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Convention against Torture and Other Cruel, Inhuman or Degrading Treatment…
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
Definition
the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, .
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"For the Purposes of obtaining information,confession or punishment for the act of the third person"
or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.
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Exception - It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions
Jus Cogens
No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.
Acts of cruel, inhuman or degrading treatment or punishment
Article 16
Each State Party shall undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in article I, when such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity
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Duties of the State Articles 4,5,7
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HRC
Found violations in relation to relatives of victims of disappearance based upon the anguish caused to family member of the disappearance victims and the State’s failure to properly investigate and punish the wrongdoers for the disappearances or murders at issue. See, for example: Quinteros v. Uruguay, Human Rights Committee Communication
means by which the death penalty is imposed may violate the right to freedom from torture, cruel, inhuman or degrading punishment under certain circumstances
Robben Island Guidelines Monitoring Committee under the African Charter on Human and Peoples' Rights
- calls on States on the one hand to ratify existing legal instruments and integrate them into domestic legislation. In particular, the act of torture must be 'criminalized' and prosecuted. On the other hand, it invites States to cooperate with regional and international human rights mechanisms.
- The second part 'Prevention of Torture' presents a range of preventive measures, covering the different stages of criminal law procedure in which there is a real risk of torture occurring. It details the safeguards that should be provided, in particular, during arrest, custody, temporary detention, trial and imprisonment in general. The Guidelines also highlight the need to establish mechanisms of oversight, for example a system for regular visits to places of detention and independent bodies empowered to receive complaints. They further advocate for the setting up of educational and awareness-raising programmes for the public as well as human rights training, in particular for law enforcement officials.
- The third part 'Responding to the Needs of Victims' looks at ways of responding to the needs of such victims. Indeed, assisting the victims is also a duty of States, which should take measures to treat, support and provide reparation and rehabilitation for the victims.
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