The United Nations Convention Against Torture and Its Optional Protocol PDF Download

Author: Manfred Nowak
Publisher: Oxford University Press
ISBN: 0198846177
Category : Law
Languages : en
Pages : 1361

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"Published with the support of Austrian Science Fund (FWF): PUB 644-G."

Author: Manfred Nowak
Publisher: Oxford University Press, USA
ISBN: 9780199280001
Category : Law
Languages : en
Pages : 1649

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Book Description
This volume provides a thorough commentary on the articles of the Convention against Torture, with historical context and analysis of relevant case law from monitoring bodie and international, regional and domestic courts.

Author: Michael John Garcia
Publisher: DIANE Publishing
ISBN: 1437919693
Category : Political Science
Languages : en
Pages : 25

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Book Description
Contents: (1) Definition of ¿Torture¿; Require. Concerning the Criminalization of Torture, the Avail. of Civil Redress for Victims of Torture, and Prohibiting Cruel, Inhuman, or Degrading Treatment (CIDT) or Punishment; Enforcement and Monitoring Measures; (2) Implementation in the U.S.: Criminalization of Torture, and Avail. of Civil Redress for Acts of Torture Occurring Outside the U.S.; Prohibition on CIDT; Army Field Manual Restrictions on CIDT; Restrictions on Interrogation of Detainees by the CIA; Application of CAT and Its Implementing Legislation in Armed Conflicts; (3) British Interrogation Techniques (IT) Employed in Northern Ireland; Israeli IT Employed Against Palestinian Security Detainees.

Author: Fanny De Weck
Publisher: BRILL
ISBN: 9004311491
Category : Law
Languages : en
Pages : 548

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Book Description
This volume offers a comprehensive analysis and comparison of the case law and practice of the European Court of Human Rights and the United Nations Committee against Torture in individual cases concerning the principle of non-refoulement. It covers both procedural and material aspects relevant in expulsion and extradition cases submitted by individuals under Article 3 of the European Convention on Human Rights (ECHR) or Article 3 of the United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). The book is a particularly helpful tool for asylum lawyers, human rights advocates, and other practitioners. It is also a reference work of significant value to scholars interested in non-refoulement under both conventions and in the context of human rights or refugee law in general.

Author: H. Danelius
Publisher: BRILL
ISBN: 9004478302
Category : Law
Languages : en
Pages : 283

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Author: Rachel H. Murray
Publisher:
ISBN: 0199602190
Category : Law
Languages : en
Pages : 262

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Book Description
The Optional Protocol to the UN Convention Against Torture (OPCAT) establishes an independent international monitoring committee (SPT) which itself will visit states and places where persons are deprived of their liberty. It also requires states to set up independent national bodies to visit places of detention. This book, drawing upon events held and interviews with governments, civil society, members of UN treaty bodies, national visiting bodies and others, identifies key factors that have shaped the operation of these visiting bodies since OPCAT came into force in 2006. It looks in detail at the background to the adoption of the Protocol, as well as how the international committee, the SPT, has carried out its mandate in its first few years. It examines the range of places of detention that could be visited by these bodies, and the expectations placed on the national visiting bodies themselves. The book also places the OPCAT within the broader system of torture prevention in the UN and elsewhere and identifies a range of trends arising from the different geographical regions. As well as providing an insight into its work, this detailed examination of OPCAT also provides valuable lessons for other new human rights treaties such as the UN Convention on the Rights of Persons with Disabilities and the Convention on Enforced Disappearances, which have similar provisions concerning national mechanisms.

Author: Michael J. Garcia
Publisher:
ISBN:
Category : Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Languages : en
Pages : 27

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Book Description
The United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT) requires signatory parties to take measures to end torture within their territorial jurisdiction and to criminalize all acts of torture. Unlike many other international agreements and declarations prohibiting torture, CAT provides a general definition of the term. CAT generally defines torture as the infliction of severe physical and/or mental suffering committed under the color of law. CAT allows for no circumstances or emergencies where torture could be permitted. The United States ratified CAT, subject to certain declarations, reservations, and understandings, including that the treaty was not self-executing and required implementing legislation to be enforced by U.S. courts. In order to ensure U.S. compliance with CAT obligations to criminalize all acts of torture, the United States enacted 18 U.S.C. 2340 and 2340A, which prohibit torture occurring outside the United States (torture occurring inside the United States was already generally prohibited under several federal and state statutes criminalizing acts such as assault, battery, and murder). The applicability and scope of these statutes were the subject of widely-reported memorandums by the Department of Defense and Department of Justice in 2002. In late 2004, the Department of Justice released a memorandum superseding its earlier memo and modifying some of its conclusions.

Author: Eman Hamdan
Publisher: BRILL
ISBN: 9004319395
Category : Law
Languages : en
Pages : 414

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Book Description
In this study, Eman Hamdan examines the protection against refoulement under the European Convention on Human Rights and the UN Convention against Torture, with the aim to determine which of those Conventions affords better protection for international protection seekers. Hamdan explores the scope and content of the principle of non-refoulement under both Conventions and the application of the principle to the immigration control measures and the extraordinary rendition operations. The author provides a comprehensive and comparative analysis of the case-law of both the European Court of Human Rights and the UN Committee against Torture on the procedural and substantive aspects of the principle of non-refoulement, in order to help practitioners to determine which of these human rights treaty bodies is more favorable for their specific non-refoulement case. This book was chosen to participate in the Professor Walther Hug Prize 2014-2015, which is a prize for the best legal researches in Switzerland for each academic year.

Author: Michael John Garcia
Publisher:
ISBN:
Category : Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Languages : en
Pages : 17

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Book Description

Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 24

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Book Description
The United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT) requires signatory parties to take measures to end torture within their territorial jurisdiction and to criminalize all acts of torture. Unlike many other international agreements and declarations prohibiting torture, CAT provides a general definition of the term. CAT generally defines torture as the infliction of severe physical and/or mental suffering committed under the color of law. CAT allows for no circumstances or emergencies where torture could be permitted. The United States ratified CAT, subject to certain declarations, reservations, and understandings, including that the Convention was not self-executing and therefore required domestic implementing legislation to be enforced by U.S. courts. In order to ensure U.S. compliance with CAT obligations to criminalize all acts of torture, the United States enacted sections 2340 and 2340A of the United States Criminal Code, which prohibit torture occurring outside the United States. The applicability and scope of these statutes were the subject of widely-reported memorandums by the Department of Defense and Department of Justice in 2002. In late 2004, the Department of Justice released a memorandum superseding its earlier memo and modifying some of its conclusions. Congress recently approved additional guidelines concerning the treatment of detainees. The Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (P.L. 109-148), and the National Defense Authorization Act for FY2006 (P.L. 109-163) contain identical provisions that prohibit the 'cruel, inhuman and degrading treatment or punishment of persons under the detention, custody, or control of the United States Government.'