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16 - What’s in a name? The prohibitions on torture and ill treatment today

from Part IV - Pressures

Published online by Cambridge University Press:  05 December 2012

By
Manfred Nowak
Edited by
Conor Gearty  and
Costas Douzinas
Conor Gearty
Affiliation:
London School of Economics and Political Science
Costas Douzinas
Affiliation:
Birkbeck College, University of London
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Summary

Torture constitutes one of the most serious human rights violations and a direct attack on the core of the dignity and integrity of human beings. As a consequence, the prohibition of torture has been recognised as one of the very few absolute and non-derogable rights in a variety of global and regional human rights treaties. It also has been accepted as a rule of ius cogens under international law, in times of both peace and armed conflict. Nevertheless, after having carried out the mandate of UN Special Rapporteur on Torture for six years and having conducted fact-finding missions to eighteen countries in all world regions as well as three joint studies with other special procedures, I have come to the conclusion that torture is practised in more than 90 per cent of all countries and constitutes a widespread practice in more than 50 per cent of all countries. In addition, I have found highly deplorable conditions of detention in most countries that often amount to cruel, inhuman or degrading treatment. I was so alarmed by these findings that I have spoken of a global prison crisis and have called for a UN Convention on the Rights of Detainees.

In reaction to the systematic practice of torture in Latin American military dictatorships the UN in 1984 adopted the special Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) aimed at strengthening the prohibition of torture and ill treatment through a number of positive obligations to prevent torture, to criminalise torture and bring the perpetrators of torture to justice, and to provide torture survivors with an effective remedy and reparation for the harm suffered.

Type
Chapter
Information
The Cambridge Companion to Human Rights Law , pp. 307 - 328
Publisher: Cambridge University Press
Print publication year: 2012

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References

Boulesbaa, A., The UN Convention on Torture and the Prospects for Enforcement (The Hague: Martinus Nijhoff 1999)Google Scholar
Burgers, H. and Danelius, H., The United Nations Convention against Torture: Handbook on the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Dordrecht: Martinus Nijhoff 1988)Google Scholar
Cohen, M. (ed.), The United States and Torture: Interrogation, Incarceration, and Abuse (New York University Press 2011)
Dewulf, S., The Signature of Evil: (Re)Defining Torture in International Law (Oxford/Antwerp/Portland, OR: Intersentia 2011)Google Scholar
Dunér, B. (ed.), An End to Torture: Strategies for its Eradication (London: Zed 1998)
Evans, M. D. and Morgan, R. (eds.), Protecting Prisoners: The Standards of the European Committee for the Prevention of Torture (Oxford University Press 1999)
Ingelse, C., The UN Committee against Torture: An Assessment (The Hague/London/Boston: Kluwer Law 2001)Google Scholar
Jaffer, J. and Singh, A., Administration of Torture (New York: Columbia University Press 2007)CrossRefGoogle Scholar
Kriebaum, U., Folterprävention in Europa: Die Europäische Konvention zur Verhütung von Folter und unmenschlicher oder erniedrigender Behandlung oder Bestrafung (Vienna: Verlag Österreich 2000)Google Scholar
Langbein, J. H., Torture and the Law of Proof: Europe and England in the Ancien Régime (Chicago University Press 2006)Google Scholar
McCoy, A. W., A Question of Torture: CIA Interrogation, from the Cold War to the War on Terror (Basingstoke: Macmillan 2006)Google Scholar
Nowak, M., UN Covenant on Civil and Political Rights – CCPR Commentary, 2nd edn (Kehl/Strasbourg/Arlington, TX: N. P. Engel 2005)Google Scholar
Nowak, M., ‘What Practices Constitute Torture? US and UN Standards’ (2006) 28 (4) Human Rights Quarterly809–41CrossRefGoogle Scholar
Nowak, M., ‘The Crime of Torture’, in Odello, M. and Beruto, G. L. (eds.), Global Violence: Consequences and Responses (Milan: Franco Angeli 2011) 157–63, .Google Scholar
Nowak, M., ‘Torture and Enforced Disappearance’, in Scheinin, M. and Krause, C., International Protection of Human Rights: A Textbook (Turku/Åbo: Åbo University Institute for Human Rights 2009)Google Scholar
Nowak, M. and McArthur, E., The United Nations Convention against Torture: A Commentary (Oxford University Press 2008)CrossRefGoogle Scholar
Report of the Special Rapporteur on Torture and other cruel, inhuman or degrading treatment or punishment, Study on the Phenomena of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in the World, Including an Assessment of Conditions of Detention, UN Doc., A/HRC/13/39/Add.5 of 5 February 2010
Rodley, N. S., The Treatment of Prisoners under International Law (Oxford University Press 2009)Google Scholar
Schabas, W. A., ‘The Crime of Torture and the International Criminal Tribunals’, (2005) 37 Case Western Reserve Journal of International Law349–64Google Scholar
Schabas, W. A., The International Criminal Court: A Commentary on the Rome Statute (Oxford University Press 2010)CrossRefGoogle Scholar
Nowak, M. and McArthur, E., The United Nations Convention against Torture: A Commentary (Oxford University Press 2008)CrossRefGoogle Scholar
Nowak, M., ‘Torture and Enforced Disappearance’, in Scheinin, M. and Krause, C., International Protection of Human Rights: A Textbook (Turku/Åbo: Åbo University Institute for Human Rights 2009), 151–82.Google Scholar
Burgers, H. and Danelius, H., The United Nations Convention against Torture: Handbook on the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Dordrecht: Martinus Nijhoff 1988)Google Scholar
Ingelse, C., The UN Committee against Torture: An Assessment (The Hague/London/Boston, MA: Kluwer Law 2001)Google Scholar
Boulesbaa, A., The UN Convention on Torture and the Prospects for Enforcement (The Hague: Martinus Nijhoff 1999)Google Scholar
Schabas, W. A., ‘The Crime of Torture and the International Criminal Tribunals’ (2005) 37 Case Western Reserve Journal of International Law349–64.Google Scholar
Nowak, M., ‘What Practices Constitute Torture? US and UN Standards’ (2006) 28 (4) Human Rights Quarterly809–41.CrossRefGoogle Scholar
Nowak, M., ‘The Crime of Torture’, in Odello, M. and Beruto, G. L. (eds.), Global Violence: Consequences and Responses (Milan: Franco Angeli 2011) 157–63,Google Scholar
Osbourne v. Jamaica of 15 March 2000 (Comm. No. 759/1997)
ECtHR, , Soering v. United Kingdom, judgment of 7 July 1989
Canada, Decision of 7 January 1994 (Comm. No. 469/1991)
Judicial Committee of the Privy Council, Pratt and Morgan v. The Attorney General for Jamaica, judgment of 2 November 1993
Roper v. Simmons, 543 US 551 (2005)

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