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Author: Richard Carver Publisher: Oxford University Press ISBN: 1781383308 Category : Law Languages : en Pages : 688
Book Description
In the past three decades, international and regional human rights bodies have developed an ever-lengthening list of measures that states are required to adopt in order to prevent torture. But do any of these mechanisms actually work? This study is the first systematic analysis of the effectiveness of torture prevention. Primary research was conducted in 16 countries, looking at their experience of torture and prevention mechanisms over a 30-year period. Data was analysed using a combination of quantitative and qualitative techniques. Prevention measures do work, although some are much more effective than others. Most important of all are the safeguards that should be applied in the first hours and days after a person is taken into custody. Notification of family and access to an independent lawyer and doctor have a significant impact in reducing torture. The investigation and prosecution of torturers and the creation of independent monitoring bodies are also important in reducing torture. An important caveat to the conclusion that prevention works is that is actual practice in police stations and detention centres that matters - not treaties ratified or laws on the statute book.
Author: Richard Carver Publisher: Oxford University Press ISBN: 1781383308 Category : Law Languages : en Pages : 688
Book Description
In the past three decades, international and regional human rights bodies have developed an ever-lengthening list of measures that states are required to adopt in order to prevent torture. But do any of these mechanisms actually work? This study is the first systematic analysis of the effectiveness of torture prevention. Primary research was conducted in 16 countries, looking at their experience of torture and prevention mechanisms over a 30-year period. Data was analysed using a combination of quantitative and qualitative techniques. Prevention measures do work, although some are much more effective than others. Most important of all are the safeguards that should be applied in the first hours and days after a person is taken into custody. Notification of family and access to an independent lawyer and doctor have a significant impact in reducing torture. The investigation and prosecution of torturers and the creation of independent monitoring bodies are also important in reducing torture. An important caveat to the conclusion that prevention works is that is actual practice in police stations and detention centres that matters - not treaties ratified or laws on the statute book.
Author: Danielle Celermajer Publisher: Cambridge University Press ISBN: 1108470459 Category : Law Languages : en Pages : 375
Book Description
Moving past theoretical critiques of human rights, this book considers how we might translate situational analyses of torture into effective strategies for preventing it.
Author: Malcolm D. Evans Publisher: Edward Elgar Publishing ISBN: 1788113969 Category : Law Languages : en Pages : 608
Book Description
This Research Handbook is of great importance in an era where torture, whilst universally condemned, remains endemic. It explores the nature of the international prohibition of torture and the various means and mechanisms which have been put in place by the international community in an attempt to make that prohibition a reality.
Author: Association pour la prévention de la torture (Genève) Publisher: ISBN: 9782940337279 Category : Torture (International law) Languages : en Pages : 198
Author: Jason Payne-James Publisher: CRC Press ISBN: 1351812726 Category : Law Languages : en Pages : 419
Book Description
This landmark practical guide assists all those involved in monitoring detention conditions and investigating and preventing torture. The prestigious global author team identify the medical, legal and professional frameworks and international instruments applicable to those detained, and highlight how torture or other cruel and inhuman degrading treatments or punishments are identified, investigated and should be prevented. · A comprehensive and wide range of detention settings and circumstances are covered including police stations, prisons, mental health, and social care civil conditions to prisoner of war, detention camps, military, and armed conflict. · Advice, monitoring, and assessment is given for special groups, including the custody of women, children, vulnerable adults, and individuals on hunger strike · Practical guidelines are given for the assessment of ill-treatment of individuals in custody including sexual abuse · Online links to the latest legal, ethical, and medical guidelines for key countries help to make this book appropriate for all. Challenging, thought-provoking yet thoroughly practical, this book is essential reading for anyone involved in the monitoring of detention conditions and the treatment and investigation of individuals in any form of custody. The content is aimed primarily at healthcare professionals but it also highly relevant for anyone who may form part of a visiting team, including lay individuals, lawyers and law enforcement professionals, as well as for academics.
Author: Steven J. Barela Publisher: ISBN: 0190097523 Category : Law Languages : en Pages : 625
Book Description
This book develops, for the first time, a comprehensive discussion regarding the legality of torture and the efficacy of interrogation. Scientific research has concluded that torture is not effective. So, what interrogational methods are effective and how does one deploy those methods in such a way that is consistent with law and morality?
Author: Monica Luci Publisher: Taylor & Francis ISBN: 1317439244 Category : Political Science Languages : en Pages : 279
Book Description
Torture, Psychoanalysis and Human Rights contributes to the development of that field of study called ‘psycho-social’ that is presently more and more committed to providing understanding of social phenomena, making use of the explicative perspective of psychoanalysis. The book seeks to develop a concise and integrated framework of understanding of torture as a socio-political phenomenon based on psychoanalytic thinking, through which different dimensions of the subject of study become more comprehensible. Monica Luci argues that torture performs a covert emotional function in society. In order to identify what this function might be, a profile of ‘torturous societies’ and the main psychological dynamics of social actors involved – torturers, victims, and bystanders – are drawn from literature. Accordingly, a wide-ranging description of the phenomenology of torture is provided, detecting an inclusive and recurring pattern of key elements. Relying on psychoanalytic concepts derived from different theoretical traditions, including British object relations theories, American relational psychoanalysis and analytical psychology, the study provides an advanced line of conceptual research, shaping a model, whose aim is tograsp the deep meaning of key intrapsychic, interpersonal and group dynamics involved in torture. Once a sufficiently coherent understanding has been reached, Luci proposes using it as a groundwork tool in the human rights field to re-think the best strategies of prevention and recovery from post-torture psychological and social suffering. The book initiates a dialogue between psychoanalysis and human rights, showing that the proposed psychoanalytic understanding is a viable conceptualisation for expanding thinking of crucial issues regarding torture, which might be relevant to human rights and legal doctrine, such as the responsibility of perpetrators, the reparation of victims and the question of ‘truth’. Torture, Psychoanalysis and Human Rights is the first book to build a psychoanalytic theory of torture from which psychological, social and legal reflections, as well as practical aspects of treatment, can be mutually derived and understood. It will appeal to psychoanalysts, psychoanalytic psychotherapists and Jungians, as well as scholars of politics, social work and justice, and human rights and postgraduate students studying across these fields.
Author: Lutz Oette Publisher: Oxford University Press ISBN: 0198885768 Category : Law Languages : en Pages : 369
Book Description
The prohibition of torture and other cruel, inhuman, degrading treatment or punishment has a special status. It is the foremost international human rights norm protecting persons from attacks on their dignity and integrity. Consequently, it has been at the forefront of a series of developments in international human rights law and international law more broadly. Having withstood sustained challenges to its absolute nature in the 'war on terror', it has broadened its scope of application, becoming more sophisticated and complex in the process. The prohibition of torture increasingly interacts with other fields of human rights law, such as non-discrimination law, international criminal law, international humanitarian law, and international migration law. The Transformation of the Prohibition of Torture in International Law analyses the nature and significance of this transformation and looks into the scope of the prohibition's further evolution. Empirical scholarship, innovative human rights body practice, and challenges from activists, particularly from the Global South, have focused on the relational nature of torture and other ill-treatment, its embeddedness in wider structures of power, and the role of international law in legitimizing-if not facilitating-widespread suffering, from mass incarceration to poverty and climate change. This analysis reveals an inherent tension in the prohibition between a conventional, narrow focus on direct State violence and a wide lens encompassing myriad forms of suffering. To retain its validity and effectiveness in the twenty-first century, argues Lutz Oette, the prohibition on torture must navigate this tension and successfully address and transform abusive power asymmetries.
Author: Richard Carver
Author: Richard Carver
Author: Danielle Celermajer
Author: Manfred Nowak
Author: Malcolm D. Evans
Author: Association pour la prévention de la torture (Genève)
Author: Jason Payne-James
Author: Steven J. Barela
Author: Monica Luci
Author: Metin Basoglu
Author: Lutz Oette