Relevant bibliographies by topics / Custodial torture

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Academic literature on the topic 'Custodial torture'

Author: Grafiati
Published: 18 May 2024

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Journal articles on the topic "Custodial torture"

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Vohra, Vijay Kumar, Deep Rattan Mittal, Harish Kumar S. Agarwal, Dildar Singh, and Shamsher Malik. "Custodial Torture: A Two Years Prospective Study." Medico-Legal Update 19, no. 2 (2019): 307. http://dx.doi.org/10.5958/0974-1283.2019.00193.2.

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Patowary, A. J. "Autopsy in Cases of Custodial Torture: Indian Perspective." Journal of Indian Academy of Forensic Medicine 39, no. 2 (2017): 190. http://dx.doi.org/10.5958/0974-0848.2017.00038.0.

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Hai, Mingming. "ACTION OF CHINESE COURTS WITH THE ANTI-TORTURE LEGAL OBLIGATION UNDER THE UNITED NATIONS CONVENTION AGAINST TORTURE: A SOCIO-LEGAL NARRATIVE CRITIQUE ANALYSIS OF APPLICATION OF LAW AND LEGAL REASONING." Journal of Law and Sustainable Development 12, no. 2 (February 23, 2024): e3239. http://dx.doi.org/10.55908/sdgs.v12i2.3239.

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Background: The most of critique is based mainly on the previous literature, namely, that Chinese dynamic institutional structures’ silence may have exacerbated the miscarriage of justice and obtain illegal evidence in criminal proceedings in China. However, the fact that torture to extract confessions and maltreatment of prisoner’s cases involve judicial decision-making by Chinese hierarchical courts has been disregarded. Objective: Taking China's outward telling and internal judicial reforms as starting positions, the article focuses on address the knowledge gap that torture to extract confessions and maltreatment of prisoner’s cases involving the application of law and legal reasoning regarding how Chinese domestic courts' actions is related to the interpretation of torture and domestic compliance with international conventions. The causes of action include torture to extract confessions, maltreatment of prisoners in criminal scenarios, and cases of cruel, inhuman, or degrading treatment or punishment involving detention in police custody (garde a vue) and outside custodial settings. The article also examines how Chinese hierarchical courts have implemented their judicial practice in accordance with international obligations to prohibit and prevent torture under United Nations Convention against Torture. Methods: Process tracing is a qualitative research method that examines causal processes connecting results to potential causes form socio-legal perspectives, focusing on varying time stages. It is essential for within-case analysis based on qualitative data. Implication: This article highlights the intricate relationship between the definition of torture in law in context in UNCAT and treaty compliance by China domestic court, addressing flaws in previous court decisions and responding to those points of view to gain a more in-depth understanding of the dynamics underlying cases of confessions extracted under torture, ill-treatment in prisons and outside custodial settings (garde a vue) in China's criminal judicial system.
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DeVos, Christian, Rayan N. Kaakati, Joshua Martins-Caulfield, and Michele Heisler. "Torture beyond carceral settings against individuals from marginalized communities: the important role for clinical documentation." Torture Journal 33, no. 2 (August 8, 2023): 157–67. http://dx.doi.org/10.7146/torture.v33i2.135272.

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This Perspective piece builds on recent scholarship that has begun to explore extra-carceral governmental actions that constitute torture or ill treatment of socially and economically marginalized populations. We advocate for a more contextual approach to the understanding of what constitutes torture or ill treatment, and, consequently, a more expansive interpretation of states’ obligations to prohibit and prevent it under international law. Following this more contextual approach, we describe several case examples of abuse directed at various marginalized communities that might constitute torture. These examples further unsettle the conventional understanding of torture that is focused on carceral and custodial settings to one that encompasses more systemic, routine forms of abuse that disproportionately affect economically and socially marginalized groups. Finally, we offer recommendations for how clinicians and health and human rights researchers, in particular, can better elucidate the links among torture, poverty, and vulnerability to hold perpetrators accountable and help states develop laws, policies, and other measures to prevent the perpetration of state-promoted or sanctioned acts of torture or ill treatment.
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Kelly, Tobias. "The Struggle Against Torture: Challenges, Assumptions and New Directions." Journal of Human Rights Practice 11, no. 2 (July 1, 2019): 324–33. http://dx.doi.org/10.1093/jhuman/huz019.

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Abstract This short essay offers a broad and necessarily incomplete review of the current state of the human rights struggle against torture and ill-treatment. It sketches four widespread assumptions in that struggle: 1) that torture is an issue of detention and interrogation; 2) that political or security detainees are archetypal victims of torture; 3) that legal reform is one of the best ways to fight torture; and 4) that human rights monitoring helps to stamp out violence. These four assumptions have all played an important role in the history of the human rights fight against torture, but also resulted in limitations in terms of the interventions that are used, the forms of violence that human rights practitioners respond to, and the types of survivors they seek to protect. Taken together, these four assumptions have created challenges for the human rights community in confronting the multiple forms of torture rooted in the deep and widespread inequality experienced by many poor and marginalized groups. The essay ends by pointing to some emerging themes in the fight against torture, such as a focus on inequality, extra-custodial violence, and the role of corruption.
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Baer, Andrew S. "The Men Who Lived Underground: The Chicago Police Torture Cases and the Problem of Measuring Police Violence, 1970-2016." Journal of Urban History 44, no. 2 (February 2, 2017): 262–77. http://dx.doi.org/10.1177/0096144217691770.

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Historical data on the use of force by police officers in the United States are unreliable or nonexistent. Available data, moreover, focus primarily on the behavior of patrolmen on the streets while neglecting violence by detectives during criminal investigations. Through an examination of a police torture scandal in Chicago from the early 1970s through the late 1990s, this article explains why violence during custodial interrogation often goes undocumented. In Chicago, the primary method of discovering, correcting, or preventing custodial abuse—pretrial motions to suppress statements—proved inadequate. By including the work of detectives, this article argues that a true measurement of police violence, impossible in practice, would likely be much higher than official data suggest.
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Shukla, Ravi Prakash. "FROM JUDICIAL TO LEGISLATIVE MEASURES TAKEN TO PREVENT CUSTODIAL VIOLENCE." Dogo Rangsang Research Journal 12, no. 09 (2022): 01–06. http://dx.doi.org/10.36893/drsr.2022.v12i10n01.001-006.

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The different forms of torture that a person who is in jail, police custody, or court custody experiences for a variety of reasons is referred to as "custodial violence." The goal of the current investigation is to identify the source. the different factors that contribute to custody abuse and the remedies available for this serious injustice prevented. Custodial violence appears to be a severe issue in emerging nations like India since the majority of People still don't know much about the several laws that safeguard their fundamental human rights. Despite the fact that the National Human Rights Commission's formation has established a framework wherein can be readily acquired by the impoverished and defenceless victims, yet many cases of custodial violence Due to ignorance, there have been no reports of violence. Police violence against suspects, those under investigation, and people who have been convicted has been rising at an alarming rate, despite expectations that law enforcement organisations will uphold law and order and defend people's rights. Even though these victims are protected by several international agreements, constitutional protections, and legislative restrictions, their inhumane treatment continues. In this situation, a research that aims to educate the general public on the legal options open to victims of custodial abuse is urgently needed. This research aims to gather data and attempt to estimate the total amount of crime in the nation while also doing a doctrinal analysis of various examples of custodial brutality in India.
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Lokaneeta, Jinee. "Creating a Flawed Art of Government: Legal Discourses on Lie Detectors, Brain Scanning, and Narcoanalysis in India." Law, Culture and the Humanities 14, no. 3 (November 21, 2014): 420–38. http://dx.doi.org/10.1177/1743872114559881.

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In this article, I analyze the legal discourses surrounding three scientific techniques – lie detectors, brain scans, and narcoanalysis – that are currently being used in criminal investigations in India. I focus on two main themes: First, I analyze the significance of these techniques emerging in a context where custodial torture and deaths occur routinely; Second, I explore the role of the courts in assessing the techniques that were presented as an explicit shift in the mode of state power. I suggest that the legal discourses can be read as indicative both of a liberal state’s desire to modernize as well as its specifically postcolonial nature. I argue that contrary to the contention of the courts that the use of these techniques would replace torture in investigations, the edifice defended by the courts actually reflects a flawed attempt at an art of government.
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Pérez-Sales, Pau. "COVID-19 and torture." Torture Journal 30, no. 1 (June 8, 2020): 3–4. http://dx.doi.org/10.7146/torture.v30i1.120859.

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Over the past few weeks, and with the Editorial already at completion, the COVID-19 pandemic has invaded our lives. Its systemic impact has affected, and continues to affect in equal measure the provision of rehabilitation to victims of torture. Amongst the many areas in which COVID-19 has impacted the field of prevention and rehabilitation of torture survivors, at least 8 areas of concern can be highlighted. 1. Attacks on basic fundamental rights and unnecessary increase in social control measures (Human Rights Watch, 2020a) 2. Increases in cases of ill-treatment or torture linked to the pandemic itself. For instance, various media sources have reported cases related to the dissemination of information in countries where this was considered to be against the interest of the State (Wang, 2020; Human Rights Watch, 2020b; Amnesty International, 2020a) 3. Respect for the rights of detainees and COVID preventive measures in detention settings that are compliant with human rights (Council of Europe, 2020; OHCHR, 2020; Council of Europe, 2010) and especially amnesty processes for political prisoners or the use non-custodial measures (Comninos, 2020; Amnesty International, 2020b). 4. Increases in cases of gender-based violence (Ford, 2020; UNFPA, 2020; UN Women, 2020) and assaults on homeless populations (Phasuk, 2020; Hartley, 2019), both related to fear and isolation. 5. Relapse of symptoms, especially night mares, flashbacks and somatic symptoms, in survivors that were ill-treated or tortured while in custody, due to COVID- related self-confinement or measures of medical isolation. 6. The reshaping of society: Will there be a change in values towards more egalitarian, empathetic and supportive societies? Or an evolution towards a more fearful society with an increasing lack of solidarity as fear instils? 7. The use of warlike metaphors (the “war” on the Coronavirus) as a prelude to restrictions in freedoms, censorship or authoritarianism in the name of the collective good (Human Rights Watch, 2020a). 8. Cutting budget allocations for the most disadvantaged, vulnerable groups in general and survivors of torture specifically, in favour of security policies or market-based post-COVID decisions (UNDP, 2020; European Council, 2020). These are some of the many areas of reflection on COVID-19 as a global crisis in the field of human rights and the prevention of torture and rehabilitation of torture victims. Torture Journal invites our readers to share your experiences, reflections, research and data in the form of a Letter to the Editor, News or Research Report for inclusion in future issues of the Journal. This is a global crisis which may, in turn, foster a shared learning opportunity for all.
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Gupta, Vibhor, and Dr Sachin Rastogi. "Clinical Legal Aid Clinics of Law Colleges for Human Rights and Dignity." Journal of Pharmaceutical Research and Innovation 2, no. 2 (July 12, 2022): 1–4. http://dx.doi.org/10.36647/jpri/02.02.a001.

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Clinical legal aid in law schools and universities should be taken seriously by universities because it provides a platform for resolving the problems of the oppressed, women, children, and other people in need of legal aid that also pertains to human rights. Legal Aid Clinics may be the most authentic source of the dissemination of information pertaining to human rights and human dignity, custodial deaths, torture, and IPR violations. The following topics will be discussed in this research paper: Appointment of Advocates in Law College Faculty for Management of College Legal Aid Clinics; Organization of Legal Aid Clinics in Villages and Jail Visits; Regular Visits of Students and Professors in Jails and Police Stations Index Terms : — Human Dignity, Human Rights, Legal aid clinics.
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Dissertations / Theses on the topic "Custodial torture"

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Tiwari, Ganesh. "Legal regime against custodial torture in India." Thesis, University of North Bengal, 2009. http://hdl.handle.net/123456789/1400.

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Books on the topic "Custodial torture"

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Forman Christian College (Lahore, Pakistan). Centre for Public Policy and Governance, ed. Policing, custodial torture and human rights: Designing a policy framework for Pakistan. Islamabad: Centre for Public Policy and Governance, 2013.

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Aston, Joshua N. Torture Behind Bars. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190120986.001.0001.

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Although considered an ancient concept, torture is still practised globally, and with more meticulousness and sophistication than ever before. Custodial violence refers to a form of torture that is experienced physically, psychologically, or emotionally in the custody of a lawful authority. The international legal regime on torture is an area of convergence between international human rights law and humanitarian law, both of which condemn torture in any form. Torture Behind Bars analyses the context of torture and ill-treatment of prisoners and crimes committed by the members of the police force. This may be in the form of custodial violence, or may begin from the point of detention and continue to the point of post-custody. The author reviews the role and accountability of the police force in India in the light of the reports of various national and international human rights committees, non-governmental organizations, and other independent reports. The book highlights several such cases which blatantly disregard the law meant for upholding the human rights and dignity of the individuals.
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Das, Chaity. Another Front, Another War. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199474721.003.0003.

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This chapter marks the gendered division of memoirs and testimonies that have been attempted in this book. This is based on the assumption that women and men experienced the war differently and found themselves in different situations and roles. When they become the author of their own stories, the gendered nature of war itself becomes clear. While memoirs are written by middle class women, testimonials are more diverse. This chapter also studies in detail the work done on victims of wartime rape (birangonas), custodial torture, and sexual violence in Bangladesh. Worls of authors such as Jahanara Imam and Guhathakurta are examined. While certain aspects are problematized, the chapter ends with the testimony of Firdausi Priyobhashini taken and translated by the author herself, pointing towards what is meant when one talks of the unfinished and unquiet commemorations of 1971.
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Lapidge, Michael. Introduction. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198811367.003.0001.

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Introduction: The forty passiones translated in this volume represent a genre of Christian-Latin literature that has seldom attracted attention and is poorly understood; yet in sum they constitute a remarkable body of literature composed during the period between 425 and 675, and provide valuable evidence of the sentiments and beliefs of ordinary Christians of that time — their aversion to pagan practices, their admiration for virginity, their firm commitment to orthodoxy — as well as evidence for the machinery of Roman legal procedure. Since the passiones appear to have been composed by the clerics who were custodians of the martyrial churches and shrines in Rome, in response to the ever-increasing volume of pilgrim traffic to these shrines, and since these clerics appear not to have received the benefit of the highest grade of Roman education, they provide first-hand evidence for the sub-élite Latin of the time. The passiones are works of pure fiction: they abound in absurd errors of chronology, and of the Roman magistrates who figure in them, very few can be identified (this is one of the reasons why the passiones have largely been ignored by historians of late antiquity). Of the forty passiones, some twenty-one treat martyrs who are attested in sources earlier than c. 384, and who may be considered ‘authentic’ martyrs (which is not to say that the descriptions of their arrest, trial, torture and execution — which are often described in ludicrous terms — are similarly ‘authentic’). The remaining passiones treat persons concerning whom there is no reliable evidence that they were martyrs: some are the names of pious persons who donated property to the church; others are the result of pure invention. In any case, there is very little evidence that large numbers of Christians were martyred at Rome in the period before the ‘Peace of the Church’ (c. 312): certainly not the large numbers implied by the fictional passiones. No records of trials of Christians from the period before c. 312, so for their accounts of the trials the authors of the fictitious passiones were obliged to model their accounts on genuine accounts of trial proceedings involving Christians in proconsular Africa (the so-called acta proconsularia); but many features of the trials described in the passiones are imaginary: for example, the lengthy debates between the presiding magistrate or judge and the martyr on questions of Christian belief (the virtues of virginity, the evils of paganism), some of which devolve into lengthy sermons by the martyrs. In any case, the martyrs in the passiones never succeed in converting the judge, and are accordingly sentenced to torture (often described in excruciating, and sometimes absurd, detail) and execution. In most passiones, the bodies of the martyrs are recovered by pious Christians and buried in identifiable shrines (usually in suburban cemeteries).
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Book chapters on the topic "Custodial torture"

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Biswas, Gautam. "Torture and Custodial Deaths." In Review of Forensic Medicine and Toxicology, 315. Jaypee Brothers Medical Publishers (P) Ltd., 2010. http://dx.doi.org/10.5005/jp/books/10737_33.

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Biswas, Gautam. "Torture and Custodial Deaths." In Review of Forensic Medicine and Toxicology (Including Clinical and Pathological Aspects), 446. Jaypee Brothers Medical Publishers (P) Ltd., 2015. http://dx.doi.org/10.5005/jp/books/12589_34.

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Aston, Joshua N. "Response of India towards Torture and Custodial Violence." In Torture Behind Bars, 81–149. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190120986.003.0005.

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The chapter deals with the legal framework in India against torture and custodial violence and the response and role of the Indian police force in such crimes. It also gives statistical data on violence taking place in the country at the hands of the police and armed forces. It provides a summary of the report of the United Nations Special Rapporteur on arbitrary and extra-judicial executions. The chapter also discusses the right to protection against torture and the views and verdicts of the Supreme Court of India, and highlights the role of statutory bodies and commissions such as the Law Commission of India and the National Police Commission in preventing torture and custodial violence. Therefore, this chapter has reference to several laws of the country and the Constitution of India and its provisions, and it cites some cases and Supreme Court rulings for preventing torture and custodial violence, which provides India’s response towards the prevention of torture and custodial violence and protecting victims as well as every citizen from such crimes.
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Aston, Joshua N. "Policing in India and the Status of Human Rights." In Torture Behind Bars, 52–61. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190120986.003.0002.

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This chapter deals with the policing system in India, the police acts and various other related acts enforced in the country, and the status of human rights of the accused or the person in detention. There have been frequent incidents of violation of human rights and complaints against the use of torture, third-degree methods, illegal detention, custodial deaths, assaults, and fake encounters, which have been reported by the media. There are numerous instances of reported custodial crimes and terrible cases of the use of third-degree methods, harassment, and misuse of power, position, and authority. This chapter discusses such serious violations of human rights of the accused and imprisoned by way of arrest, third-degree methods, unwarranted summoning of people/suspects to the police station, and various other custodial crimes. The chapter also discusses the provision of bail in non-bailable offences and handcuffing in the country. It highlights the role of the National Human Rights Commission and its relation with the police system and upholding of human rights.
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Biswas, Gautam. "Chapter-33 Torture and Custodial Deaths." In Review of Forensic Medicine and Toxicology, 393–96. Jaypee Brothers Medical Publishers (P) Ltd, 2012. http://dx.doi.org/10.5005/jp/books/12255_33.

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Kumar, Adarsh, Thejaswi HT, and PC Sarmah. "Human Rights, Custodial Torture and Deaths." In Modern Textbook of Forensic Medicine and Toxicology, 496. Jaypee Brothers Medical Publishers (P) Ltd., 2014. http://dx.doi.org/10.5005/jp/books/12350_30.

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Biswas, Gautam. "Chapter-33 Torture and Custodial Deaths." In Review of Forensic Medicine and Toxicology, 393–96. Jaypee Brothers Medical Publishers (P) Ltd., 2012. http://dx.doi.org/10.5005/jp/books/11721_33.

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Aston, Joshua N. "International Legal Framework in Prohibition of Torture and Custodial Violence." In Torture Behind Bars, 1–51. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190120986.003.0001.

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The focus of this chapter is on the various international legal frameworks and regional instruments, which include all major international conventions and regional organizations that work towards preventing any kind of torture and violations of the human rights of individuals, including people in detention. The chapter looks at the provisions of these international legal frameworks in preventing torture of those under detention or accused of any offence and upholding their rights as per law. It provides a detailed overview of various conventions that have been enforced to prevent torture and enforced detention in any form across the world.
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Patowary, Amar. "Autopsy in Cases of Torture and Custodial Deaths." In Recent Advances in Forensic Medicine and Toxicology (Volume 2), 503. Jaypee Brothers Medical Publishers (P) Ltd., 2018. http://dx.doi.org/10.5005/jp/books/14137_20.

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Aston, Joshua N. "Narco-analysis." In Torture Behind Bars, 62–70. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190120986.003.0003.

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This chapter mainly focuses on the use of narco-analysis tests on accused/suspects during the investigation and its legality in the country. Although tests like narco-analysis do not have any legal validity, as the responses or confessions from a semi-conscious person are not admissible in court, these tests are still undertaken by the police during investigations. The tests are not 100 per cent accurate. The chapter discusses about the process of the narco-analysis test and discusses its legality under the provisions of the Constitution of India and various other legislations enforced in India, such as the Code of Criminal Procedure, 1973 (CrPC) and Indian Evidence Act, 1872. Further, it critically assesses the narco-analysis test in terms of its adverse effects on one’s health, the accuracy of the test, violation of rights, and mental torture. The narco-analysis test may be a useful and viable tool for investigation and to find information in a potential case rather than using third-degree or custodial violence by the police, but it should also not violate the right of the accused as guaranteed by the Constitution.
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