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© 2006 Prohibition of Torture Federal Ministry for Foreign Affairs of Austria
© 2006 “ No one shall be subjected to torture or to cruel, inhuman and degrading treatment or punishment.” Article 5 of the Universal Declaration of Human Rights Prohibition of Torture
© 2006 Prohibition of Torture ►Torture and ill-treatment is a direct threat to the security of any person or group ►The prohibition of torture is absolute ►It is a non-derogable right according to Art. 4 of the ICCPR ►Torture can never be justified under any circumstance ►Defined by Article 1 of the UN Convention against Torture (UN-CAT), adopted 1984, entry into force 1987 Prohibition of Torture
© 2006 Distinctive Elements of Torture ►An intentional act that causes severe physical or mental suffering ►An act that is inflicted on purpose ►By a state official or person acting in an official capacity => These elements featured in Art. 1 UNCAT do consider physical and psychological dimensions of torture, but are not all-inclusive! Prohibition of Torture
© 2006 Methods of Torture ►Physical torture: causes severe pain and excessive suffering, leads to mutilation, disfigurement or lasting injury as well as death ►Psychological torture: include deprivation and exhaustion techniques, solitary confinement, coercion and intimidation techniques. => All methods represent a grave assault on the dignity of the human being and a violation of her/his human rights Prohibition of Torture
© 2006 Motives for Torture ►To retain and exercise power over opponents or people embarking on progressive ideas ►To exercise political repression and oppression ►To exercise punishment ►To carry out revenge ►To silence opposition ►To obtain information and get a confession ►…. Many more. Prohibition of Torture
© 2006 Implementation and Monitoring ►Implementation and Monitoring need.. –An effective legal framework –Functioning control mechanisms –Ongoing training for those concerned ►UN Committee against Torture: international monitoring body based on Art 17 UNCAT ►UN Special Rapporteur on Torture ►Council of Europe Committee for the Prevention of Torture: best example for a regional monitoring body Prohibition of Torture
© 2006 Monitoring Committee for the Prevention of Torture ►Based on the Council of Europe Convention for the Prevention of Torture and inhuman or degrading treatment ►started its work in 1989 ►Multidisciplinary teams: doctors, lawyers, experts ►Conducts periodic visits to all Council of Europe member states as well as ad-hoc visits ►Examines detention facilities, police stations, psychiatric wards ►Reports remain confidential unless states do not cooperate (Turkey report published in 1992 and 1996) Prohibition of Torture
© 2006 Monitoring: UN Committee against Torture ►Established by Art 17 of the UN Convention against Torture ►Began its work in 1988 ►Receives and considers state parties ►May consider, upon permission of the state concerned, individual or inter-state complaints ►Optional Protocol to the UNCAT of 2002 established a universal and regular visiting system of detention facilities based on the model of the Council of Europe’s CPT Prohibition of Torture
© 2006 Monitoring: UN Special Rapporteur on Torture ►Established by Resolution 1965/33 ►Universal approach ►Transmits communications of urgent appeals and allegation letters to governments ►Undertakes fact-finding missions to countries which are alleged to conduct torture ►Submits annual reports on his work Prohibition of Torture
© 2006 Good Practices ►Prevention of Torture and inhuman or degrading treatment can be… –Grass-root, action-driven: campaigning, awareness raising, educational activities at the local level –Institution and capacity building, influencing structures and institutions already set up, reforming them or building up new structures ►An active civil society provides for protection: e.g. Amnesty International and its campaigns and letters seek to protect prisoners of conscience Prohibition of Torture
© 2006 Chronology 1948Universal Declaration of Human Rights 1949The Four Geneva Conventions 1957UN Standard Minimum Rules for the Treatment of Prisoners 1966International Covenant on Civil and Political Rights 1979UN Code of Conduct for Law Enforcement Officials 1982Principles of Medical Ethics Relevant to the Role of Health Personnel, Particularly Physicians, in the Protection of Prisoners and Detainees against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Prohibition of Torture
© 2006 1984UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1987The European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment entry into force 1989CoE-Committee for the Prevention of Torture established 1990 UN Rules for the Protection of Juveniles Deprived of their Liberty 1998 Statute of the International Criminal Court 2002Optional Protocol to the UN CAT establishing a universal visiting scheme Prohibition of Torture
HUMAN RIGHTS LAW. Ahmed T. Ghandour.. HUMAN RIGHTS IN EUROPE II. OTHER INSTRUMENTS AND PROCEDURES.
“Global Violence: Consequences and Responses” Deprivation of liberty in armed conflict and other situations of violence – Legal Aspects The Crime of Torture.
1 Ha Noi, Viet Nam, 6 June 2014 Manfred Nowak Professor of International Law and Human Rights, University of Vienna, Austria Austrian Chair Visiting Professor.
Domestication and Implementation Package B The duty to prevent torture and other ill treatment © The Article 5 Initiative, 2013.
Pretrial Detention and Torture Moritz Birk, Julia Kozma and Debra Long MULTI-DISCIPLINARY MEETING THE GLOBAL CAMPAIGN FOR PRETRIAL JUSTICE 19th-20th November.
Torture-effective remedies and fact finding procedures… is there such a thing in Serbia? Jovana Zorić Nevena Dičić Kostić Maja Nešović.
Human rights during detention Workshop 8 Alexandria, Arab Republic of Egypt by Perry C. Quak The Netherlands.
© 2006 Prohibition of Torture Human Security Dimension Federal Ministry for Foreign Affairs of Austria.
Human Rights and Bioethics: Lessons from the Geneva Conventions, the Guantanamo Hunger Strikes, and the Nuremberg Code George J. Annas Professor and Chair.
Human Rights Grave Violations
Course: European Criminal Law SS 2009 Hubert Hinterhofer.
Torture and Human Rights in Africa
International Law: Unit 6 Human Rights Mr. Morrison Fall 2005.
REPUBLIC OF SERBIA PROTECTOR OF CITIZENS Protector of Citizens (Ombudsman) European NPM Project Roundtable discussion on the establishment of the NPM in.
ISS Conference, 21 August ISS Conference August 2013.
The UPR within the context of the UN Human Rights System.
PRISON HEALTH in EUROPE the CPT experience European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment Marzena Ksel.
Torture Prevention: Deconstructed Dr Elina Steinerte Human Rights Implementation Centre University of Bristol Regional Conference ‘Prevention of Torture:
Law Human Rights, OPCAT and ‘closed environments’ Dr Bronwyn Naylor Presentation for DHS and DoH 9 th September 2011 Dr Bronwyn Naylor.
Independent Police Investigative Directorate Bill Association for the Prevention of Torture Association pour la prévention de la torture Asociación para.
Monitoring for human rights in places of detention: NPMs and IMBs – how effective are they in securing human rights? An ARC-funded project Cambridge University,
United Nations Office of the High Commissioner for Human Rights The individual complaints procedure under the treaty bodies.
Chapter 2. The major universal human rights
5 September 2007Maria Lundberg, NCHR1 JUR 5710 Institutions and Procedures UN Treaty bodies.
Lawrence M. Hinman, Ph.D. Director, The Values Institute University of San Diego The Ethics of Torture 1/30/2016©Lawrence M. Hinman1 The Ethics of Torture.
By: Louise Frost. - Play a vital role in our justice system. They are there to punish people who break the law and then guide them back to society.
INTERNATIONAL HUMAN RIGHTS MECHANISMS
International non-governmental organization founded in 1979 (International Year of the Child) Forefront.
Mental Health Policy, Human Rights & the Law Mental Disability Advocacy Program Open Society Institute Camilla Parker October 2004.
Geneva Centre for the Democratic Control of Armed Forces (DCAF) Dr. Hans Born Senior Fellow, 1 November 2005, Geneva 1. SSG:
”. Torture, Justice and Democracy: Myths and Misconceptions Alice Verghese Reagan-Fascell Democracy Fellow National Endowment for Democracy June 25, 2008.
MODULE 1 Prevention through Documentation Project
© 2006 Human Rights of the Child Federal Ministry for Foreign Affairs of Austria.
Human Rights Folk School TORTURE & UN Convention Against Torture (CAT) By Baseer Naweed.
CIVIL & POLITICAL RIGHTS
Introduction to the Article 5 Initiative and the key instruments for promoting freedom from torture and other ill treatment.
In cooperation with the Chapter 8 International legal standards for the protection of persons deprived of their liberty Facilitator’s Guide.
The International Prohibition against Torture
THE ABSOLUTE PROHIBITION OF TORTURE RIGHTS AND REALITIES.
© 2006 Rule of Law and Fair Trial Federal Ministry for Foreign Affairs of Austria Rule of Law and Fair Trial.
20 October 2008Maria Lundberg, NCHR1 JUR 5710 Institutions and Procedures CASE OF SOERING v. THE UNITED KINGDOM (Application no /88) 07 July 1989.
The UN human rights system and indigenous peoples
HUMAN RIGHTS AND U.N. SYSTEM Raminder Dhiman, MBA-IB.
United Nations Convention Against Torture. Simulation.
Internal Armed Conflict and the Law
Detention and Interrogation Defense Institute of International Legal Studies Regional Defense Combating Terrorism Fellowship Program.
Justine Hinwood and Spencer Reynolds Project report, including slide show (here), dossier and dialogue (separate download) STS390, “Media, war and peace”
Torture and Positive Law: Jurisprudence for the White House Jeremy Waldron.
The Palestinian Occupied Territories and Human Rights Focus on the Right to Life Presentation of Anne Paquier.
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