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Ha Noi, Viet Nam, 6 June 2014

Ha Noi, Viet Nam, 6 June 2014. International Workshop on the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) and its Optional Protocol (OPCAT). Domestic Implementation of CAT. Manfred Nowak

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Ha Noi, Viet Nam, 6 June 2014

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  1. Ha Noi, Viet Nam, 6 June 2014 International Workshop on the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) and its Optional Protocol (OPCAT) • Domestic Implementation of CAT • Manfred Nowak • Professor of International Law and Human Rights, University of Vienna, Austria • Austrian Chair Visiting Professor at Stanford University, California • UN Special Rapporteur on Torture (2004-2010)

  2. Table of Contents • The Role of Domestic Courts • The Role of Civil Society and the Media • 

  3. The Role of Domestic Courts • Right of detainees to habeas corpus: Article 9(4) CCPR: “Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.” • Ordering and/or conducting prompt and impartial investigations of allegations of torture • Independent criminal trials against perpetrators of torture (police, military, intelligence etc.) • Independent civil proceedings aimed at providing victims of torture with adequate reparation for the harm suffered

  4. 2. The Role of Civil Society and the Media • Investigating and reporting about torture and CIDT • Visiting places of detention (e.g. as members of an NPM) • Cooperation with international monitoring bodies

  5. Thank you for your attention! • Questions & Answers

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