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THE ABSOLUTE PROHIBITION OF TORTURE

THE ABSOLUTE PROHIBITION OF TORTURE. RIGHTS AND REALITIES. 1.The Aftermath of World War II / The Setting. - United Nations Charter (1945) - The Universal Declaration of Human Rights (1948); core rights - The Genocide Convention (1948) - The Red Cross Geneva Conventions (1949);

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THE ABSOLUTE PROHIBITION OF TORTURE

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  1. THE ABSOLUTE PROHIBITION OF TORTURE RIGHTS AND REALITIES

  2. 1.The Aftermath of World War II / The Setting - United Nations Charter (1945) - The Universal Declaration of Human Rights (1948); core rights - The Genocide Convention (1948) - The Red Cross Geneva Conventions (1949); minimum humanitarian standards - The European Convention on Human Rights (1950)

  3. 2. What is Torture? - The United Nations Convention Against Torture (1984) ● Definition of Torture ● Other Cruel, Inhuman or Degrading Treatment or Punishment ● Absolute Prohibition ● Non-refoulement; diplomatic assurances? ● Duty to Investigate ● Redress and Reparation for victims/survivors - The issue of amnesties, pardons - Necessity of avoiding greater harm, legal and moral considerations

  4. 3. What allows torture to happen? • No definition in domestic law • Patterns of impunity; the status of public officials • Lack of effective complaint mechanisms • Lack of prevention; national and international prevention mechanisms; systems of visits

  5. 4. Justification in exceptional circumstances; war on terror - Ticking Bomb Scenario (TBS); “The lesser evil” - Higher values? State Security; Struggle for liberation and Self-determination - Policies and Practices * Secret Detentions / Incommunicado and Indefinite Detentions * Extraordinary Renditions * Extracting Information * Aggressive Interrogation Techniques * Limiting the Definition of Torture • Patterns of Immunity and Impunity • Erosion of fundamental norms

  6. 5. Some Notable Developments; in particular gender-specific - Gender-specific forms of torture * rape and other forms of sexual assault against women in detention * rape and sexual abuse of women in armed conflicts * flogging and death by stoning for adultery as punishments in certain “legal” systems * domestic violence; “due diligence” * female circumcision - Extraterritorial reach of the obligations of States to prevent and prohibit torture * persons in custody outside the territory of the State

  7. 6. Experiences as UN Special Rapporteur on Torture - The Special Rapporteur and other anti-torture mechanisms; appointments and elections - Tasks and working methods * bringing issues of general concern and recommendations thereon to the attention of UN policy organs * receiving allegations on violations and asking governments for explanations * sending urgent appeals to governments; cooperation with other mandate holders; examples of urgent appeals * country visits; consent of governments concerned; ground rules of investigation; setting the agenda of the visit; sources of information - Visits to Uzbekistan and Spain; cancelled visit to China

  8. 7. Items for further discussion (if time permits) • Can torture be justified under certain circumstances? • What are means and methods to prevent torture? • Who are the people most likely to be the targets of torture? • How (in)effective are efforts to combat torture?

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