United Nations Convention Against Torture

[unhappycamper]

United Nations Convention Against Torture
From Wikipedia, the free encyclopedia

The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is an international human rights instrument, under the review of the United Nations, that aims to prevent torture around the world.

The Convention requires states to take effective measures to prevent torture within their borders, and forbids states to return people to their home country if there is reason to believe they will be tortured.

The text of the Convention was adopted by the United Nations General Assembly on 10 December 1984<1> and, following ratification by the 20th state party,<2> it came into force on 26 June 1987.<1> 26 June is now recognised as the International Day in Support of Torture Victims, in honour of the Convention. As of December 2008, 146 nations are parties to the treaty, and another ten countries have signed but not ratified it.<1>

Main provisions

Definition of torture

Article 1 of the Convention defines torture as:

Any 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 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.

– Convention Against Torture, Article 1.1

Actions which fall short of torture may still constitute cruel, inhuman or degrading treatment under Article 16.

Ban on torture and cruel and degrading treatment

Article 2 of the convention prohibits torture, and requires parties to take effective measures to prevent it in any territory under its jurisdiction. This prohibition is absolute and non-derogable. "No exceptional circumstances whatsoever"<5> may be invoked to justify torture, including war, threat of war, internal political instability, public emergency, terrorist acts, violent crime, or any form of armed conflict.<6> Torture cannot be justified as a means to protect public safety or prevent emergencies.<6> Neither can it be justified by orders from superior officers or public officials.<7> The prohibition on torture applies to all territories under a party's effective jurisdiction, and protects all people under its effective control, regardless of citizenship or how that control is exercised.<6> Since the Conventions entry into force, this absolute prohibition has become accepted as a principle of customary international law.<6>

Because it is often difficult to distinguish between cruel, inhuman or degrading treatment and torture, the Committee regards Article 16's prohibition of such treatment as similarly absolute and non-derogable.<6>

The other articles of part I lay out specific obligations intended to implement this absolute prohibition by preventing, investigating and punishing acts of torture.<6>

Ban on refoulement

Article 3 prohibits parties from returning, extraditing or refouling any person to a state "where there are substantial grounds for believing that he would be in danger of being subjected to torture".<8> The Committee against Torture has held that this danger must be assessed not just for the initial receiving state, but also to states to which the person may be subsequently expelled, returned or extradited.<9>



I'd be willing to bet the reason Obama does not investigate and prosecute is most of the previous White House, CIA, Department of Justice, the military and congresscritters would be called to task. As far as I know the only agency to escape the torture cloud is the FBI.

[SpiralHawk]

1. "This is so un-republicon. Smirk." - xCommander AWOL Bush (R)

"Torture is a big part of our, um, republicon strategery."

- xCommander AWOL Bush (R)

[NYC_SKP]

2. It would be quite a mess, wouldn't it? While investigations and prosecutions...

...the right thing to do, ending these abhorrent practices and condemning our past transgressions before a global audience is quite a departure from past administrations.

I think you're right.

:donut:

[Echo In Light]

3. Rec