics are addressed: definition of torture and other forms of ill-treatment; key international instruments; key legal obligations deriving from the prohibition of torture and other forms of ill-treatment ...
People also ask
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