Bibliographies thématiques / Special Rapporteur on Torture and Other Cruel

Littérature scientifique sur le sujet « Special Rapporteur on Torture and Other Cruel »

Auteur : Grafiati

Publié le 26 juillet 2024

Mis à jour le 27 juillet 2024

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Articles de revues sur le sujet "Special Rapporteur on Torture and Other Cruel"

Pérez-Sales, Pau, et Berta Soley. « New appointed Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment ». Torture Journal 33, n^o 1 (17 mars 2023) : 122–23. http://dx.doi.org/10.7146/torture.v33i1.135902.

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Melzer, Nils. « Migration-related torture : One of the greatest tragedies of our time ». Torture Journal 29, n^o 1 (22 mai 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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Bull, Ray. « Improving the Interviewing of Suspects Using the PEACE Model : A Comprehensive Overview ». Canadian Journal of Criminology and Criminal Justice 65, n^o 1 (1 janvier 2023) : 80–91. http://dx.doi.org/10.3138/cjccj.2023-0003.

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In light of psychological research, a growing number of countries/organizations have decided to adopt a model/approach of “investigative interviewing” of suspects that does not rely on coercive or oppressive methods. In 2016, the United Nations’ “Special Rapporteur on torture and other cruel, inhumane or degrading treatments” (law professor Juan Mendez) submitted his report to the United Nations, which stated that “The Special Rapporteur … advocates the development of a universal protocol identifying a set of standards for non-coercive interviewing methods and procedural safeguards that ought, as a matter of law and policy, to be applied at a minimum to all interviews by law enforcement officials, military and intelligence personnel and other bodies with investigative mandates.” When mentioning this “universal protocol” in 2016, the U.N. Special Rapporteur noted that “The essence of an alternative information-gathering model was first captured by the PEACE model of interviewing adopted in 1992 in England and Wales … investigative interviewing can provide positive guidance for the protocol.” The “universal protocol” took three years to produce and was published in 2021. This article will overview (i) the evolution of the PEACE method, (ii) some of the research on effectiveness of aspects of the PEACE method, and (iii) the 2021 publication called Principles of Effective Interviewing.

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Isaac, Jeffrey C. « The Rule of Law, Democracy, and Intelligence ». Perspectives on Politics 11, n^o 4 (décembre 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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Edwards, Alice Jill. « Trade in torture tools threatens detainees and protestors everywhere – it must be banned ». Torture Journal 34, n^o 1 (28 mai 2024) : 44–47. http://dx.doi.org/10.7146/torture.v34i1.144049.

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With social upheaval, economic strain, and political unrest growing, peaceful demonstrations worldwide are increasingly met with brutal tactics by law enforcement and security forces. The UN Special Rapporteur on Torture outlines her call for States to negotiate a new international treaty to ban the manufacture, use and trade in “torture tools” and regulate the trade in law enforcement equipment. Her proposal outlines two critical components: a Prohibited list of items that she has deemed to be inherently cruel, inhuman or degrading, and a second Controlled list of ordinary law enforcement equipment that has a high risk of misuse. Effective international regulation is imperative to curb the indiscriminate use of force by law enforcement and to uphold human dignity. Improved national regulation is also required. Her research has revealed a pervasive market for these items, with more than 335 companies in 54 countries manufacturing or promoting the most egregious torture instruments. Major producers include China, the EU, and the USA, with emerging economies also contributing significantly. The outsourcing of public functions to private security companies further exacerbates the issue, underscoring the pressing need for robust national and international regulations.

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Haq, Inamul. « Kashmir Conflict and the Advent of Torture : An Overview ». Randwick International of Social Science Journal 1, n^o 1 (25 avril 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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Menshikova, A. G., et E. I. Dumanskaya. « THE FORMATION OF SPECIAL RIGIDITYAS A THEORETICAL AND LEGAL CONCEPT ». Russian Family Doctor, n^o 1 (15 décembre 2020) : 53–61. http://dx.doi.org/10.17816/rfd10679.

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The article provides a historical analysis of the legislative consolidation of the sign of «special cruelty» and related categories. The legal role of this feature at different stages of the formation of criminal law is determined. The authors consider scientific ideas regarding the interpretation of the concepts of «special cruelty», «torture», «torture» and other forms of cruel behavior in the doctrine of criminal law and law enforcement practice of the pre-revolutionary and Soviet periods. In conclusion, the continuity of the norms of the current criminal law in the application and determination of the sign of «special cruelty» is revealed, similar features and significant differences are determined.

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Menshikova, A. G., et E. I. Dumanskaya. « THE FORMATION OF SPECIAL RIGIDITYAS A THEORETICAL AND LEGAL CONCEPT ». Yugra State University Bulletin 16, n^o 1 (15 décembre 2020) : 53–61. http://dx.doi.org/10.17816/byusu20200153-61.

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ZHURTOV, ASTEMIR. « TO THE QUESTION OF RESPONSIBILITY FOR TORTURE IN THE RUSSIAN FEDERATION ». Sociopolitical sciences 10, n^o 2 (30 avril 2020) : 103–6. http://dx.doi.org/10.33693/2223-0092-2020-10-2-103-106.

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Cruel and inhumane acts that harm human life and health, as well as humiliate the dignity, are prohibited in most countries of the world, and Russia is no exception in this issue. The article presents an analysis of the institution of responsibility for torture in the Russian Federation. The author comes to the conclusion that the current criminal law of Russia superficially and fragmentally regulates liability for torture, in connection with which the author formulated the proposals to define such act as an independent crime. In the frame of modern globalization, the world community pays special attention to the protection of human rights, in connection with which large-scale international standards have been created a long time ago. The Universal Declaration of Human Rights and other international acts enshrine prohibitions of cruel and inhumane acts that harm human life and health, as well as degrade the dignity.Considering the historical experience of the past, these standards focus on the prohibition of any kind of torture, regardless of the purpose of their implementation.

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Livres sur le sujet "Special Rapporteur on Torture and Other Cruel"

UN. Commission on Human Rights. Special Rapporteur on Torture, dir. Torture and other cruel, inhuman or degrading treatment or punishment : Report of the Special Rapporteur, Theo van Boven : addendum. Geneva : UN, 2004.

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Juan, Méndez, et United Nations Human Rights Council, dir. Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment : Addendum : observations on communications transmitted to Governments and replies received. Geneva ; Nairobi ; New York ; Vienna : United Nations General Assembly, 2013.

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UN. Commission on Human Rights. Special Rapporteur on the Independence of Judges and Lawyers, dir. Report of the Special Rapporteur on the Independence of Judges and Lawyers, Leandro Despouy, submitted in accordance with Commission resolution 2003/43 : Addendum. Geneva : UN, 2004.

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Nowak, Manfred. Powerlessness as a Defining Characteristic of Torture. Sous la direction de Metin Başoğlu. Oxford University Press, 2017. http://dx.doi.org/10.1093/med/9780199374625.003.0014.

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During the author’s six-year term as UN Special Rapporteur on Torture, he interviewed many hundreds of torture survivors in all world regions. This unique practical experience confirmed his legal analysis that intention and powerlessness, rather than the intensity of pain or suffering, are the decisive criteria that distinguish torture from other forms of cruel and inhuman treatment or punishment. This legal conclusion fully corresponds to the psychological findings of Başoğlu’s analysis of the question of whether the “enhanced interrogation techniques” applied by the Bush administration in the so-called US war on terror meet the definition of torture under US law. Başoğlu shows that “learned helplessness is mental harm that is severe enough to qualify as torture even by US standards.” Our two contributions leading to identical scientific findings underline that this unique book is moving multilateral research on torture to genuine interdisciplinary and transdisciplinary research.

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Chapitres de livres sur le sujet "Special Rapporteur on Torture and Other Cruel"

Karski, Karol. « Migration ». Dans International Law From a Central European Perspective, 219–38. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.ar.ilfcec_10.

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Migration is inherent in human history. It is what we name a change of habitual residence or tem- porary residence by natural persons. It can be permanent or temporary. Its purpose may be, inter alia, tourism, education, treatment, pilgrimage, or earning money. Of course, also in this case we encounter a number of definitions that define a narrower or broader concept of migration. These forms include emigration, immigration, re-emigration, refugeehood, evacuation, and repatriation. The issue of admitting foreigners to a territory is, as a rule, regulated by national law. The freedom of action of states is, however, to some extent limited by international agreements. International law pays particular attention to refugees. This matter is regulated, in particular, by the Geneva Convention relating to the Status of Refugees of 1951, amended by the New York Protocol of 1967. These issues are also tackled in the acts of international humanitarian law, including the Fourth Geneva Convention relative to the protection of civilian persons in time of war of 1949 and the First Additional Protocol of 1977 to the Geneva Conventions of 1949. Respective legal acts have been also adopted by the European Union and include Directive 2011/95/EU of the European Parlia- ment and of the Council on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted and Regulation (EU) No 604/2013 of the European Parliament and of the Council establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protec- tion lodged in one of the Member States by a third-country national or a stateless person. Migrant workers are another form of migrants, whose status is regulated by the conventions of the International Labour Organization and International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families of 1990. In Europe—within the scope of the Council of Europe—this issue is regulated by the European Convention on the Legal Status of Migrant Workers of 1977. Other acts of international law, including universal treaties such as International Covenant on Civil and Political Rights of 1966, UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984, and UN Convention on the Rights of the Child of 1989 refer partly to some aspects of the status of foreigners. Regional acts such as the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights also refer to these issues. The international community has established a number of institutions handling the status and rights of migrants as a whole and their individual types. These institutions include the UN High Commissioner for Refugees and the UN Special Rapporteur on the Human Rights of Migrants and the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, which is a treaty body of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.

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Kerstin, Buchinger. « Special Fund ». Dans The United Nations Convention Against Torture and its Optional Protocol. Oxford University Press, 2019. http://dx.doi.org/10.1093/law/9780198846178.003.0062.

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This chapter discusses Article 26 of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Article 26 states that ‘A Special Fund shall be set up in accordance with the relevant procedures of the General Assembly, to be administered in accordance with the financial regulations and rules of the United Nations, to help finance the implementation of the recommendations made by the Subcommittee on Prevention after a visit to a State Party, as well as education programmes of the national preventive mechanisms. This Special Fund may be financed through voluntary contributions made by governments, intergovernmental and non-governmental organisations, and other private or public entities’.

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Kerstin, Buchinger. « Rules of Procedures ». Dans The United Nations Convention Against Torture and its Optional Protocol. Oxford University Press, 2019. http://dx.doi.org/10.1093/law/9780198846178.003.0046.

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This chapter discusses Article 10 of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Article 10 of the Optional Protocol is modelled on Article 18 of the Convention against Torture, which itself is based on Articles 35 to 39 of the International Covenant on Civil and Political Rights. It requires the Subcommittee on Prevention (SPT), as the Convention against Torture Committee, to elect its officers, i.e. one chairperson, three vice-chairpersons, and one rapporteur, for a term of two years, and to establish its own rules of procedure which shall provide that, at the beginning, six (now 14) members shall constitute a quorum and that decisions shall be made by a majority vote of the members present. Although the SPT, as with the Convention against Torture Committee, is free to decide the number of its annual sessions, both bodies must hold one at the same time, and all meetings shall be confidential.

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Stephanie, Krisper. « Prohibition of Reservations ». Dans The United Nations Convention Against Torture and its Optional Protocol. Oxford University Press, 2019. http://dx.doi.org/10.1093/law/9780198846178.003.0066.

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This chapter discusses Article 30 of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Article 30 states that no reservations shall be made to the present Protocol. The drafters of the Optional Protocol agreed on this provision after long and heated discussions. This is in line with Article 19(a) of the Vienna Convention on the Law of Treaties, which stipulates that States may formulate reservations ‘unless the reservation is prohibited by the treaty’. In a final attempt to reach a consensus on this controversial issue, in January 2002 the Chairperson-Rapporteur introduced the possibility of a temporary ‘opting-out declaration’ preventing visits to places of detention by either the Subcommittee or an national preventive mechanism for a period of up to three years.

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Kerstin, Buchinger. « Temporary Opting-Out Declaration ». Dans The United Nations Convention Against Torture and its Optional Protocol. Oxford University Press, 2019. http://dx.doi.org/10.1093/law/9780198846178.003.0060.

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This chapter discusses Article 24 of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Article 24 of the Optional Protocol provides States parties with the opportunity to make a declaration to the effect that the competences of the Subcommittee on Prevention of Torture or of the respective national preventive mechanism will be postponed for a maximum of three years. If need be, this period may be extended for another two years. This particular ‘opting-out declaration’ was introduced by the Chairperson-Rapporteur in 2002 as a compromise for those States, including the United States and Saudi Arabia, which opposed the general prohibition of reservations to the Protocol. As of November 2017, only seven States parties to the Optional Protocol have made use of the possibility to postpone the implementation of their obligations under the Protocol.

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Gaggioli, Gloria, et Pavle Kilibarda. « Unmasking the Challenges ». Dans Interrogation and Torture, 359–92. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190097523.003.0014.

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International human rights law and international humanitarian law absolutely prohibit all forms of torture and cruel, inhuman, or degrading treatment (CIDT) at all times and against anyone, even the worst of criminals. International criminal law moreover provides for the individual criminal responsibility of perpetrators. Nevertheless, there remains a number of legal and practical challenges to overcome in order to ensure the effectiveness of this prohibition. The most visible challenge pertains to the implementation of the prohibition not only in domestic law but also in the concrete practice of law enforcement officials and other State agents. Other—less visible and insufficiently discussed—challenges concern laws and practices that may indirectly impact the effectiveness of the prohibition of torture and CIDT and whose acceptability under public international law is not crystal clear. For instance, is the prohibition of using evidence obtained through torture/CIDT (so-called exclusionary rule) absolute and applicable in all cases? How far does the international law obligation to prosecute and punish torture/CIDT perpetrators go? To what extent may individual perpetrators of torture/CIDT invoke mitigating circumstances or even justifications to avoid or diminish punishment for the commission of such acts in extreme circumstances? Does the passing of lenient sentences upon individual perpetrators of ill-treatment entail the responsibility of the State as a failure to punish? The present chapter will discuss these issues in light of contemporary international practice of various human rights bodies (treaty bodies and UN special procedures) and international/mixed criminal courts and tribunals.

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« Question of the Human Rights of All Persons Subjected to Any Form of Detention or Imprisonment, In Particular : Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Report of the Special Rapporteur, Mr. Nigel S. Rodley, Submitted Pursuant To United Nations Commission on Human Rights Resolution 1997/38, U.N. Doc. E/CN. 4/ 1998/38/add. 2 (14 January 1998) ». Dans Mexico : Facing the Challenges of Human Rights and Crime, sous la direction de William Gartwright, 417–45. Brill | Nijhoff, 1999. http://dx.doi.org/10.1163/9789004637832_011.

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Stephanie, Krisper. « Independence, Pluralism, and Efficiency of National Preventive Mechanisms ». Dans The United Nations Convention Against Torture and its Optional Protocol. Oxford University Press, 2019. http://dx.doi.org/10.1093/law/9780198846178.003.0054.

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This chapter discusses Article 18 of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. The role of national preventive mechanisms within the universal system of torture prevention is of special significance, especially as the novelty of the whole system ‘lies in requiring states to utilize such mechanisms in combating torture as a matter of international legal obligation’. Article 18(4) of the Optional Protocol explicitly refers to the Principles relating to the status of national institutions for the promotion and protection of human rights (Paris Principles) that States shall only give ‘due consideration’ to when establishing national preventive mechanisms. Hence, the provisions of Article 18 are interpreted in light of the travaux préparatoires and the Paris Principles.

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Stephanie, Krisper. « Privileges and Immunities ». Dans The United Nations Convention Against Torture and its Optional Protocol. Oxford University Press, 2019. http://dx.doi.org/10.1093/law/9780198846178.003.0071.

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This chapter discusses Article 35 of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, covering the chronology of draft texts, analysis of Working Group discussions, and issues of interpretation. Article 35 stipulates that the members of the Subcommittee on Prevention (SPT) as well as of the national preventive mechanisms shall be granted the necessary privileges and immunities in order to exercise their monitoring functions independently. With regard to the members of the SPT, special reference is made to the General Convention on the Privileges and Immunities of the United Nations of 13 February 1946. No special reference is made to international standards regarding national preventive mechanisms. However, according to Article 35 of the Optional Protocol, its members shall be granted privileges and immunities that are necessary for the independent exercise of their functions.

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Nowak, Manfred. « Global Perspectives on Solitary Confinement—Practices and Reforms Worldwide ». Dans Solitary Confinement, 43–58. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190947927.003.0003.

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This chapter puts the practice of solitary confinement in the context of and distinguishes it from other aggravated forms of deprivation of liberty, such as incommunicado detention, secret detention, and enforced disappearance. Thereafter, the case law of international and regional monitoring bodies and courts in respect of solitary confinement will be analyzed and compared with the author’s own experience as UN Special Rapporteur on Torture as well as with the experience of Juan Mendez who succeeded the author in this function. On the basis of medical and psychological research showing the harmful effects of solitary confinement on the mental and physical health of detainees, both the author and Juan Mendez contributed to the development of soft law standards, such as the Istanbul Statement and the Mandela Rules, adopted by the UN General Assembly in 2015. By taking powerful scientific evidence into account, these soft law standards, which in principle prohibit every form of solitary confinement for more than fifteen days, are much more advanced than the fairly permissive standards of hard law, as interpreted by regional human rights courts and universal treaty monitoring bodies.

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Actes de conférences sur le sujet "Special Rapporteur on Torture and Other Cruel"

Krstevska Savovska, Katerina. « PROTECTING THE ANIMAL WELFARE THROUGH THE CRIMINAL ACT “TORTURING ANIMALS” - MACEDONIAN LEGISLATION AND JURISPRUDENCE ». Dans SECURITY HORIZONS. Faculty of Security- Skopje, 2023. http://dx.doi.org/10.20544/icp.8.1.23.p16.

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The Chapter XXII of the Macedonian Criminal Code is dedicated to criminal acts against the environment and nature. Among the acts that fall under this chapter is the criminal act of “Torturing animals”, with a widely prescribed object of protection. By stipulating a provision that prohibits the torture of animals, the Criminal Code at the same time provides protection of the animals from cruel behavior. Therefore, the Paper shall elaborate on the provisions of the Criminal Code, as well as other relevant domestic legislation and legislation of other countries that address the issue of animal welfare. In addition, the Paper shall give special attention to the statistical data disposable to the Macedonian State Statistical Office, i.e. the statistical data of submitted criminal reports, initiated accusations and delivered judgments for sanctioning of the perpetrators of such criminal act. Also, the database of the Supreme Court’s portal, which provides access to the jurisprudence of the Macedonian courts, shall be used as a source for specific judgments that establish cases in which animals have been tortured.

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