Articles de revues : « European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. 1987 »

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Rydz-Sybilak, Katarzyna. « Human rights infringement against contemporary legal practice in several criminal cases ». Acta Universitatis Lodziensis. Folia Iuridica 77 (30 décembre 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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Evans, Malcolm D. « Getting to Grips with Torture ». International and Comparative Law Quarterly 51, n^o 2 (avril 2002) : 365–83. http://dx.doi.org/10.1093/iclq/51.2.365.

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In October 2000 an informal working group of the United Nations Commission on Human Rights met to discuss the latest drafts of an Optional Protocol to the 1984 United Nations Convention against Torture. The Working Group itself met for its 9th session in February 2001 and its 10th session was held in January 2002.2 The primary purpose of this Optional Protocol is to create a new international mechanism that will have a preventive role and which would operate by conducting visits to states and to places of detention within states and, in the light of such visits, enter into a ‘dialogue’ with the state concerned in order to help them ensure that torture does not occur. The origins of this initiative lie in a proposal formally tabled in the early 1980s during the negotiations that led up to the adoption of the UNCAT itself but at that time it was clear that so radical a move as the establishment of an international body with an automatic right of entry into any place of detention would be unacceptable within the broader international community.3 However, the idea was taken up on a regional level within Europe and in 1987 the Council of Europe adopted the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment which established the European Committee of the same name (known as the CPT), very much by way of an example to the rest of the world, or so it was thought.4

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Svyrydenko, N. M. « Perspective directions for improvement of legal and social protection of the personnel of the State Criminal and Executive Service of Ukraine taking into account positive foreign experience ». Analytical and Comparative Jurisprudence, n^o 4 (28 avril 2022) : 276–80. http://dx.doi.org/10.24144/2788-6018.2021.04.47.

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The article substantiates perspective directions for improvement of legal and social protection of the personnel of the State Criminal and Executive Service of Ukraine taking into account positive foreign experience, namely: 1) compliance with the requirements of international standards on the formation and competencies of penitentiary staff. Such standards include: the Universal Declaration of Human Rights (1948); Convention for the Protection of Human Rights and Fundamental Freedoms (1950); Basic Principles of the Use of Force and Firearms by Law Enforcement Officials (1990); Minimum Standard Rules for the Treatment of Prisoners (Mandela Rules) (2015); European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (1987); European Penitentiary Rules (2006 as amended in 2020); 2) overcoming the phenomenon of discrimination (on any grounds) in the implementation of personnel policy in the penitentiary system; 3) ensuring compliance between the conditions of service of penitentiary staff (taking into account the risks, responsibilities and stressful situations associated with the performance of official duties) and the level of wages, which should ensure a decent standard of living for employees and their families; 4) increasing the safety of the staff of the State Criminal and Executive Service of Ukraine as a guarantee of their normal work, which ensures non-interference in the work of staff during the performance of their duties. It is noted that the safety of the staff of the State Criminal and Executive Service of Ukraine is a guarantee of their normal work and ensures non-interference in the work of staff in the performance of their duties. Negative events in the penitentiary system of Ukraine have highlighted that the problem of ensuring the safety of personnel of the State Criminal and Executive Service of Ukraine requires detailed study to develop effective ways to overcome existing problems, taking into account the experience of foreign countries and their ability to achieve positive results on this issue.

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Hridina, Kateryna, et Darya Lavrenko. « The influence of the Recommendations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment for implementing amendments to the Ukrainian criminal executive legislation ». Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 1, n^o 1 (29 mars 2021) : 98–103. http://dx.doi.org/10.31733/2078-3566-2021-1-98-103.

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The article examines the activities of the European Committee for the Prevention of Torture, Inhuman or Degrading Treatment or Punishment to protect the rights of persons deprived of their liberty. An analysis of the Committee's reports on the results of visits to Ukraine was made. Standards for the prevention of torture or inhuman or degrading treatment or punishment, as well as their reflection in national criminal law enforcement and enforcement, have been identified. Thus, the role of the European Committee for the Prevention of Torture, Inhuman or Degrading Treatment or Punishment in the protection of the rights of persons deprived of their liberty and the impact of its recommendations on amendments to the criminal executive legislation of Ukraine have been identified. The Committee's activities are aimed at strengthening the protection of persons deprived of their liberty against torture or inhuman or degrading treatment or punishment. Based on the principle of cooperation and obligations under the Convention, the state is gradually introducing changes to national legislation in order to bring them into line with international standards. In general, there are positive changes and improvements in the conditions of detention of convicts.

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Amar, Francis, et Hans-Peter Gasser. « How the International Committee of the Red Cross Helps to Combat torture : ICRC visits to persons deprived of their freedom in situations of internal disturbances and tension : aims and methods ». International Review of the Red Cross 29, n^o 268 (février 1989) : 26–32. http://dx.doi.org/10.1017/s0020860400072181.

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The International Committee of the Red Cross welcomes all attempts to strengthen the protection against torture of persons deprived of their freedom. It therefore welcomes the adoption of the European Convention for the prevention of torture and inhuman or degrading treatment or punishment, which should enable an effective system of control to be established for the prevention and elimination of such inhuman practices in the member countries of the Council of Europe that may have ratified the Convention.

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Ginther, Konrad. « The European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment ». European Journal of International Law 2, n^o 1 (1 janvier 1991) : 123–30. http://dx.doi.org/10.1093/ejil/2.1.123.

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Menshikov, P. V., et 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, n^o 4 (21 février 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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Tanasescu, Tudor. « THE COUNCIL OF EUROPE AND ITS MECHANISMS FOR PROTECTING AND GUARANTEEING HUMAN RIGHTS ». Agora International Journal of Juridical Sciences 10, n^o 2 (28 décembre 2016) : 42–52. http://dx.doi.org/10.15837/aijjs.v10i2.2802.

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The Council of Europe represents the main regional/European international intergovernmental organization in which the most efficient mechanisms for guaranteeing and protecting human rights have been initiated and developed.The mechanisms implemented by this organization, aiming to protect and guarantee human rights, established through the conventional judicial tools adopted by the Council of Europe are: The European Court for Human Rights (jurisdictional mechanism), established by the European Convention on Human Rights, the conventional non-jurisdictional mechanisms for monitoring, as well as the system of regularly reporting and that of the collective complaints, employed by the European Committee for social rights, created based on the European Social Charter and its two protocols of 1991 and 1995, and the preventive control based on inquiries carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, based on the European Convention of the Prevention of Torture.Added to these some extra-conventional mechanisms are considered, such as The European Commission against racism and intolerance and The Commissioner for Human Rights at the Council of Europe.

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Colavecchia, Sandra. « Book Review : Preventing Torture : A Study of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment ». International Criminal Justice Review 11, n^o 1 (mai 2001) : 129–30. http://dx.doi.org/10.1177/105756770101100111.

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Tavolzhanska, Yuliia Serhiivna, et Iryna Anatoliivna Kopyova. « Cо-perpetrators of torture : national and convention definition framework ». Herald of the Association of Criminal Law of Ukraine 1, n^o 15 (6 août 2021) : 91–110. http://dx.doi.org/10.21564/2311-9640.2021.15.233649.

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The article is prepared in continuation of development of author's dissertation researches. The paper reveals the peculiarities of objective and subjective features of cо-perpetration in torture (both on the basis of the provisions of the Criminal Code of Ukraine, and taking into account the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. When interpreting national criminal law norms in the light of convention provisions, the requirements of two-frame criminal law research are met. The authors' positions are supported by message from human rights organizations, decisions of the European Court of Human Rights, and theoretical modeling. The article contains the following conclusions. A co-perpetrator of torture may commit this criminal offense by his or her own actions or omissions, use another person as a “means” of committing a criminal offense, or delegate the commission of a criminal offense to another person. A co-perpetrator of torture may join in committing torture at any stage of the commission of this criminal offense. If, under the circumstances of complicity in torture, a public official or other person acting in an official capacity direct torture, he or she is the perpetrator (co-perpetrator) of the offense. If, in complicity in torture, a public official or other person acting in an official capacity creates the conditions for committing the offense, he or she should be recognized as the organizer, instigator or accomplice of the torture (depending on the role he or she has played). If, in complicity in torture, a public official or other person acting in an official capacity doesn't interfere of torture, he or she is the accomplice to torture. Not preventing torture should not be confused with the mental violence that can be used to torture. Article 1 of the 1984 Convention also covers cases of involvement in the torture of public official or other person acting in an official capacity.

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Niveau, G. « Preventing human rights abuses in psychiatric establishments : the work of the CPT ». European Psychiatry 19, n^o 3 (mai 2004) : 146–54. http://dx.doi.org/10.1016/j.eurpsy.2003.12.002.

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AbstractThe mission of the European Committee for the prevention of torture and inhuman or degrading treatment or punishment (CPT) is to visit all places where people are detained and deprived of their liberty by a public authority, in States which are signatories to the Convention. Within this context, the CPT has visited many closed psychiatric establishments. We have studied reports, which were made public concerning 78 psychiatric establishments visited by the CPT between 1990 and 2001. No act considered to be torture was reported by the CPT, but several cases of deliberate ill-treatment of patients are described. Many serious cases of dysfunction concerning staff, treatment, the use of seclusion and restraint as well as lack of adequate safeguards, were also noted by the CPT. The recommendations, comments and requests for information issued by the CPT are intended to promote the reform of these establishments in order to promote human rights, in the States visited. These recommendations as well as the CPT’s annual reports, serve as reference standards for psychiatric practice, which respect human rights.

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Marochini Zrinski, Maša, et Karin Derenčin Vukušić. « NEPRUŽANJE ZDRAVSTVENE SKRBI KAO POVREDA ČLANKA 3. EUROPSKE KONVENCIJE S POSEBNIM OSVRTOM NA PRAKSU SUDA U PREDMETIMA IZVAN KONTEKSTA ZADRŽAVANJA ». Pravni vjesnik 37, n^o 2 (juillet 2021) : 83–104. http://dx.doi.org/10.25234/pv/12003.

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The European Convention on Human Rights, as a main Council of Europe instrument for the protection of civil and political rights, does not guarantee the right to health care. However, the European Court of Human Rights broadly interprets Convention rights, and within the context of Articles 2, 3 and 8 of the Convention it gave certain indications that it might start dealing with the issue of health care. Without going into details of all the mentioned articles, this paper will analyse cases where the Court dealt with the issue of violation of Article 3 due to non-provision of health care outside the context of detention. Namely, within the context of detention, there is a clear obligation for states to provide health care, and the Court often relies on the reports of the Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. What we consider important to point out is the Court’s case-law on providing health care outside the context of detention, given the social character of the right to health care, which goes beyond the civil and political character of the Convention.

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Schlickewei, Stephanie. « The Revision of the General Comment No. 1 on the Implementation of Art. 3 uncat’s Non-Refoulement Obligation in Light of the Use of Diplomatic Assurances ». Max Planck Yearbook of United Nations Law Online 21, n^o 1 (10 octobre 2018) : 167–209. http://dx.doi.org/10.1163/13894633_021001007.

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On 26 June 1987, the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (uncat) entered into force. The comprehensive set of regulations of the Convention aimed at ensuring a more effective implementation of the international community’s common endeavours to eradicate torture globally. Nevertheless, torture practice still prevails in many countries. New crises, such as the international fight against terrorism, constantly compromise the achievement of the Convention’s overall objective; in particular, they present a great challenge to States Parties’ compliance with the uncat’s explicit nonrefoulement obligation of Art. 3 uncat. Aiming for the transfer of a person to another State and in a bid to nevertheless satisfy their international obligations, States Parties tend to rely on so-called diplomatic assurances from the receiving State, thereby potentially exposing the individual to the risk of being subjected to torture following the transfer. Being aware of the new challenges to the protection of Art. 3 uncat, in 2015, the United Nations Committee against Torture finally decided to undertake a comprehensive review of its General Comment No. 1 (1997). As the text of 1997 was considered to no longer meet the needs of the States with respect to the new challenges of the 21st century, the revision was inter alia aimed to also explicitly address the alarming trend of the application of diplomatic assurances and to include an assessment of their legitimate use in the context of Art. 3 uncat. This article outlines the aforementioned review process with regard to the use of diplomatic assurances in the context of torture and analyses the question of their legitimacy under international law with respect to the uncat and in light of and in comparison to the European Court of Human Right’s jurisdiction in this context.

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Kravets, Victoria. « Regulatory and legal support of public administration in the field of medical service of the population ». Law Review of Kyiv University of Law, n^o 1 (5 mai 2021) : 145–48. http://dx.doi.org/10.36695/2219-5521.1.2021.26.

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The article formulates classification groups of normative legal acts that will regulate the activity of the sphere of medical care ofthe population. Today in Ukraine there are a number of laws and other regulations that provide medical care. In order to improve theentire regulatory system in the study area, it is necessary to systematize all regulations, depending on the subject orientation, into classificationgroups of regulatory and legal support of medical care, depending on the subject of legal support of medical care, namely: actsthat aimed at providing medical services and medical care; acts that form the relationship of health care institutions with patients; actsthat regulate characterological social relations in the field of medical care; acts establishing legal liability for violation of norms in thefield of medical care. In accordance with the proposed classification, the author described the systematized regulations. The sources thatdetermine international legal acts in the field of health care are documents issued by the United Nations, the World Health Organi zation,the International Labor Organization, the Council of Europe and the European Union, the World and European Medical Associations, andnamely: “Convention for the Protection of Human Rights and Dignity of Biology and Medicine: Convention on Human Rights and Biomedicine(European Convention on Human Rights and Biomedicine)”; “European Convention for the Protection of Human Rights andFundamental Freedoms (ECHR)”; “European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment”;“European Social Charter (ESC)”; “Framework Convention for the Protection of National Minorities”; “Recommendation № R(2000) 5 of the Committee of Ministers of the Council of Europe to member states on the development of forms of participation of citizensand patients in the decision-making process affecting health care”; “Partial agreement in the field of social and public health”; “Conventionon the Development of a European Pharmacopoeia”; “Convention for the Protection of Human Rights and Dignity in Respect ofthe Use of Advances in Biology and Medicine” and its protocols, etc., which are supplemented and clarified by a number of recommendationsin the field of medical care; Directive 2001/83 / EC of the European Parliament and of the Council of the European Union on theCommunity code relating to medicinal products for human use, as well as Directives of the Council of the European Union, namely: theEU Charter of Fundamental Rights; “Draft EU Directive on the rights of patients in cross-border healthcare”, etc.

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L. G., Ostapchuk, et Kondratenko N. V. « PROBLEM ASPECTS OF EXECUTION OF PUNISHMENT IN THE FORM OF ARREST OF CONVICTED SERVICEMAN ». Scientific journal Criminal and Executive System : Yesterday. Today. Tomorrow 2020, n^o 2 (22 décembre 2020) : 53–61. http://dx.doi.org/10.32755/sjcriminal.2020.02.053.

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The article analyzes the provisions of criminal law and international law governing the punishment in the form of arrest of servicemen. It is determined that the studied type of criminal punishment in relation to servicemen has its own specifics since servicemen serve their sentences directly during military service. Therefore, in the process of serving a sentence in the form of arrest, convicted servicemen do not lose their special status, which is regulated by departmental normative-legal acts. The theory of criminal law of Ukraine and judicial practice are proved to not previously know such a type of criminal punishment as arrest. It is determined that of special interest are the issues of studying the peculiarities of the execution of punishment in the form of arrest of convicted servicemen, as well as the compliance of domestic legislation with international law. Among the main problems of the legislation of Ukraine, which regulates the legal procedure for execution and serving a sentence in the form of arrest by convicted servicemen, it is singled out the inconsistency of domestic legislation with international standards. There is the need to involve qualified personnel to work with convicted servicemen, who must be carefully selected, properly trained, paid for at the professional level and have a status that is respected in civil society. The European Penitentiary Regulations stipulate that before personnel can take up their duties, they must undergo a training course in the performance of their general and specific tasks and pass theoretical and practical examinations, and a training course must be completed for all personnel, including a study of international and regional instruments and norms in the field of human rights protection, particularly the European Convention on Human Rights and the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. The analysis of domestic and international law indicates that special attention should be paid to the rules that ensure the right of a convicted serviceman to medical care, the convict’s right to purchase food and basic necessities, the right to visit relatives and friends, telephone conversations, the right to convicts’ separate detention of different sexes, the right to respect for their dignity, etc. Therefore, the reforms implementation in the penitentiary sphere is quite appropriate at present. First of all, it is necessary to bring military penitentiary institutions in line with the requirements of international legal acts that determine the rules for the treatment of convicts and prisoners, as most of them are not recommended, but mandatory. Key words: arrest, military criminal offenses, serviceman, guard.

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Harrington, J. « Preventing Torture : A Study of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. By MALCOLM D. EVANS and ROD MORGAN. Oxford : Clarendon Press, 1998. xxviii + 475 pp. 55 ». British Yearbook of International Law 70, n^o 1 (1 janvier 2000) : 253–54. http://dx.doi.org/10.1093/bybil/70.1.253.

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Bernheim, Jean Claude. « La disgrâce de 1'humanité : Essai sur la torture par Serge Patrice ThibodeauPreventing Torture : A Study of the European Convention for he Prevention of Torture and Inhuman or Degrading Treatment or Punishment par Malcolm D. Evans et Rod Morgan ». Canadian Journal of Criminology 43, n^o 2 (avril 2001) : 278–81. http://dx.doi.org/10.3138/cjcrim.43.2.278.

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Morgan, R. « Yearbook of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. Volume I, 1989-1992. COUNCIL OF EUROPE. Nottingham : Human Rights Law Centre, University of Nottingham, 1997. 445 pp. 90 ». British Yearbook of International Law 69, n^o 1 (1 janvier 1999) : 272–74. http://dx.doi.org/10.1093/bybil/69.1.272.

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« Council of Europe : European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment ». International Legal Materials 27, n^o 5 (septembre 1988) : 1152–59. http://dx.doi.org/10.1017/s0020782900021550.

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« Preventing torture : a study of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment ». Choice Reviews Online 37, n^o 01 (1 septembre 1999) : 37–0596. http://dx.doi.org/10.5860/choice.37-0596.

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Articles de revues sur le sujet « European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. 1987 »

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