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Journal articles on the topic 'Cruel and degrading treatment'

Author: Grafiati

Published: 18 May 2024

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1

Haydarov, Jaloliddin. "Qualification of crimes of torture and other cruel, inhuman or degrading treatment." Tsul legal report 3, no. 1 (March 15, 2022): 88–95. http://dx.doi.org/10.51788/tsul.lr.3.1./jstf1453.

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The study provides, giving a detailed legal definition of the criminal structure of crimes of torture and other cruel, inhuman or degrading treatment or punishment, comparative and legal analysis of national and foreign legislation on liability for torture and related crimes with the usage of international conventions, qualification of torture and other cruel, inhuman or degrading treatment. In addition, clear and detailed proposals have been put forward to improve the legislation, in particular the Criminal Code, through the study of international experience and norms of international law. A number of recommendations have been developed for a fundamental improvement in law enforcement practice, with an analytical and legal analysis of existing shortcomings in the legal system based on the results of data on cases of torture. With this topic it is clarified the composition of crimes related to torture and other illegal treatment or punishment. The subjective and objective sides of the crime and the basis of qualification, as well as its problems on qualifying the crime are clearly defined

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2

Babatunde, Elkanah. "Torture by the Nigerian Police Force: International Obligations, National Responses and the Way Forward." Strathmore Law Review 2, no. 1 (January 1, 2017): 169–87. http://dx.doi.org/10.52907/slr.v2i1.99.

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Police brutality has become rife in Nigeria and is regarded by some as a normal part of police operations. This is despite the fact that the Nigerian Constitution provides for the guarantee of the right to dignity and the protection against torture and inhuman or degrading treatment. Nigeria is also party to some international treaties such as the International Covenant on Civil and Political Rights, the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment and the African Charter on Human and Peoples’ Rights which expressly prohibit torture and other cruel, inhuman and degrading treatment. This raises the question whether police brutality in Nigeria amounts to torture and / or other cruel, inhuman or degrading treatment and whether the existing legal framework sufficiently prevents and punishes the perpetrators of these acts.

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3

Başoğlu, Metin, Maria Livanou, and Cvetana Crnobarić. "Torture vs Other Cruel, Inhuman, and Degrading Treatment." Archives of General Psychiatry 64, no. 3 (March 1, 2007): 277. http://dx.doi.org/10.1001/archpsyc.64.3.277.

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4

Danelius, Hans. "Torture and Cruel, Inhuman or Degrading Treatment or Punishment." Nordic Journal of International Law 58, no. 2 (1989): 172–84. http://dx.doi.org/10.1163/157181089x00046.

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5

Voichenko, Valerii, Volodymyr Mishalov, Valerii Viun, and Davyd Valyakhmetov. "Forensic medical evaluation manifestations infliction of torture and torture and effective ways of fixation documented in the «Istanbul protocol»." Forensic-medical examination, no. 1 (May 29, 2017): 25–30. http://dx.doi.org/10.24061/2707-8728.1.2017.6.

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In the article the forensic evaluation of certain manifestations of torture and infliction of torture and other cruel, inhuman or degrading Degrading Treatment or Punishment and effective ways of fixing the documentary under the provisions of «Istanbul Protocol».

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6

Girfanova, Jelena. "THE PROHIBITION OF TORTURE, CRUEL OR DEGRADING TREATMENT OR PUNISHMENT IN CLOSED INSTITUTIONS." Administrative and Criminal Justice 1, no. 91 (December 11, 2021): 23–29. http://dx.doi.org/10.17770/acj.v1i89.4411.

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In the paper “The prohibition of torture and other cruel, inhuman or degrading punishment in closed Institutions” the author has examined the obxervasnce of persons’ in detention, custody or imprisonment human rights in the European regional acts and national instruments as well as the provision of health care for detainees and convicted persons alike.All basic human rights’ documents, namely: the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the United Nations and the European Convention for the Protection of Human Rights and Fundamental Freedoms state that “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment, degrading his or her human dignity”. All persons who have been punished, regardless of the crimes for which they were convicted, have the right to humane treatment and respect for their personality. No actions of people, whatever they may be, justify the inhuman treatment of them or the humiliation of their personality.

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7

Arcel, Libby Tata. "TORTURE, CRUEL, INHUMAN AND DEGRADING TREATMENT OF WOMEN - Psychological consequences." Psyke & Logos 22, no. 1 (July 31, 2001): 30. http://dx.doi.org/10.7146/pl.v22i1.8530.

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Artiklen diskuterer køns-specifikke torturformer, tværkulturelt, set fra et Menneskerettighedsperspektiv. Den diskuterer hovedsageligt sexuel tortur og grov, umenneskelig og nedværdigende behandling af kvinder udført af statslige magtudøvere, som politi og fængselsfunktionærer i mange kulturer. De seneste udviklinger i internationale love om kvinders menneskerettigheder som de udtrykkes i FN strategier beskrives og diskuteres. Derudover diskuterer artiklen årsagerne bag den totale straffrihed for udøvere af massiv sexuelt misbrug af kvinder under WW2, og opridser de seneste mentalitetsforandringer i opfattelsen af voldtægt af kvinder fra statslige magtudøveres side. I dag anerkendes voldtægt som tortur ifølge FN’s Konvention mod tortur. De fysiske og psykologiske konsekvenser af sexuelt misbrug opsummeres og artiklen foreslår en række forebyggende foranstaltninger på lovmæssigt, institutionelt, civilsamfunds -og individuelt niveau. Nobody asks a male torture victim whether he has consented to torture but the issue of consent is always present when a woman wants to reveal that she has been sexually abused by an official.

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8

Ustinchenko, Ihor, Volodymyr Mishalov, and Valerii Voichenko. "Case of victim torture in forensic expert practice." Forensic-medical examination, no. 2 (November 25, 2021): 96–104. http://dx.doi.org/10.24061/2707-8728.2.2021.11.

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The article contains a case of causing violent acts, namely torture, which corresponds to the section «Physical evidence of torture» of the «Istanbul Protocol». The morphological manifestations of bodily injuries are given, which are sufficiently informative for their further assessment by law enforcement agencies as manifestations of torture and torture and other cruel, inhuman or degrading treatment. Aim of the work. Forensic medical characteristics of morphological manifestations of bodily injury as manifestations of torture and torture and other cruel, inhuman or degrading treatment. Material and methods. The material of the research was the archival data of the Luhansk Regional Bureau of Forensic Medical Examination. Well-known forensic and statistical research methods were used. Results. During the forensic examination of the corpse of gr. There were at least 100 injuries in the form of numerous bruises, bruises, wounds, a strangulation furrow on the neck, and changes in the anus. Conclusion. Revealed during the forensic medical examination of the corpse of gr. M. at least 100 bodily injuries in the form of numerous abrasions, bruises, wounds, a strangulation groove on the neck and changes in the anus were identified by law enforcement agencies as manifestations of torture and torture and other cruel, inhuman or degrading treatment in accordance with the section «Physical evidence torture» of the «Istanbul Protocol».

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9

Wright, Kevin N., and David L. Cingranelli. "Inhumane, cruel, and degrading treatment of criminal prisoners throughout the world." Justice Quarterly 2, no. 3 (September 1, 1985): 345–62. http://dx.doi.org/10.1080/07418828500088601.

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10

Ustinchenko, Ihor. "A case of torture of a victim in forensic practice." Forensic-medical examination, no. 1 (May 29, 2017): 111–14. http://dx.doi.org/10.24061/2707-8728.1.2017.28.

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Speaking about violent actions, torture of other cruel, inhuman or degrading treatment and punishment under the Istanbul Protocol, we bring a specific case from the practice of forensic medical examination of the Luhansk regional bureau.

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11

Davis, Michael. "The Moral Justifiability of Torture and other Cruel, Inhuman, or Degrading Treatment." International Journal of Applied Philosophy 19, no. 2 (2005): 161–78. http://dx.doi.org/10.5840/ijap200519215.

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12

Meers, Jed. "Book Review: Cruel, Inhuman or Degrading Treatment? Benefit Sanctions in the UK." Social & Legal Studies 28, no. 5 (July 2, 2019): 722–25. http://dx.doi.org/10.1177/0964663919859772.

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13

Bales, Katie. "Michael Adler: Cruel, Inhuman or Degrading Treatment? Benefit Sanctions in the UK." Journal of Law and Society 46, no. 3 (August 18, 2019): 505–11. http://dx.doi.org/10.1111/jols.12173.

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14

Vonk, Gijsbert. "Book review: Cruel, inhuman or degrading treatment? Benefit sanctions in the UK." European Journal of Social Security 21, no. 3 (August 22, 2019): 289–91. http://dx.doi.org/10.1177/1388262719870696.

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15

Kisahi, Anati, and Rohaida Nordin. "A Move Towards UNCAT Accession by Malaysia: Challenges and Prospects." Jurnal Undang-undang dan Masyarakat 28, no. 2021 (April 2, 2021): 104–13. http://dx.doi.org/10.17576/juum-2021-28-10.

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The Convention against Torture and Other CAruel, Inhuman or Degrading Treatment or Punishment 1984 (UNCAT) which was drafted after having regard to certain international human rights instruments such as the Universal Declaration of Human Rights 1948 and the International Covenant on Civil and Political Rights 1966, is an instrument specifically drafted to put an absolute prohibition on any forms of torture, and other acts of cruel, inhuman, or degrading treatment or punishment. So far, a majority number of 169 Member States of the United Nations has become State Parties to UNCAT, save for Malaysia and some other minority Member States. Although there have been calls for Malaysia to accede to UNCAT, Malaysia has always argued and maintained its position that it is not ready for accession. Therefore, this manuscript aims: (a) to establish a backdrop to this research by identifying the meaning of “torture” and “other cruel, inhuman or degrading treatment or punishment” and State Parties’ duty under UNCAT; (b) to ascertain the challenges and potential for Malaysia in becoming a State Party to UNCAT and accordingly, to recommend the approach to be taken by Malaysia pertaining to UNCAT accession. A legal research methodology via qualitative method that uses primary sources such as international human rights instruments and secondary sources such as academic literatures, is adopted for the purpose of this article.

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16

Spasov, Svetlozar. "THE ROLE OF THE JUDICIAL EXPERTS AND THE MEDICAL EXPERTISES PREPARED BY THEM IN THE INVESTIGATION AND ESTABLISHMENT OF TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT." Knowledge International Journal 34, no. 5 (October 4, 2019): 1559–65. http://dx.doi.org/10.35120/kij34051559s.

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The promotion and protection of human rights is one of the fundamental priorities of the United Nations, the European Union and every rule of law and democracy governed country. One of the most serious violations of human rights and human dignity is torture and other forms of cruel, inhuman or degrading treatment or punishment. For decades, the international community and the European Union take a number of actions aimed at preventing and limiting this type of negative manifestations. The main ones are the adoption of international universal and regional human rights instruments and the creation of specialized jurisdictions to monitor compliance with the established legal framework. Judicial experts and their expertise play an extremely important role in the proper and effective investigation of torture and other forms of cruel, inhuman or degrading treatment or punishment. The serious importance that the international community attaches to these medical professionals and their expertise is reaffirmed in the 2004 Istanbul Protocol drawn up by the Office of the United Nations High Commissioner for Human Rights. This act establishes internationally recognized standards and principles for the effective investigation and documentation of torture and other forms of cruel, inhuman or degrading treatment or punishment, some of which relate specifically to the role of judicial experts and their medical expertise. These include: the principles of impartiality and independence of medical experts in identifying such types of offenses, the compliance of their activities with the highest ethical standards, the principle of obtaining informed consent from the person alleged to be a victim of torture before doing any research. The Istanbul Protocol also introduced standards for order in which any medical examination of victims of torture or other ill-treatment should take place, as well as on the form and structure of medical expertise.The particular emphasis placed on the role of judicial experts by the international community is completely understandable, as it is these medical professionals who make the physical and / or psychological evaluation of the victim, which is objectified in the medical expertise, medical psychiatric expertise, or medical psychological expertise. On the basis of these expertises, the investigating authorities have the opportunity to prove the causal link between the victim's bodily harm and the psycho-traumas with the alleged torture or other cruel, inhuman or degrading treatment or punishment. Medical expertise is a method of proof not only in the course of the investigation, but also in the judicial process, as the specialized knowledge of forensic experts assist the court in establishing the objective truth, as well as the victims and their lawyers in the exercise of their rights of defense.

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17

Falcon, Banuar Reuben A. "A Note on the Philippine Anti-Torture Act’s Compliance with the Convention against Torture." Asia-Pacific Journal on Human Rights and the Law 23, no. 1 (February 16, 2022): 107–24. http://dx.doi.org/10.1163/15718158-23010004.

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Abstract The Philippines had been a State party to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment for over two decades before implementing legislation was passed. This note reviews the substantive provisions of the implementing legislation and assesses whether they comply with the Philippines’ international treaty obligations.

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18

Heathcote, Louisa Elsie. "Chemical Castration: Limiting an Absolute Human Right." IKAT: The Indonesian Journal of Southeast Asian Studies 3, no. 2 (March 23, 2020): 201. http://dx.doi.org/10.22146/ikat.v3i2.52282.

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In 2016, the Indonesian government enacted Government Regulation in Lieu of Law Number 1 of the year 2016, adapted into Law number 17 of the year 2016. This regulation introduces chemical castration as a criminal sanction for child sex offenders, spurring human rights concerns. This article aims to assess whether chemical castration constitutes cruel, inhuman, or degrading treatment from the perspective of Article 7 of the International Covenant on Civil and Political Rights and whether such a human rights violation can be justified. This article employs the normative research method, studying principles of law, systems of law, the synchronization of the law, the history of the law and policies, and laws in comparison to one another. The article bases its findings on laws, books, journals, judgments, and other documents.This article finds that firstly, chemical castration constitutes cruel, degrading, or inhuman treatment and secondly, that such a violation can be justified according to the limitations of human rights. The significance of this article is the basis for the increased limitation of human rights to advance the cause of child protection.

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19

Hughes, Julian C. "Chaining, culture and values: ethical issues in research in middle- and low-income countries." British Journal of Psychiatry 212, no. 1 (January 2018): 9–10. http://dx.doi.org/10.1192/bjp.2017.4.

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SummaryA paper in this month's British Journal of Psychiatry reports on research from Ghana where some participants were exposed to chaining, which raises ethical concerns. Strict boundaries need to exist between researchers and cruel, inhuman or degrading treatment. Nevertheless, there may be things we can learn from other cultures about our own values.Declaration of interestNone.

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20

Zhurtov, Astemir Bilyalovich. "INTERNATIONAL LEGAL FRAMEWORK FOR COMBATING TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT." Journal of Applied Research 2, no. 10 (2022): 140–43. http://dx.doi.org/10.47576/2712-7516_2022_10_2_140.

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21

Moore, Isabella. "Indignity in unwanted pregnancy: denial of abortion as cruel, inhuman and degrading treatment." International Journal of Human Rights 23, no. 6 (March 22, 2019): 1010–27. http://dx.doi.org/10.1080/13642987.2019.1592160.

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22

García Cívico, Jesús. "Two-Lane Blacktop: Refugees & Torture." Age of Human Rights Journal, no. 8 (June 16, 2017): 49–66. http://dx.doi.org/10.17561/tahrj.n8.3.

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The right not to be subjected to torture or to cruel, inhuman or degrading treatment or punishment, and the right of asylum have, individually considered, an extensive field of application", but it is possible to point out some traits in common. Firsty, in both rights undelie the moral spirit of the Universal Declaration of Human Rights. At the same time, according to the recent reports of the main human rights organisations, both rights are in deep political crisis. Furthermore, is possible to see that sometimes they cross each other: there is a triple «zone of intersection between the right of asylum and the right not to suffer torture, inhuman or degrading treatment: one of the reasons for escaping from a country is to avoid suffering torture ("refuge after torture") secondly, sometimes inhuman and degrading treatment occur precisely in the process of seeking asylum ("inhuman treatment in the refuge"), finally, there are countries with strong deficiencies in their immigration policies and this can produce a perverse effect: the transfer of potential asylum seekers to countries where they are at risk of torture or inhuman treatment again ("torture or inhuman and degrading treatment after asylum").

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23

Grover, Chris. "Book Review: Michael Adler Cruel, Inhuman and Degrading Treatment? Benefit Sanctions in the UK." Critical Social Policy 40, no. 2 (May 2020): 325–27. http://dx.doi.org/10.1177/0261018319899390e.

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24

Talbott, J. A. "Torture vs Other Cruel, Inhuman and Degrading Treatment: Is the Distinction Real or Apparent?" Yearbook of Psychiatry and Applied Mental Health 2008 (January 2008): 178–79. http://dx.doi.org/10.1016/s0084-3970(08)70759-x.

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25

Kipāne, Aldona. "CONCEPT OF TORTURE IN A CRIMINAL LAW." Administrative and Criminal Justice 2, no. 79 (June 30, 2017): 28. http://dx.doi.org/10.17770/acj.v2i79.2802.

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The paper considers basic provisions about the concept of torture in a Criminal Law and characteristics of torture. Torture constitutes a serious crime with traumatic physical and psychological consequences. The ban on torture and other cruel, inhuman or degrading treatment or punishment is well articulated in national and international instruments. The paper provides analyses of various scientists, theories of Criminal Law, it also analyses the existing judicial practice.

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26

Mukherjee, Amrita. "The ICCPR as a ‘Living Instrument’: The Death Penalty as Cruel, Inhuman and Degrading Treatment." Journal of Criminal Law 68, no. 6 (November 2004): 507–19. http://dx.doi.org/10.1350/jcla.68.6.507.54143.

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This article examines the recent views of the UN Human Rights Committee on the issues related to the death penalty. Obligations under Articles 6 (the right to life) and 7 (the right not to be subjected to torture or other, cruel, inhuman and degrading treatment or punishment) are correlated. Despite widely divergent opinions within the Committee on the issue, this human rights body is moving towards strengthening the obligations of abolitionist states and, in so doing, restricting the availability of the sanction for retentionist states. This is consistent with the object and purposes approach and the nature of the ICCPR as a living instrument.

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27

Mikhailov, Igor G., and Elena G. Brunova. "Criminal Acts of the Nazi Germany Occupation Regime in the Territory of the Vyazma District of the Smolensk Region in 1941-1943." Tyumen State University Herald. Humanities Research. Humanitates 5, no. 4 (2019): 139–55. http://dx.doi.org/10.21684/2411-197x-2019-5-4-139-155.

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When numerous myths are circulating around the Great Patriotic War on the whole and around the Vyazma Pocket in particular, there is the necessity to study the specific disclosures concerning the tragic period of the occupation of the Smolensk Region by Nazi Germany that can be proved with documents. This determines the topicality of this paper. In our research, we rely on the documents kept in the Central Archives of the Russian Defense Ministry, the Governmental Archives of the Smolensk Region, as well as on the witness memoires. The purpose of this research is to study the Nazi Germany war crimes committed by the occupation regime in the territory of the Vyazma District of the Smolensk Region in 1941-1943. The results of the research demonstrate that in 1941-1943 in the territory of the nowadays Vyazma District of the Smolensk Region, Nazis and their accessories committed the full range of war crimes as defined in the four Geneva Conventions (1949): murder of all kinds, mutilation, cruel treatment and torture; humiliating and degrading treatment; public arbitrary executions; cruel and degrading treatment of prisoners of war, including the wounded and sick. For civilian persons, the whole system of horrification and oppression was created to break down their resistance; the punitive actions were taken regularly. Special cruelty and cynicism were inherent to numerous cases of burning villages together with their residents, who in the war time were mainly the old, women, and children.

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28

Hetherington, Rachael. "Book Review: Childhood Abused. Protecting Children against Torture, Cruel, Inhuman and Degrading Treatment and Punishment." International Social Work 43, no. 2 (April 2000): 268–69. http://dx.doi.org/10.1177/002087280004300215.

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29

BUEREN, GERALDINE VAN. "Opening Pandora's Box: Protecting Children Against Torture or Cruel, Inhuman and Degrading Treatment or Punishment." Law & Policy 17, no. 4 (October 1995): 377–96. http://dx.doi.org/10.1111/j.1467-9930.1995.tb00156.x.

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30

Tardti, Maxime E. "The United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment." Nordic Journal of International Law 56, no. 4 (1987): 303–21. http://dx.doi.org/10.1163/157181087x00147.

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31

Pérez-Sales, Pau, and Berta Soley. "New appointed Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment." Torture Journal 33, no. 1 (March 17, 2023): 122–23. http://dx.doi.org/10.7146/torture.v33i1.135902.

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32

Takács, Izolda. "Ius cogens human rights. The absolute right regarding prohibition of torture and the related interpretations, with particular consideration to the reservations of the United States." Pedagogika Społeczna Nova 2, no. 3 (June 7, 2022): 75–93. http://dx.doi.org/10.14746/psn.2022.3.4.

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The following paper attempts to introduce the general characteristics of the concept of torture and to describe it both as human right and criminal act. I will furthermore address the specific interpretation of the USA with regards to their reservation towards the Convention against Torture and Other Cruel, Inhu- man or Degrading Treatment or Punishment (UNCAT). Finally, the paper delineates the accountability of member states and the two methods applied to survey and prevent infringements.

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33

Oswald, Bruce ‘Ossie’. "Some controversies of detention in multinational operations and the contributions of the Copenhagen Principles." International Review of the Red Cross 95, no. 891-892 (December 2013): 707–26. http://dx.doi.org/10.1017/s1816383113000659.

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AbstractThis paper discusses three main areas of controversy relating to detention in the context of multinational operations: the relationship between international humanitarian law and human rights law; the principle of legality in the context of relying on United Nations Security Council resolutions as a justification for taking detainees; and the transfer of detainees where there is, for example, a substantial risk of torture or cruel, inhuman or degrading treatment or punishment. The paper then considers how the Copenhagen Principles address these issues.

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34

Szczygieł, Grażyna B. "Prisoners During the Pandemic." Białostockie Studia Prawnicze 26, no. 6 (December 1, 2021): 39–54. http://dx.doi.org/10.15290/bsp.2021.26.06.03.

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Abstract In connection with the COVID-19 pandemic, all countries of the world are taking actions to minimize the spread of the virus. These actions interfere with civil rights and liberties. They particularly affect convicts who serve prison sentences, as such sentences deprive them many of their rights or significantly restrict them. Recognizing the situation of prisoners at this difficult time, in March 2020, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment (CPT) issued the Statement of principles relating to the treatment of persons deprived of their liberty in the context of the coronavirus disease (COVID-19)1, while the Subcommittee on Prevention of Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment prepared Advice to States parties and national preventive mechanisms to the coronavirus disease (COVID-19) pandemic. The purpose of this paper is to determine whether our country, while taking certain actions, takes into account the recommendations contained in both aforementioned documents.

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35

Fernandez, Lovell, and Lukas Muntingh. "The Criminalization of Torture in South Africa." Journal of African Law 60, no. 1 (September 16, 2015): 83–109. http://dx.doi.org/10.1017/s0021855315000224.

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AbstractThis article describes the politics related to the criminalization of torture in South Africa. It studies the differences between torture as an international crime and as a crime under international human rights law. The South African anti-torture law is analysed and critiqued against the standards and provisions set out in the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The article recommends amendments to the South African law, aimed at making the combating of torture more effective.

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36

Menshikov, P. V., and L. K. Mikhina. "The perniciousness of discussions on the reconsideration of international law in the ﬁeld of protection from torture in the global media space." Journal of Law and Administration 17, no. 4 (February 21, 2022): 20–32. http://dx.doi.org/10.24833/2073-8420-2021-4-61-20-32.

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Introduction. The article reveals the inconsistency of the tendency in the international media space to question the universal principles of international law on the example of the discussion on the preservation of the provision of protection against torture and other cruel, inhuman or degrading treatment and punishment of people in the context of global terrorist threats. The activity of international governmental and nongovernmental organizations in the ﬁght against torture is analyzed. The main emphasis is placed on the peculiarities and law enforcement practice of international legal legislation in the area of prohibition of the use of torture. Problems related to the prevention and spread of torture are studied, the dynamics of the development of national legislation in some states regarding the legalization of torture is examined, an example of violation of the prohibition of torture is given, as well as the position of the European Court of Human Rights regarding the use of torture.Materials and methods. The author of the article carries out a systematic analysis, comparative and formal legal methods of international legislation against torture and other cruel, inhuman or degrading treatment or punishment. Scientiﬁc and general scientiﬁc methods of cognition of the speciﬁcs of international legal legislation in the ﬁeld of prohibition of the use of torture and the death penalty as a capital punishment, - namely descriptive, - are applied in this article.Results. For several decades, a system of international law has been created, which has given an interpretation of the concept of "torture", has introduced a complete ban on the use of torture and other cruel, inhuman or degrading treatment or punishment. The prohibition of torture is absolute. Torture is prohibited by international law, the laws of most countries in the world, the UN Convention against Torture, the Geneva Conventions and other international documents. This prohibition is absolute and does not allow any exceptions, which, however, is not always the case, giving rise to national and world media outlets to intensify discussions on the admissibility of revising these norms of international law in the interests of countering terrorist threats.Discussion and Conclusion. Despite the development of legislation in the ﬁeld of combating torture, there are a number of problems of compliance with this norm of international law. Among them: the problem of deﬁning the concept of "cruel, inhuman or degrading treatment or punishment", the problem of violation of international legal acts in this area, the ethical factor in the use of torture and others. An important problem is the issue of classifying the death penalty as the highest measure of torture and punishment, discussions about which will continue for a long time. In this situation, the important priority areas of the UN and other international organizations are the ﬁght against the use of torture, the call for the introduction of a complete ban on torture, the strengthening of guarantees of the rights of citizens to be protected from them or the right to humanitarian, economic and psychological assistance in the event of torture in relation to him, encouraging the conduct of awareness-raising activities at the civil level, explaining their unconditional legislative prohibition, immorality and inhumanity. An important task for all states is to continue work to achieve a universal and complete prohibition of torture, protect the rights of citizens and build an inclusive, multilateral and trusting dialogue between all states, members of international organizations, as well as its provision at the federal, regional and local levels with the use of information and communication media policy tools and with the participation of the entire civil society.

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Walter, Marguerite C. "R v. Reeves Taylor (U.K. Sup. Ct.)." International Legal Materials 59, no. 6 (November 23, 2020): 1023–53. http://dx.doi.org/10.1017/ilm.2020.55.

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On November 13, 2019, the U.K. Supreme Court issued a judgment in R v. Reeves Taylor, holding that members of non-state armed groups may, under certain circumstances, qualify as “officials” for purposes of § 134(1) of the Criminal Justice Act of 1988 (CJA). The Court's decision and reasoning represent an important contribution to case law interpreting the scope of the UN Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) as concerns conduct by individuals who are not public officials at the time of the alleged abuse.

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Guevara-Ríos, Enrique. "THE GIRLS VICTIMS OF SEXUAL ASSAULT AND THE RIGHT TO ACCESS THERAPEUTIC ABORTION." Revista Peruana de Investigación Materno Perinatal 12, no. 3 (October 30, 2023): 7–8. http://dx.doi.org/10.33421/inmp.2023385.

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In 2001, 17-year-old KL was pregnant with an anencephalic fetus, which posed a risk to her physical and mental health, and she was denied therapeutic abortion care at a national hospital. Her case was subsequently reported to the Human Rights Committee, which in 2005 ruled that KL had been subjected to cruel, inhuman, and degrading treatment, had been denied the right to privacy, and special consideration as a minor; and that the Peruvian State "has the obligation to adopt measures to prevent similar violations in the future."

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Haq, Inamul. "Kashmir Conflict and the Advent of Torture: An Overview." Randwick International of Social Science Journal 1, no. 1 (April 25, 2020): 42–52. http://dx.doi.org/10.47175/rissj.v1i1.9.

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Modern states have built burgeoning detention facilities like immigration centers, prisons and police cells that engage in torture and other cruel, inhuman treatments. The law enforcement agencies engage in torture and other cruel, inhuman and degrading treatment or punishment in the name of counter- terrorism, security threats and soon. The state uses torture and makes it clear that enhanced interrogation techniques makes a person from kidnapping to extra-ordinary rendition, from citizen to unlawful enemy combatant and from human to terrorist. The valley of Kashmir faces torture and other cruel inhuman treatments since insurgency began in 1990’s, with violent uprising and have elicited terrorism. Methods like torture is used as a tool of counter- insurgency by Indian security forces. The government of India used all efforts to crush the movement of self- determination of Kashmir. The strong response from India violates the human rights and international humanitarian laws. The law enforcement agencies, army and para- military forces have engaged in reprisal attacks against civilians resulting in indiscriminate firing, search operations, gang-rapes and burning of houses in the valley. After 1990, the situation in the Kashmir valley deteriorated and Kashmir was declared a disturbed area and laws like Disturbed Area Act (DAA) 1990, Armed Forces Special Powers Act (AFSPA) 1990 and Public Safety Act (PSA) 1978 were imposed. The purpose of the paper is to examine the concept of Torture in Kashmir valley and bring to light the plight of the victims in the valley.

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Grenfell, Laura, and Steven Caruana. "Are we OPCAT ready? So far, bare bones." Alternative Law Journal 47, no. 1 (January 23, 2022): 54–59. http://dx.doi.org/10.1177/1037969x211065185.

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After ratifying the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) in December 2017, Australia has had four years to prepare its National Preventive Mechanisms. Noting the deadline of January 2022, this article surveys the OPCAT-readiness of Australian jurisdictions. OPCAT aims to prevent ill-treatment in closed environments where people are deprived of their liberty through proactive and independent monitoring. The article observes that some Australian jurisdictions are not ready while others are taking a ‘bare bones’ approach to meeting Australia’s OPCAT obligations, and hence not paying adequate attention to the objects of the treaty.

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Herr, Stanley S. "Human Rights and Mental Disability: Perspectives on Israel." Israel Law Review 26, no. 2 (1992): 142–94. http://dx.doi.org/10.1017/s0021223700010906.

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The human rights of persons with mental disabilities represents a frontier area for legal protection. The content and means of enforcing their rights have become topics of both scholarly and popular concern. For two decades, the international community has grappled — somewhat fitfully — with the human rights norms that should guide nations in their care and treatment of these vulnerable groups. International concern has focused not only on problems of arbitrary detention and cruel, inhumane or degrading treatment, but on issues of institutionalization, sterilization, and a broad array of education, treatment and welfare services.In many countries, obsolete legislation and service delivery models have hindered the realization of both negative and affirmative (“positive resource claims”) human rights.

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ABDIKENOV, Duman B., and Yerzhan M. BIMOLDANOV. "Aspects of the Legal Support of Preventing Torture in the Activities of Law Enforcement Bodies." Journal of Advanced Research in Law and Economics 10, no. 2 (March 31, 2020): 426. http://dx.doi.org/10.14505//jarle.v10.2(40).01.

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The authors of the article have disclosed the specifics of criminal liability for committing torture in accordance with the current legislation of Kazakhstan. They have considered theoretical and legal aspects of the criminal protection of constitutional rights not to be a victim of torture, violence, other cruel or degrading treatment and punishment through the prism of international legal support for preventing torture in the activities of law enforcement bodies. The authors have defined the main criminal and criminological characteristics of the criminal offense provided for in Article 146 of the Criminal Code of Kazakhstan. Using the method of dialectical cognition and formal logical methods, the authors have taken certain steps to comprehend the phenomenon of torture, its social and legal characteristics in modern society and the law enforcement system of independent Kazakhstan. The authors have made an attempt to analyze the substantive and terminological essence of this negative phenomenon, conducted a comparative analysis of the criminal legislation of Kazakhstan and the main international laws in the field of protecting inalienable human and civil rights from torture and other cruel, inhuman or degrading treatment and punishment. In addition, this scientific article reveals some inconsistencies in the documents implemented by Kazakhstan and presents proposals for their elimination. The study results and conclusions drawn contribute to the theoretical enrichment and expansion of scientific ideas about torture as a crime, develop approaches and views forming the concept of preventing such criminal offenses and ensure the further development of scientific ideas in the field of criminal law and criminological support for preventing torture in the activities of police officers.

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Greer, Steven. "Is the Prohibition against Torture, Cruel, Inhuman and Degrading Treatment Really ‘Absolute’ in International Human Rights Law?" Human Rights Law Review 15, no. 1 (January 29, 2015): 101–37. http://dx.doi.org/10.1093/hrlr/ngu035.

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Isaac, Jeffrey C. "The Rule of Law, Democracy, and Intelligence." Perspectives on Politics 11, no. 4 (December 2013): 1007–10. http://dx.doi.org/10.1017/s153759271300279x.

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I began drafting this Introduction on July 30, 2013, the day that Bradley (now Chelsea) Manning was convicted on 19 of 21 charges, including 6 counts of espionage, in a U.S. military court martial. Manning is a former U.S. Army intelligence analyst who covertly conveyed to WikiLeaks a massive file of over 700,000 classified documents—including battlefield reports from Iraq, reports from Afghanistan, and State Department cables—thereby publicly disclosing extensive information about U.S. military conduct, and misconduct, of the wars in Iraq and Afghanistan. Manning was subjected to harsh treatment, including solitary confinement during the first nine months of his detention, sparking public outcry and leading a UN Special Rapporteur on Torture to hold that his detention represented cruel, inhuman, and degrading treatment.

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den Otter, Joost Jan, Yolba Smit, Loreine B. dela Cruz, Önder Özkalipci, and Resmiye Oral. "Documentation of torture and cruel, inhuman or degrading treatment of children: A review of existing guidelines and tools." Forensic Science International 224, no. 1-3 (January 2013): 27–32. http://dx.doi.org/10.1016/j.forsciint.2012.11.003.

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Moreno, Alejandro. "Torture and Its Definition in International Law—An Interdisciplinary Approach, by Metin Başoğlu." Torture Journal 29, no. 1 (May 22, 2019): 136–38. http://dx.doi.org/10.7146/torture.v29i1.111733.

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Torture and Its Definition in International Law—An Interdisciplinary Approach was edited by Metin Başoğlu, and written by him and another sixteen experts in the medicolegal aspects of torture and cruel, inhuman, or degrading treatment or punishment (CIDT/P). The book has 506 pages and 16 chapters, which are organised into four parts: “Behavioral Science Perspectives”; “International Law Perspectives”; “Enhanced Interrogation Techniques: Definitional Issues”; and “Discussion and Conclusions”. The book is for health, legal and human rights professionals, beyond just those just working with victims of torture and CIDT/P, and is of interest to those who work with victims of other violent crimes, such as child abuse, interpersonal abuse, and forced displacement. The book raises many important questions.

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Szpak, Agnieszka. "A Change of the u.s. Position Regarding the Extraterritorial Prohibition of Torture – Is It a Breakthrough?" International Community Law Review 17, no. 4-5 (October 22, 2015): 496–510. http://dx.doi.org/10.1163/18719732-12341316.

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The author presents and analyses u.s. position regarding the extraterritorial application of the prohibition of torture before and after the change that occurred in November 2014 the Committee Against Torture. At that forum the u.s. stated that the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984 applies to “all places that the State party controls as a governmental authority”. This new test immediately gave rise to a lot of controversies and discussions on its exact meaning. As the author indicated it seems to be narrower than the test of effective control adopted in the jurisprudence of the European Court of Human Rights. The article also contains the review of this jurisprudence.

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48

Zangeneh, Parisa. "‘The Gloves Came Off’: Torture and the United States after September 11, 2001." International Human Rights Law Review 2, no. 1 (2013): 82–119. http://dx.doi.org/10.1163/22131035-00201003.

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This article examines the use of ‘enhanced interrogation techniques’ in the context of international legal obligations under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984 (CAT) and the domestic implementation of the international prohibition of torture into United States (US) law under 18 United States Code Sections 2340-2340A. The legal basis for the interrogation programme was a series of contentious legal memoranda written by Department of Justice Office of Legal Counsel lawyers.1 This article examines whether the memo drafters ought to be investigated for incurring criminal liability for the consequences of their memoranda, namely under CAT and Sections 2340-2340A and what has unfolded under President Obama’s administration.

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Śliwiński, Emil. "O ochronie przed maltretowaniem na podstawie VIII Poprawki do Konstytucji Stanów Zjednoczonych w odniesieniu do art. 3 Europejskiej konwencji praw człowieka." Przegląd Sejmowy 2(169) (2022): 151–80. http://dx.doi.org/10.31268/ps.2022.103.

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The article focuses on the protection against ill-treatment, as stipulated in the Amendment VIII to the United States Constitution in relation to the similar guarantee provided by Article 3 of the European Convention on Human Rights. Using the case-law of the U.S. courts, the author analyses the meaning of words used in the Amendment VIII („cruel and unusual punishment”) in relation to their counterpart in the Convention („torture” and „inhuman or degrading treatment or punishment”). The use of particular words in the Amendment VIII causes a limitation of the protection against ill-treatment in the U.S. to criminal proceedings. In the subsequent part the author discusses two typical instances of use of the Amendment VIII: disproportional punishment and overstepping limits of criminalisation. The problem of compensation for ill-treatment is also described. The analysis of the aforementioned issues leads to the conclusion that the U.S. legal system offers a lower standard of protection against ill-treatment than its European counterpart.

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McAdam, Jane, and Fiona Chong. "Complementary Protection in Australia two Years on: An Emerging Human Rights Jurisprudence." Federal Law Review 42, no. 3 (September 2014): 441–83. http://dx.doi.org/10.22145/flr.42.3.2.

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Since 24 March 2012, asylum seekers whose claims are processed in Australia have been able to claim protection on broader grounds than those contained in the Refugee Convention. This is known as ‘complementary protection’. Complementary protection provides protection to those who face a real risk of arbitrary deprivation of life, the death penalty, torture, or cruel, inhuman or degrading treatment or punishment if removed from Australia. This article provides an in-depth analysis of complementary protection in its first two years of operation in Australia. It examines: (a) the kinds of factual scenarios giving rise to complementary protection; (b) case law developments in relation to the content of, and exceptions to, the complementary protection criteria; and (c) the extent to which Australia's approach reflects international practice.

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