Journal articles: 'Torture and cruel, inhuman and degrading treatment'

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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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YAMELSKA, Khrystyna. "The legal meaning of the terms "torture", "inhuman treatment or punishment", "degrading treatment or punishment" and their distinction in the decisions of the European commission of human rights and the European court of human rights." Economics. Finances. Law, no. 6 (June 18, 2021): 26–33. http://dx.doi.org/10.37634/efp.2021.6.6.

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The paper reveals the legal meaning of the terms "torture", "inhuman treatment or punishment", "treatment or punishment that degrades human dignity". A distinction between these concepts is made on the examples of court decisions of European courts, taking into account the individual circumstances of each case. The genesis of the origin of the above concepts is investigated through a prism of the decisions of the European Commission of Human Rights and the European Court of Human Rights. The paper reveals the absolute nature of the "jus cogens" norm of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The author proposes to modernize the Ukrainian criminal legislation on the reception of the position of the European Court of Human Rights on the delimitation of these concepts. In contrast to the European convention regulation of ill-treatment, torture, inhuman or degrading treatment or punishment, the author notes that the Ukrainian legislation regulates this issue quite succinctly. The Article 127 of the Criminal Code of Ukraine provides a definition only of torture, which in essence coincides with the definition of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the position of the European Court of Human Rights. The paper notes that the practice of Ukrainian courts shows that a distinction (similar to that provided by the European Court of Human Rights) is not implemented.

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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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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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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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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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Melzer, Nils. "Migration-related torture: One of the greatest tragedies of our time." Torture Journal 29, no. 1 (May 22, 2019): 125–26. http://dx.doi.org/10.7146/torture.v29i1.114047.

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Without any doubt, the torture and abuse suffered by millions of migrants in all parts of the world is one of the greatest tragedies of our time. The undeniable links between irregular migration and torture are manifold and deeply troubling. Not only is the risk of torture and violence one of the most important “push-factors” causing countless people to flee their country of origin, it is also a frightening and pervasive reality of most irregular migration routes and, most shockingly, even of the treatment they receive by the very countries to which they turn for protection. My mandate as the United Nations Special Rapporteur on Torture is to seek, receive, examine and act upon information regarding torture or other cruel, inhuman or degrading treatment or punishment. My sources of information are governments, international and civil society organizations, but also journalists, individual victims and their lawyers, doctors, relatives, and friends.

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Rydz-Sybilak, Katarzyna. "Human rights infringement against contemporary legal practice in several criminal cases." Acta Universitatis Lodziensis. Folia Iuridica 77 (December 30, 2016): 11–24. http://dx.doi.org/10.18778/0208-6069.77.02.

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Issues connected with protection against tortures or other forms of inhuman or degrading treatment are regulated in the European law not only in The Convention for the Protection of Human Rights and Fundamental Freedoms, but also in The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which was adopted by The Committee of Ministers of the Council of Europe on June 26, 1987 and later ratified by all 47 countries of The Council of Europe. It is a key element in amending the control system. It has been agreed that the system based on individual and international pleas should be supported by preventive measures. Various situations in which the state has serious obligations so as to protect art. 3 of the Convention, take place following criminal proceedings by organs entitled to act according to legislation. It ought to be mentioned that despite our country’s ratification of the above mentioned legal acts, while conducting pre-trial proceedings in criminal cases, the violation of basic human rights and inhumane treatment of the suspects or the accused happen the most often. The state is responsible for securing proper conditions that would grant respect for one’s dignity and the procedures and methods of obtaining incriminating evidence are not to cause suffering whose scale and intensity would surpass needs of personal security of the accused or suspects during the proceedings in criminal trials, with respect to the legal procedures regulating the arrest and the use of preventative measures in form of a detention order.

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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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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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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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Morales-Toledo, Guadalupe del Carmen. "La prohibición de la tortura: derecho humano." Tequio 4, no. 10 (September 30, 2020): 36–46. http://dx.doi.org/10.53331/teq.v4i10.6818.

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Torture is a crime linked to serious human rights violations. To prevent, investigate, sanction and eradicate it, represents one of the biggest challenges when it comes to justice and human rights within our country, which currently holds high levels of impunity, and requires new and better investigation techniques, methods and strategies, that will allow meeting the demands for access to justice requested by the victims of these crimes. People deprived of their liberty (PDL) are demanding that all acts of torture itself become the subject of an investigation conducted by a multidisciplinary team in which lawyers, doctors and psychologists participate, based on the guidelines constituted in the Manual on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, commonly known as the Istanbul Protocol.

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Ross, James. "Black letter abuse: the US legal response to torture since 9/11." International Review of the Red Cross 89, no. 867 (September 2007): 561–90. http://dx.doi.org/10.1017/s1816383107001282.

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AbstractThe use of torture by the US armed forces and the CIA was not limited to “a few bad apples” at Abu Ghraib but encompassed a broader range of practices, including rendition to third countries and secret “black sites”, that the US administration deemed permissible under US and international law. This article explores the various legal avenues pursued by the administration to justify and maintain its coercive interrogation programme, and the response by Congress and the courts. Much of the public debate concerned defining and redefining torture and cruel, inhuman and degrading treatment. While US laws defining torture have moved closer to international standards, they have also effectively shut out those seeking redress for mistreatment from bringing their cases before the courts and protect those responsible from prosecution.

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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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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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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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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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Wenzel, Thomas, Andreas Frewer, and Siroos Mirzaei. "The DSM 5 and the Istanbul Protocol: Diagnosis of psychological sequels of torture." Torture Journal 25, no. 1 (September 26, 2018): 11. http://dx.doi.org/10.7146/torture.v25i1.109508.

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The Manual on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, commonly known as the Istanbul Protocol, is an interdisciplinary standard supported by, among others, the United Nations and the World Medical Association. It aims at aiding the fight against torture by giving clear guidelines to ensure better and more effective assessment of physical and psychological sequels. Mental health is a key aspect of diagnostical assessment and documentation due to the severe and frequently long-lasting impact of torture that often lasts longer than physical sequels. The inclusion of psychological aspects and a psychiatric diagnosis is to be treated as an important obligatory. Care must be taken to avoid common pitfalls. The new and substantial revisions in the frequently used but also criticised Diagnostical and Statistical Manual (DSM) reflect challenges and opportunities in a comprehensive approach to the documentation of torture.

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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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Tudorascu, Miruna, and Ioan Ganfalean. "The prevention of torture in detention places in connection with the Ombudsman Institution." Polish Law Review 2, no. 2 (December 31, 2016): 68–74. http://dx.doi.org/10.5604/24509841.1230276.

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By the Law No. 109/2009, Romania ratified the Optional Protocol adopted in New York at 18th of December 2002, at the Convention against the torture and other punishments or cruel treatments, inhuman and degrading, adopted in New York at 10th of December 1984, assuming the obligation of establishing at national level The National Mechanism of Torture Prevention in Detention Places, for consolidation the protection of persons who are in detention places. By the Emergency Ordinance no. 48/2014 , which modified and completed the Law no. 35/1997 – regarding the organization and functioning of Ombudsman Institution, and also for modification and completing of some other normative acts, The Ombudsman Institution, as autonomous public authority, was named as the unique national structure which has attributions in connection with The National Mechanism of Torture Prevention in Detention Places.

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Mazza, Caterina. "Tortura oggi: perché no! Riflettendo su Abu Ghraib e Guantŕnamo." TEORIA POLITICA, no. 1 (May 2009): 121–44. http://dx.doi.org/10.3280/tp2009-001006.

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- The empirical evidences and the contemporary discussions get into question the total inadmissibility of torture which has been arranged and fixed on December 10, 1984 by the UN Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment. In fact, in the present time, several US scholars and politicians argue about the possibility to use torture as an adequate instrument to face the grave threat of international terrorism. Thinkers, for their convictions and analysis, part into two opposite positions: "utilitarian" and "absolutistic". The former is based on the Schmittian theory of emergency and on the idea that torture, a wrong practice in itself, can be justifiable if useful instrument to reach a morally higher "good" or to prevent an ethical worse "evil". The latter is grounded on the Kantian imperative as a guide for human choices. By this point of view, torture is absolutely and categorically unjustifiable, also in presence of a great threat for national security. Which reasoning and purposes support the US scholars in this reconsideration of torture as a tool of democracy? Which the actual consequences of these theoretical reflections?

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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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Levina, Polina. "Links Between Criminal Justice Procedure and Torture: Learning from Russia." New Criminal Law Review 16, no. 1 (January 1, 2013): 104–42. http://dx.doi.org/10.1525/nclr.2013.16.1.104.

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This article aims to establish the causes behind the sense of impunity that pervades the institutions of Russian law enforcement in the context of interrogations in pretrial detention. This sense of impunity is critical, for it creates a climate in which torture and other cruel, inhuman, or degrading treatment or punishment is used as a tool to expedite the investigative process and guarantee the success of the subsequent prosecution. This study argues that impunity for torture by law enforcement officials in Russia is fostered by three discernible factors. First, the Criminal Code inadequately articulates the prohibition of torture. Second, the Code of Criminal Procedure contains substantive shortcomings that create a structure that both incentivizes torture and discourages investigation into allegations of torture. And, third, allegations of ill treatment and torture that are raised during trial trigger no substantive investigative actions. The combined effect of these factors is that the state, in effect, fosters the law enforcement officers’ sense of impunity. This article analyzes these shortcomings through the lens of international human rights law, contributing to the ongoing scholarly inquiry into the relationship between European Court of Human Rights jurisprudence and the domestic law of states within the Council of Europe.

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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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Nanima, Robert Doya. "The (Non) Enforcement of the Right to a Fair Trial with Regard to the Admissibility of Evidence Obtained through Human Rights Violations: A Comment on Uganda's Human Rights (Enforcement) Act 2019." African Journal of International and Comparative Law 27, no. 4 (November 2019): 654–61. http://dx.doi.org/10.3366/ajicl.2019.0295.

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The enactment of the Human Rights (Enforcement) Act comes at a time when the Constitution of the Republic of Uganda 1995 and national legislation remain silent on the issue of dealing with evidence obtained through human rights violations. The exception is in the Prohibition and Prevention of Torture Act of 2012 that deals with the admissibility of evidence obtained through torture and cruel, inhuman and degrading treatment. This lack of clarity has been exacerbated by the limited scope in the decisions handed down by courts. This comment argues that the new law does not effectively deal with the enforcement of an accused's right to a fair trial due to lack of a statutory provision to deal with evidence obtained through human rights violations. To substantiate this position, the comment provides the current position of the law on evidence obtained through human rights violations. This is followed by an evaluation of the relevant provisions of the new law. Finally, proposals on the way forward are offered.

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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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Fitriyadi, Ahmad Adi, and Fikry Latukau. "Pentingnya Implementing Legislationkonvensi Anti Penyiksaan 1984 (Convention Against Torture) Kedalam Hukum Nasional Indonesia." JURNAL BELO 5, no. 2 (May 19, 2020): 97–114. http://dx.doi.org/10.30598/belobelovol5issue2page97-114.

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Persoalan tindak pidana Penyiksaan adalah masalah yang sudah sejak lama terjadi di negara Indonesia sejak zaman Orde Baru hingga detik ini.Banyak kasus yang terjadi bahkan hingga akhir tahun 2019 dan para pelakunya tidaklah kunjung diadili.Hal ini disebabkan tidak adanya aturan hukum pidana nasional Indonesia yang mengatur tersendiri terkait tindakan Penyiksaan. Padahal Indonesia merupakan negara peserta pada Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) atau Konvensi Anti Penyiksaan 1984 dan telah diratifikasi ke dalam Undang-Undang No.5 Tahun 1998. Namun, karena konvensi ini bersifat Non-Self Executing, maka perlu untuk dilakukan Implementing Legislation ke dalam hukum nasional Indonesia untuk diundangkan ke dalam hukum nasional Indonesia tersendiri terkait tindak pidana Penyiksaan, sebab tindakan Penyiksaan merupakan bagian dari kejahatan internasional yang mengancam masyarakat internasional, maka aturan hukum tersebut didasarkan pada Asas Yurisdiksi Universal.

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Fitriyadi, Ahmad Adi, and Fikry Latukau. "Pentingnya Implementing Legislationkonvensi Anti Penyiksaan 1984 (Convention Against Torture) Kedalam Hukum Nasional Indonesia." JURNAL BELO 5, no. 2 (May 19, 2020): 97–114. http://dx.doi.org/10.30598/belovol5issue2page97-114.

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Persoalan tindak pidana Penyiksaan adalah masalah yang sudah sejak lama terjadi di negara Indonesia sejak zaman Orde Baru hingga detik ini.Banyak kasus yang terjadi bahkan hingga akhir tahun 2019 dan para pelakunya tidaklah kunjung diadili.Hal ini disebabkan tidak adanya aturan hukum pidana nasional Indonesia yang mengatur tersendiri terkait tindakan Penyiksaan. Padahal Indonesia merupakan negara peserta pada Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) atau Konvensi Anti Penyiksaan 1984 dan telah diratifikasi ke dalam Undang-Undang No.5 Tahun 1998. Namun, karena konvensi ini bersifat Non-Self Executing, maka perlu untuk dilakukan Implementing Legislation ke dalam hukum nasional Indonesia untuk diundangkan ke dalam hukum nasional Indonesia tersendiri terkait tindak pidana Penyiksaan, sebab tindakan Penyiksaan merupakan bagian dari kejahatan internasional yang mengancam masyarakat internasional, maka aturan hukum tersebut didasarkan pada Asas Yurisdiksi Universal.

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Başoğlu, Metin. "A multivariate contextual analysis of torture and cruel, inhuman, and degrading treatments: Implications for an evidence-based definition of torture." American Journal of Orthopsychiatry 79, no. 2 (2009): 135–45. http://dx.doi.org/10.1037/a0015681.

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Burgers, J. Herman, and Hans Danelius. "The United Nations Convention Against Torture. A Handbook on the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment." Verfassung in Recht und Übersee 23, no. 1 (1990): 95–97. http://dx.doi.org/10.5771/0506-7286-1990-1-95.

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Blakeley, Ruth, and Sam Raphael. "Accountability, denial and the future-proofing of British torture." International Affairs 96, no. 3 (May 1, 2020): 691–709. http://dx.doi.org/10.1093/ia/iiaa017.

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Abstract When powerful liberal democratic states are found to be complicit in extreme violations of human rights, how do they respond and why do they respond as they do? Drawing on the example of the United Kingdom's complicity in torture since 9/11, this article demonstrates how reluctant the UK has been to permit a full reckoning with its torturous past. We demonstrate that successive UK governments engaged in various forms of denial, obfuscation and attempts to obstruct investigation and avoid accountability. The net effect of their responses has been to deny the victims redress, through adequate judicial processes, and to deny the public adequate state accountability. These responses are not simply aimed at shielding from prosecution the perpetrators and those who have oversight of them, nor preventing political embarrassment. The various forms of denial and obstruction are also designed to ensure that collusion can continue uninterrupted. A core concern of intelligence officials and ministers has been to prevent any process that would lead to a comprehensive prohibition on involvement in operations where torture and cruel, inhuman and degrading treatment are a real possibility. The door remains wide open, and deliberately so, for British involvement in torture.

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Journal articles on the topic 'Torture and cruel, inhuman and degrading treatment'

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