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Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 61
- Paragraph text
- Female genital mutilation has severely negative health consequences, including risk of death; has no documented health benefits; causes severe stress and shock, anxiety and depression; and has long-lasting, negative health consequences including higher risks of post-partum haemorrhage and other obstetric complications.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Health
- Person(s) affected
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 48
- Paragraph text
- The Special Rapporteur found legislation where the definition was in line with the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in some countries, such as the Republic of Moldova. The definition in the Sri Lankan legislation is in accordance with the Convention; however, it does not include "suffering". Moreover, since the implementation of the Emergency Regulations, most of the safeguards against torture either do not apply or are simply disregarded. In Equatorial Guinea, the definition was mainly in line with the Convention, with a catch-all clause broad enough to comply with it.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 51
- Paragraph text
- However, during his fact-finding missions, the Special Rapporteur found that torture is often treated as a misdemeanour, such as in Mongolia, and penalties are too lenient, sometimes ranging from a few months to two years' imprisonment. In the Republic of Moldova and Equatorial Guinea, the sanctions could be for up to five and six years' imprisonment, respectively. The sentences in other countries, such as Jordan, were simply administrative sanctions ranging from six months to three years. In Togo, where a proper crime of torture is lacking, the provision of the Criminal Code relating to "wilful violence" is sometimes applied, but subject to statutes of limitations.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 56
- Paragraph text
- A further concern is the fact that the authorities entrusted with investigating allegations of torture and ill-treatment are frequently the same authorities who are accused of committing such acts (i.e. the police), as is the case in Denmark, Georgia, Jordan and Nepal. Additionally, in Georgia, Mongolia and Paraguay, the investigation may also be carried out by the Office of the Prosecutor, the same authority responsible for prosecuting the case against the victim. The lack of independent investigating bodies with no connection to the authority investigating or prosecuting the case (a proper "police-police") prevents victims from obtaining justice and is one of the main impediments to combating impunity.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 79
- Paragraph text
- As of July 2010, a total of 54 States, including 8 States visited by the Special Rapporteur, were parties to the Optional Protocol. Of those, 32 States have designated national preventive mechanisms. Given that all the existing national preventive mechanisms are still at an initial stage and have yet to develop their practices, the current phase is absolutely crucial in terms of paving the way for the Optional Protocol to exert its full potential for the prevention of torture. Against this background, a first stocktaking would appear to be instructive in order to identify lessons learned and potential pitfalls in the process of setting up national preventive mechanisms.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 81
- Paragraph text
- States parties have taken different approaches to establishing a national preventive mechanism in compliance with the Optional Protocol, either designating existing institutions or establishing an entirely new body, both of which have advantages and disadvantages. By designating an existing institution such as the national human rights institution, the national preventive mechanism may benefit from that institution's previous experience and positive and visible public profile. On the other hand, it may take over potential problems and shortcomings of the existing institution in terms of public perception, a narrow mandate and a lack of resources. The establishment of an entirely new body may require additional efforts and resources but enables States parties to model the mechanism precisely according to the requirements of the Optional Protocol, instead of making amendments to existing legislation. The ideal model depends on the specific circumstances of each State.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 83
- Paragraph text
- Even the most independent national preventive mechanism with the strongest mandate cannot function without sufficient resources. Therefore, article 18, paragraph 3, of the Optional Protocol expressly requires States to provide "the necessary resources for the functioning of the national preventive mechanisms". However, lack of resources remains one of the main problems of existing national preventive mechanisms, as the task of regularly monitoring all places of detention is very complex and costly. It is by the allocation of adequate resources that States parties demonstrate their genuine commitment to the prevention of torture. France set a positive example by assigning extensive human and financial (2.5 million euros) resources to its national preventive mechanism. Similarly, New Zealand has considerably increased the resources of its national preventive mechanism after the first year of functioning. The Special Rapporteur and the Subcommittee on Prevention of Torture previously raised the concern that some States that had designated existing institutions as national preventive mechanisms had not allocated sufficient additional resources, for example Denmark, Maldives and Sweden. A particularly worrying example is Germany, where the national preventive mechanism has an alarming lack of human and financial resources. As the country with the largest population in Europe, it is merely assigning four part-time unpaid staff members to the regional national preventive mechanism body and one unpaid person to the federal national preventive mechanism body, with a budget of only 300,000 euros. The Special Rapporteur has previously criticized these resources as being insufficient to allow the national preventive mechanism to fulfil the task of regular, systematic monitoring of all places of detention.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 84
- Paragraph text
- The provision of inadequate resources has an effect on the capabilities and professional knowledge required by article 18, paragraph 2, of the Optional Protocol. A pluralistic composition cannot be ensured by a national preventive mechanism body that consists of only one member, as is the case in Germany. In contrast, the French national preventive mechanism has 14 full-time inspectors and can call on an additional 14 inspectors to take part in specific missions, thereby facilitating the participation of persons from various educational and professional backgrounds. Small national preventive mechanisms with only a few members have to largely rely on the expertise of ad hoc members or external experts for the effective performance of monitoring visits. In practice, this can create difficulties, including in regard to their availability. Therefore, some States, for example the Czech Republic, Denmark, Luxembourg and Slovenia, have entered into cooperation agreements with relevant civil society organizations in order to ensure external support for their national preventive mechanisms.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 85
- Paragraph text
- In order for national preventive mechanisms to carry out their functions effectively, they must have a clear understanding of their tasks and roles. Particular problems can arise for a national preventive mechanism that functions within a previously existing institution such as a national human rights institution, for a national preventive mechanism composed of several bodies and for a national preventive mechanism that cooperates institutionally with civil society organizations. Those models all require a particular effort of planning and coordination and a clarification of the exact roles and tasks within the institution. In national human rights institutions designated as national preventive mechanisms, the roles of the members of the national preventive mechanism and the staff of the national human rights institution may not always be clear and the different tasks of the national human rights institution may impede the effective and autonomous functioning of the national preventive mechanism. Therefore, it is recommended that national human rights institutions designated as national preventive mechanisms create separate units or departments where employees are explicitly and fully assigned for the performance of the tasks of the national preventive mechanism, as in Costa Rica, Luxembourg, Maldives, Mexico and Spain. The units should have an autonomous agenda and programme of action, and their own staff and budget. Concerning the designation of several existing institutions as national preventive mechanisms, as in the United Kingdom and New Zealand, adequate coordination of the work of the bodies is necessary in order for them to function effectively and coherently. An equal need for coordination and coherence arises in cases where national preventive mechanisms cooperate institutionally with non governmental organizations, as in the Republic of Moldova and Slovenia. In the Republic of Moldova, their institutional involvement has led to a serious internal conflict over the competences and roles of the different members. Additionally, there is a risk of the dilution of their mandates for non-governmental organizations and of a loss of independence and credibility for the national preventive mechanism if the division of tasks is unclear.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 50
- Paragraph text
- All too often, the safeguards required by international human rights law are either not foreseen or not effective.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 65
- Paragraph text
- The principle of non-refoulement is an important principle codified in several international instruments, considered part of international customary law and reflected in international jurisprudence prohibiting the return or extradition of a person to another State where there are substantial grounds for believing that he or she would face the risk of being tortured. States are thus not only prohibited from subjecting persons to torture but also from sending them to States where they face that risk, or through indirect or "chain" refoulement. The sending State is therefore responsible for undertaking a proper risk assessment of the situation in the receiving State.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 77d
- Paragraph text
- [In building upon the general recommendations elaborated by his distinguished predecessor, Theo van Boven, in 2003, the Special Rapporteur wishes to particularly stress the following recommendations:] The international community should establish a global fund for national human rights protection systems which will assist States in their efforts to improve and reform national criminal justice systems, including the judiciary, prosecutors, police and prisons. That fund shall be financed by States, non-governmental organizations and the corporate sector and shall contribute to the legal empowerment of the poor;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Solitary confinement 2011, para. 21
- Paragraph text
- The Special Rapporteur's predecessors have noted that prolonged solitary confinement may itself amount to prohibited ill-treatment or torture (E/CN.4/1999/61, para. 394, and E/CN.4/2003/68, para. 26 (m)).
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Solitary confinement 2011, para. 40a
- Paragraph text
- [The justifications provided by States for the use of solitary confinement fall into five general categories:] To punish an individual (as part of the judicially imposed sentence or as part of a disciplinary regime);
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Solitary confinement 2011, para. 40b
- Paragraph text
- [The justifications provided by States for the use of solitary confinement fall into five general categories:] To protect vulnerable individuals;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Solitary confinement 2011, para. 40c
- Paragraph text
- [The justifications provided by States for the use of solitary confinement fall into five general categories:] To facilitate prison management of certain individuals;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Solitary confinement 2011, para. 40d
- Paragraph text
- [The justifications provided by States for the use of solitary confinement fall into five general categories:] To protect or promote national security;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Solitary confinement 2011, para. 40e
- Paragraph text
- [The justifications provided by States for the use of solitary confinement fall into five general categories:] To facilitate pre-charge or pretrial investigations.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Solitary confinement 2011, para. 62
- Paragraph text
- Negative health effects can occur after only a few days in solitary confinement, and the health risks rise with each additional day spent in such conditions. Experts who have examined the impact of solitary confinement have found three common elements that are inherently present in solitary confinement - social isolation, minimal environmental stimulation and "minimal opportunity for social interaction". Research further shows that solitary confinement appears to cause "psychotic disturbances," a syndrome that has been described as "prison psychoses". Symptoms can include anxiety, depression, anger, cognitive disturbances, perceptual distortions, paranoia and psychosis and self-harm (see annex for a comprehensive list of symptoms).
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Overview of working methods and vision 2011, para. 48
- Paragraph text
- The Special Rapporteur is encouraged by the efforts of various organizations to ensure appropriate remedies and reparation for victims. He commends the adoption of the "Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law" by the General Assembly as an important step towards fulfilling minimum standards for victims. However, he remains dissatisfied by the lack of progress in institutionalizing these basic principles and guidelines in most States. He notes that victims have only been awarded formal rights, including at the national level, but that these rights are often modest and peripheral to the justice systems.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Overview of working methods and vision 2011, para. 50
- Paragraph text
- The Special Rapporteur observes that acts of torture and ill-treatment remain a widespread phenomenon in today's world. In the last decade, State practices and approaches to torture, particularly in view of the ongoing security threats associated with the war on terror, responses to immigration concerns, citizen security and organized crime have tended to weaken or reinterpret the absolute prohibition on torture. While civil society organizations and members of the judiciaries of those countries where such practices have taken place have condemned them, a net effect in some sectors of public opinion has been a tendency to countenance torture as a "necessary evil." The Special Rapporteur believes it is his duty to confront this debate in all its legal, political, ethical and practical dimensions, and demonstrate that embarking on a path that permits torture and cruel, inhuman or degrading treatment or punishment is not only immoral and illegal, but also counter-productive to law-enforcement efforts. He hopes, in this context, to join many others who wish to counter this worrying trend towards a severe erosion of some of the gains of the last four decades.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Overview of working methods and vision 2011, para. 55
- Paragraph text
- In his report to the 13th session of the Human Rights Council, the Special Rapporteur on the promotion and protection of human rights while countering terrorism takes the view that "reliance on information from torture in another country, even if the information is obtained only for operational purposes, inevitably implies the "recognition of lawfulness" of such practices and therefore triggers the application of principles of State responsibility. Hence, States that receive information obtained through torture or inhuman and degrading treatment are complicit in the commission of internationally wrongful acts. Such involvement is also irreconcilable with the obligation erga omnes of States to cooperate in the eradication of torture." The Special Rapporteur shares this view and believes that this is a good starting point for future deliberation on the subject.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Overview of working methods and vision 2011, para. 56
- Paragraph text
- In the considered opinion of the Special Rapporteur, in order for the "exclusionary rule" to work as a preventative measure and create a disincentive for would-be abusers to deploy ill-treatment as a tool for extracting confessions or corroborating information, its applicability must be extended to cover intelligence and executive decisions. In other words, it can only remain effective if it is applicable to all and any information which may form the basis of a judicial or administrative process or decisions by the executive and its agencies. The Special Rapporteur intends to ensure enhanced respect for, and adherence to, the principle set out in article 15 of the Convention one of the central themes for his engagement with States and other actors during his tenure. Questions relating to the applicability of the exclusionary rule to executive decisions and intelligence gathering will be the subject of further consideration in future reports of the mandate.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Overview of working methods and vision 2011, para. 57
- Paragraph text
- The Special Rapporteur also intends to explore the possibility of a teleological interpretation of the exclusionary rule contained in article 15 of the Convention, as he believes that this norm is both a fundamental due process standard as well as a tool to discourage investigators and security agents from practicing torture and ill-treatment. In this regard, it would be important to consider whether the exclusion of evidence should be extended not only to confessions and statements obtained under torture, but also to all other pieces of evidence obtained through legal means but whose leads originate in an act of torture. In some jurisdictions, this approach has been called the "fruit of the poisonous tree" doctrine. While acknowledging that the international standard does not go so far, the Special Rapporteur would certainly recommend that States, as a matter of their own internal practices, voluntarily adopt a similar rule in their domestic criminal procedures.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Overview of working methods and vision 2011, para. 63
- Paragraph text
- Like his predecessor, the Special Rapporteur regards the practice of diplomatic assurances "as an attempt to circumvent the absolute prohibition of torture and non-refoulement".
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Overview of working methods and vision 2011, para. 68
- Paragraph text
- The Special Rapporteur considers the issues of torture and ill-treatment of victims in secret detention as a key concern that falls squarely within his mandate. He intends to follow up on any new and credible allegations concerning the ongoing use of places of secret detention by States or their complicity regarding their existence. Eradicating such practices is central to the prevention of torture and the Special Rapporteur believes that engagement in this issue cannot be seen as an unwarranted expansion of the definition of torture set forth in article 1 of the Convention or of the treaty's establishment of responsibility for its occurrence.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Overview of working methods and vision 2011, para. 72
- Paragraph text
- In view of this, the Special Rapporteur reiterates that the basic good faith measure that States can undertake to show their commitment to addressing torture remains the ratification, without reservation, of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and its Optional Protocol (the "Protocol"). The Convention and its Protocol are important first steps towards eradicating this serious international crime. This notwithstanding, ratification is not a substitute for States to take effective measures as necessary to prevent and suppress torture and ill-treatment.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Overview of working methods and vision 2011, para. 76
- Paragraph text
- The Special Rapporteur reiterates the importance of the "exclusionary rule" in preventing and suppressing torture, and recalls the obligations of States to ensure that any statement established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made. To this end, he recommends strict adherence to this most fundamental of rules. He stresses that the exclusionary rule should not only apply to judicial and administrative proceedings, but also interpreted to include intelligence and decisions by the executive and its agencies.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 27
- Paragraph text
- It has long been the view in doctrine and jurisprudence that article 6 of the Covenant (as well as the exclusion of "pain and suffering arising only, inherent in or incidental to lawful sanctions" from the definition of torture in art. 1, para. 1, of the Convention against Torture) means that the death penalty cannot be considered per se a violation of the prohibition of torture and cruel, inhuman or degrading treatment or punishment. However, as noted by the Special Rapporteur's predecessor in his 2009 report on the death penalty (A/HRC/10/44) in reference to judicial bodies, such interpretation may change over time, as was the case with the prohibition of corporal punishment.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 55
- Paragraph text
- In the 1978 case of Tyrer v. United Kingdom, the European Court of Human Rights referred to the European Convention as a living instrument that needed to be interpreted in the light of present-day conditions. In the Selmouni case (1999), the Court invoked this reasoning and argued that the definition of torture had to evolve with a democratic society's understanding of the term. Similar shifts in international law and, in particular, evolution of the understanding of prohibition of torture as encompassing prohibition of slavery and domestic violence or, more recently, the qualification of rape as falling within the scope of the prohibition of torture and cruel, inhuman or degrading treatment, show that the notion of torture has developed over time, and acts originally considered as lawful become unlawful and prohibited under the right to be free from torture (e.g., see A/HRC/13/39, para. 60).
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph