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- The different purposes that an act of ill-treatment must fulfil to be considered as torture or cruel, inhuman and degrading treatment are the following: for extracting a confession ; or for obtaining for the victim or a third person information ; or for punishment ; or for intimidation and coercion ; or for discrimination
www.ohchr.org/sites/default/files/Documents/Issues/Torture/UNVFVT/Interpretation_torture_2011_EN.pdf
Cruel or inhuman (synonymous terms) treatment consists of acts which cause serious pain or suffering, whether physical or mental, or which constitute a serious outrage upon individual dignity. Unlike torture, these acts do not need to be committed for a specific purpose.
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.
The evidence is overwhelming. States that use torture and ill-treatment use it broadly. They supplement it with other repressive measures. Amnesty International has researched torture and other cruel, inhuman and degrading treatment all over the world for decades.
- Vuolanne v. Finland
- Human Rights Committee
- Selmouni v. France
- Cantoral-Benavides v. Peru
- African Commission on Human and Peoples’ Rights
Human Rights Committee Communication No. 265/1987 Views of 2 May 1989 Keywords: detention for disciplinary reasons in military - trial within a reasonable time
Communication No. 577/1994 Views of 6 November 1997 Keywords: public humiliation - degrading treatment - detention conditions
European Court of Human Rights Application No. 25803/94 Judgement of 28 July 1999 Keywords: custody, ill-treatment in police - custody, duty of the state to provide a plausible explanation for injuries in torture, notion of
Inter-American Court of Human Rights Series C No. 69 Judgement of 18 August 2000 Keywords: arbitrary arrest or detention - cruel, inhuman and degrading treatment
Communications Nos. 137/94, 139/94, 154/96 and 161/97 Twelfth Annual Activity Report of the African Commission on Human and Peoples’ Rights, 1998-1999 Annex V Keywords: life – torture - arbitrary arrest or detention - death penalty - execution, while case pending before African Commission – health - fair hearing
Torture is a grave crime against human dignity, and it can never be accepted. Even in situation of war, emergency or other threats to the stability of a State, torture and ill-treatment are always prohibited. The prohibition of torture is absolute and non-derogable at all times.
To address this gap, this working paper analyzes non-typical forms of torture and ill-treatment in international case law, identifying patterns in the jurisprudence. Thus, this working paper focuses on jurisprudence at the outer border of the prohibition against torture and ill-treatment.
treatment or punishment or ill-treatment depends on the specific circumstances of each case and is not always obvious. It is clear that, because of the specific intensity or nature of certain acts, the qualification of torture may be easily granted in certain cases. However, in some
People also ask
Is torture a form of ill-treatment?
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Can torture and ill-treatment be used as evidence for terrorism?