Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 35
Paragraph
Paragraph text
Indeed, none of the universal or regional human rights treaties prohibiting torture and other cruel, inhuman or degrading treatment or punishment require deprivation of liberty as a requisite element of torture or other ill-treatment. Even article 7 of the Rome Statute of the International Criminal Court (crimes against humanity), which in its definition of torture refers to the victim as being “in the custody or under the control of the accused”, makes no such requirement in relation to other ill-treatment. Similarly, the travaux préparatoires to the Convention against Torture suggest that “detention and similar direct control was meant only to constitute a precondition for the qualification of torture” and not in relation to other cruel, inhuman or degrading treatment or punishment.
Legal status
Non-negotiated soft law
Body
Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
Document type
Special Procedures' report
Means of adoption
N.A.
Topic(s)
Civil & Political Rights
Governance & Rule of Law
Person(s) affected
All
Year
2017
Paragraph type
Other
Paragraph focus
Prohibition of torture and “other” cruel, inhuman or degrading treatment or punishment