The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is an international human rights treaty under the review of the United Nations that aims to prevent torture and other acts of cruel, inhuman, or degrading treatment or punishment around the world.
Cruel and unusual punishment is a phrase in common law describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to the sanction. The precise definition varies by jurisdiction, but typically includes punishments that are arbitrary, unnecessary, or overly severe compared to the crime.
The Alien Tort Statute, also called the Alien Tort Claims Act (ATCA), is a section in the United States Code that gives federal courts jurisdiction over lawsuits filed by foreign nationals for torts committed in violation of international law. It was first introduced by the Judiciary Act of 1789 and is one of the oldest federal laws still in effect in the U.S.
Torture, the infliction of severe physical or psychological pain upon an individual to extract information or a confession, or as an illicit extrajudicial punishment, is prohibited by international law and is illegal in most countries. However, it is still used by many governments. The subject of this article is the use of torture since the adoption of the 1948 Universal Declaration of Human Rights (UDHR), which prohibited it.
The Manual on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, commonly known as the Istanbul Protocol, is the first set of international guidelines for documentation of torture and its consequences. It became an official United Nations document in 1999; the most recent revision was in June 2022.
The five techniques, also known as deep interrogation, are a group of interrogation methods developed by the United Kingdom during the 20th century and are currently regarded as a form of torture. Originally developed by British forces in a variety of 20th-century conflicts, they are most notable for being applied to detainees in Northern Ireland during the Troubles. The five collective methods are prolonged wall-standing, hooding, subjection to noise, deprivation of sleep, and deprivation of food and drink.
The situation for human rights in Syria is considered one of the worst in the world and has been globally condemned by international organizations like the United Nations, Human rights Watch, Amnesty International, and the European Union. Civil liberties, political rights, freedom of speech and assembly are virtually non-existent under the Ba'athist government of Bashar al-Assad; which is regarded as "one of the world's most repressive regimes". The 50th edition of Freedom in the World, the annual report published by Freedom House since 1973, designates Syria as "Worst of the Worst" among the "Not Free" countries. The report lists Syria as one of the two countries to get the lowest possible score (1/100).
Security of the person is a basic entitlement guaranteed by the Universal Declaration of Human Rights, adopted by the United Nations in 1948. It is also a human right explicitly defined and guaranteed by the European Convention on Human Rights, the Constitution of Canada, the Constitution of South Africa and other laws around the world.
In Italian law, Article 41-bis of the Prison Administration Act, also known as carcere duro, is a provision that allows the Minister of Justice or the Minister of the Interior to suspend certain prison regulations and impose practically a complete isolation upon a prisoner.
Article 3 of the European Convention on Human Rights prohibits torture, and "inhuman or degrading treatment or punishment".
Article 3 – Prohibition of torture
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
The widespread and systematic use of torture in Turkey goes back to the Ottoman Empire. After the foundation of the Republic of Turkey, torture of civilians by the Turkish Armed Forces was widespread during the Dersim rebellion. The Sansaryan Han police headquarters and Harbiye Military Prison in Istanbul became known for torture in the 1940s. Amnesty International (AI) first documented Turkish torture after the 1971 Turkish coup d'état and has continued to issue critical reports, particularly after the outbreak of the Kurdish-Turkish conflict in the 1980s. The Committee for the Prevention of Torture has issued critical reports on the extent of torture in Turkey since the 1990s. The Stockholm Center for Freedom published a report entitled Mass Torture and Ill-Treatment in Turkey in June 2017. The Human Rights Foundation of Turkey estimates there are around one million victims of torture in Turkey.
Nils Melzer is a Swiss academic, author, and practitioner in the field of international law. From 2016 until 2022, Melzer was the United Nations Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. He is a professor of international law at the University of Glasgow. From 2011-2013, he was Swiss Chair of International Humanitarian Law at the Geneva Academy of International Humanitarian Law and Human Rights. Melzer has criticised the governments of the U.S., the U.K., Ecuador and Sweden over their treatment of Julian Assange.
The Detainee Treatment Act of 2005 (DTA) is an Act of the United States Congress that was signed into law by President George W. Bush on December 30, 2005. Offered as an amendment to a supplemental defense spending bill, it contains provisions relating to treatment of persons in custody of the Department of Defense, and administration of detainees held in Guantanamo Bay, Cuba, including:
Papua New Guinea (PNG) has a population of 6.8 million, nearly half of which is under 18 years of age. Public trust in the justice system has been eroded, and the country’s significant crime problem exacerbated, by brutal responses from police against those they suspect of having committed offences, and the routine violence, abuse and rape carried out by police against persons, including children, within their custody. Many incidents are cases of opportunistic abuses of power by police instead of their following official processes. While a raft of measures have been assembled in order to improve conditions and processes for youths within the justice system, their success has been hampered by a severe lack of implementation, insufficient resources, and failure to impose appropriate penalties on authorities for failure to adhere to their provisions.
The Republic of Uruguay is located in South America, between Argentina, Brazil and the South Atlantic Ocean, with a population of 3,332,972. Uruguay gained independence and sovereignty from Spain in 1828 and has full control over its internal and external affairs. From 1973 to 1985 Uruguay was governed by a civil-military dictatorship which committed numerous human rights abuses.
The right to an effective remedy is the right of a person whose human rights have been violated to legal remedy. Such a remedy must be accessible, binding, capable of bringing perpetrators to justice, provide appropriate reparations, and prevent further violations of the person's rights. The right to an effective remedy guarantees the individual the ability to seek remedy from the state directly rather than through an international process. It is a practical means of protecting human rights on the state level and requires the state to not just only protect human rights de jure but also in practice for individual cases. The right to an effective remedy is commonly recognized as a human right in international human rights instruments.
The Application of the Convention on the Prevention and Punishment of the Crime of Genocide , commonly referred to as the Rohingya genocide case, is a case which is currently being heard by the International Court of Justice (ICJ). The case was brought forward by the Republic of The Gambia, on behalf of 57 members of the Organisation of Islamic Cooperation in 2019.
In September 1967, Denmark, Norway, Sweden and the Netherlands brought the Greek case to the European Commission of Human Rights, alleging violations of the European Convention of Human Rights (ECHR) by the Greek junta, which had taken power earlier that year. In 1969, the Commission found serious violations, including torture; the junta reacted by withdrawing from the Council of Europe. The case received significant press coverage and was "one of the most famous cases in the Convention's history", according to legal scholar Ed Bates.
Cruel, inhuman or degrading treatment (CIDT) is treatment of persons which is contrary to human rights or dignity, but is not classified as torture. It is forbidden by the Universal Declaration of Human Rights, Article 3 of the European Convention on Human Rights, the United Nations Convention against Torture and the International Covenant on Civil and Political Rights. Although the distinction between torture and CIDT is maintained from a legal point of view, medical and psychological studies have found that it does not exist from the psychological point of view, and people subjected to CIDT will experience the same consequences as survivors of torture. Based on this research, some practitioners have recommended abolishing the distinction.
The prohibition of torture is a peremptory norm in public international law—meaning that it is forbidden under all circumstances—as well as being forbidden by international treaties such as the United Nations Convention Against Torture.
