International law, Sixth edition
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International Law MALCOLM N. SHAW
and Human Rights, p. 509; R. Bank, ‘Country-Oriented Procedures under the Conven-
tion against Torture: Towards a New Dynamism’ in Alston and Crawford, Future, p. 145; Rehman, International Human Rights Law, chapter 15; N. Rodley, The Treatment of Pris- oners under International Law, 2nd edn, Oxford, 1999; A. Boulesbaa, The UN Convention on Torture and Prospects for Enforcement, The Hague, 1999; M. Evans, ‘Getting to Grips with Torture’, 51 ICLQ, 2002, p. 365; J. Burgers and H. Danelius, The United Nations Convention against Torture, Boston, 1988; Meron, Human Rights in International Law, pp. 126–30, 165–6, 511–15; S. Ackerman, ‘Torture and Other Forms of Cruel and Unusual Punishment in International Law’, 11 Vanderbilt Journal of Transnational Law, 1978, p. 653; Amnesty International, Torture in the Eighties, London, 1984; A. Dormenval, ‘UN Committee Against Torture: Practice and Perspectives’, 8 NQHR, 1990, p. 26; Z. Haquani, ‘La Convention des Nations Unies Contre la Torture’, 90 RGDIP, 1986, p. 127; N. Lerner, ‘The UN Convention on Torture’, 16 Israel Yearbook on Human Rights, 1986, p. 126, and R. St J. Macdonald, ‘International Prohibitions against Torture and other Forms of Similar Treatment or Punishment’ in International Law at a Time of Perplexity (ed. Y. Dinstein), Dordrecht, 1987, p. 385. 334 See e.g. article 5 of the Universal Declaration; article 7 of the Civil and Political Rights Covenant; article 3 of the European Convention on Human Rights; article 5 of the Inter- American Convention on Human Rights; article 5 of the African Charter on Human and Peoples’ Rights; the UN Convention against Torture, 1984; the European Convention on the Prevention of Torture, 1987 and the Inter-American Convention to Prevent and Punish Torture, 1985. 335 See e.g. the four Geneva Red Cross Conventions, 1949 and the two Additional Protocols of 1977. 336 See e.g. Ex parte Pinochet (No. 3) [2000] 1 AC 147, 198; 119 ILR, p. 135 and the Furundˇzija case, 121 ILR, pp. 213, 260–2. See also Al-Adsani v. UK, European Court of Human Rights, Judgment of 21 November 2001, para. 61; 123 ILR, pp. 24, 41–2. 337 See e.g. Vuolanne v. Finland, 265/87, 96 ILR, p. 649, and generally Joseph et al., Interna- tional Covenant, chapter 9. 338 See e.g. Selmouni v. France, Judgment of 28 July 1999. 339 See e.g. the Delali´c case, IT-96-21, Judgment of 16 November 1998. t h e p r o t e c t i o n o f h u m a n r i g h t s 327 Declaration on the Protection of All Persons from being subjected to Torture and Other Cruel, Inhuman and Degrading Treatment or Punish- ment adopted by the General Assembly in 1975. 340 Other relevant instru- ments preceding the Convention were the Standard Minimum Rules for the Treatment of Prisoners, 1955, the Code of Conduct for Law Enforce- ment Officers, 1979 (article 5) and the Principles of Medical Ethics, 1982 (Principles 1 and 2). 341 Torture is defined in article 1 of the Convention against Torture to mean: [a]ny 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, 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 the acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions. The states parties to the Convention are under duties inter alia to take measures to prevent such activities in territories under their jurisdiction (article 2), not to return a person to a country where he may be subjected to torture (article 3), to make torture a criminal offence and establish jurisdiction over it (articles 4 and 5), 342 to prosecute or extradite persons charged with torture (article 7) and to provide a remedy for persons tortured (article 14). The Committee against Torture was established under Part II of the Convention against Torture, 1984 and commenced work in 1987. It consists of ten independent experts. In an interesting comment on the proliferation of international human rights committees and the dangers of inconsistencies developing, article 17(2) provides that in nominating experts, states parties should ‘bear in mind the usefulness of nominating persons who are also members of the Human Rights Committee’. 340 General Assembly resolution 3452 (XXX). 341 Note also the Principles on the Protection of Persons under Detention or Imprisonment adopted by the General Assembly in 1989. See generally Human Rights: A Compilation of Download 7.77 Mb. Do'stlaringiz bilan baham: |
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