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The prohibition of torture - the right to physical and mental integrity - is guaranteed in the strongest terms under international law. It is protected as an absolute right, non-derogable even in times of war or public emergency under many human rights treaties and is also generally accepted as a part of customary international law and even ius cogens. The main instrument to combat torture within the framework of the United Nations is the Convention Against Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT). This Commentary explores the problematic definition of torture in the Convention, the substantive obligations of States parties, the principle of 'non-refoulement', provisions for international monitoring, and also the concept of preventative visits to all places of detention as contained in the Optional Protocol to the CAT. It also covers issues including the distinction between torture and cruel inhuman or degrading treatment and the principle of non-admissibility of evidence extracted under torture. Full article by article commentary on the Convention also provides historical context and thorough analysis of case-law and practice from international and regional courts and monitoring bodies. Relevant case-law from domestic courts are also discussed. Despite the broad ratification and the universal recognition of the prohibition of torture and other forms of ill-treatment we witness a 'global crisis' affecting the majority of countries worldwide. In recent years the protection of human rights is experiencing a particularly serious crisis - also affecting the phenomenon of torture - in which official narratives and public belief often trivialise and even endorse such practices in the name of security and the fight against terrorism, ignoring the suffering and damages it causes. On the other hand, the positive experiences in some States illustrate that torture can be eradicated if the provisions of CAT and OPCAT are taken seriously and are being fully implemented. This is an open access title available under the terms of a CC BY-NC 4.0 International licence. It is offered as a free PDF download from OUP and selected open access locations.
Introduction Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Preamble Part I: Substantive Articles Article 1. Definition of Torture Article 2. Obligation to Prevent Torture Article 3. Principle of Non-Refoulement Article 4. Obligation to Criminalize Torture Article 5. Types of Jurisdiction over the Offence of Torture Article 6. Procedural Safeguards During the Preliminary Investigation Phase Article 7. Aut Dedere aut Judicare Article 8. The Convention as a Basis for Extradition Article 9. Mutual Judicial Assistance Article 10. Training of Personnel Article 11. Review of detention and interrogation rules Article 12. Ex Officio Investigations Article 13. Right of Victims to Complain Article 14. Right of torture victims to adequate remedy and reparation Article 15. Non-Admissibility of Evidence Obtained by Torture Article 16. Cruel, Inhuman or Degrading Treatment or Punishment Part II: Procedural Articles Article 17. Committee against Torture Article 18. Rules of Procedure Article 19. State Reporting Procedure Article 20. Inquiry Procedure Article 21. Inter-State Communications Article 22. Individual Complaints Procedure Article 23. Privileges and Immunities Article 24. Annual Report Part III: Final Clauses Article 25. Signature and Ratification Article 26. Accession and Succession Article 27. Entry into Force Article 28. Opting out of the inquiry Procedure Article 29. Amendment Article 30. Settlement of Disputes Article 31. Denunciation Article 32. Notification by the Secretary-General Article 33. Authentic Texts Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Preamble Part I: General Principles Article 1. System of Preventive Visits to Places of Detention Article 2. Establishment of a UN Subcommittee on Prevention Article 3. National Preventive Mechanism Article 4. Obligation to allow Preventive Visits to all Places of Detention Part II: Subcommittee on Prevention Article 5. Size and Composition of the Subcommittee on Prevention Article 6. Nomination of Subcommittee Members Article 7. Election of the Subcommittee Article 8. Filling of Vacancies Article 9. Term of Office Article 10. Rules of Procedures Part III: Mandate of the Subcommittee on Prevention Article 11. Mandate of the Subcommittee Article 12. Obligations of States Parties to Cooperate with the Subcommittee Article 13. Obligations of the Subcommittee Concerning Country Missions Article 14. Obligation of States Parties to Facilitate Visits by the Subcommittee to Places of Detention Article 15. Prohibition of Sanctions against any Source of Information of the Subcommittee Article 16. Reports of the Subcommittee Part IV: National Preventive Mechanisms Article 17. Establishment of National Preventive Mechanisms Article 18. Independence, Pluralism and Efficiency of National Preventive Mechanisms Article 19. Mandate and Power of National Preventive Mechanisms Article 20. Obligations of States Parties to Facilitate Visits by the National Preventive Mechanisms Article 21. Prohibition of Sanctions against any Source of Information of the NPM Article 22. Obligation of States Parties to Examine the Recommendations of National Preventive Mechanisms Article 23. Annual Report of the National Preventive Mechanism Part V: Declaration Article 24. Temporary Opting-Out Declaration Part VI: Financial Provisions Article 25. Financing of the Subcommittee Article 26. Special Fund Part VII: Final Provisions Article 27. Signature, Ratification and Accession Article 28. Entry into Force Article 29. Validity in Federal States Article 30. Prohibition of Reservations Article 31. Relation to Regional Systems of Preventive Visits to Places of Detention Article 32. Relation to the International Committee of the Red Cross Article 33. Denunciation Article 34. Amendments Article 35. Privileges and Immunities Article 36. Obligations of Members of the Subcommittee during Country Missions Article 37. Authentic Texts Appendices
Author(s) | Edited by Manfred Nowak (Scientific Director of the Ludwig Boltzmann Institute of Human Rights, and Professor of International Human Rights at the University of Vienna), Moritz Birk (Head of the Department of Human Dignity and Public Security, Head of the Department of Human Dignity and Public Security, Ludwig Boltzmann Institute of Human Rights), Giuliana Monina (Researcher in the Department of Human Dignity and Public Security, Researcher in the Department of Human Dignity and Public Security, Ludwig Boltzmann Institute of Human Rights). |
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Publisher | Oxford University Press |
ISBN | 9780198846178 |
Format | Hardback |
Pages | 1360 |
Published in | United Kingdom |
Published | 26 Dec 2019 |
Availability | Available |
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