Podcast
Questions and Answers
Which of the following is considered a fundamental obligation under the prohibition of torture?
Which of the following is considered a fundamental obligation under the prohibition of torture?
What procedural obligation is mandated when serious allegations of torture arise?
What procedural obligation is mandated when serious allegations of torture arise?
Which requirement regarding statements obtained through torture is emphasized in international law?
Which requirement regarding statements obtained through torture is emphasized in international law?
What does the principle of non-refoulement ensure regarding torture?
What does the principle of non-refoulement ensure regarding torture?
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Which UN body is responsible for monitoring compliance with the UN Convention Against Torture?
Which UN body is responsible for monitoring compliance with the UN Convention Against Torture?
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What role does the UN Special Rapporteur on Torture play in relation to torture?
What role does the UN Special Rapporteur on Torture play in relation to torture?
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What does the European Committee for the Prevention of Torture (CPT) do?
What does the European Committee for the Prevention of Torture (CPT) do?
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What is the significance of Article 3 of the European Convention on Human Rights?
What is the significance of Article 3 of the European Convention on Human Rights?
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Study Notes
Prohibition of Torture
- Torture is strictly prohibited under international law, considered a fundamental principle (jus cogens).
- Key treaties enshrining this prohibition include the UN Convention Against Torture (UNCAT), the International Covenant on Civil and Political Rights (ICCPR), and regional treaties like the European Convention on Human Rights (ECHR) and the American Convention on Human Rights.
- UNCAT defines torture as intentional infliction of severe physical or mental pain or suffering, with specific goals (e.g., obtaining information).
Obligations Arising from the Prohibition
- Absolute prohibition: No state can inflict torture.
- Procedural Obligation: States must investigate allegations of torture, establish responsibility, and appropriately punish those involved. UNCAT Article 4 specifies this obligation for signatory states.
- Inadmissibility of Confessed Statements: Statements extracted through torture are not admissible as evidence in court.
- Non-Refoulement: States cannot return individuals to countries where they face a risk of torture. This is absolute and can't be overridden.
- Positive Obligation to Protect: States have a responsibility to protect individuals from torture, even if the risk comes from private actors rather than the state.
Preventive Mechanisms
Universal Level
- UN Committee Against Torture (CAT): Reviews state compliance with UNCAT, handles individual complaints.
- UN Subcommittee on Prevention of Torture (SPT): Conducts visits to detention facilities, assessing conditions and preventing torture. The SPT works under the optional protocol to UNCAT.
- UN Special Rapporteur on Torture: Visits countries, reports allegations, advises states on best practices.
European Level
- European Court of Human Rights (ECtHR): Hears cases violating Article 3 of the ECHR, and delivers legally binding judgments on torture cases, holding states accountable.
- European Committee for the Prevention of Torture (CPT): Conducts inspections of detention facilities in Council of Europe member states, issuing reports and recommendations for improvement.
Operational Tools
Universal Level
- Visits and Inspections: Conducted by the SPT and the Special Rapporteur to detention facilities.
- Reporting Mechanisms: States submit reports to CAT; individuals can file complaints (UNCAT optional protocol).
European Level
- On-Site Visits: The CPT conducts surprise inspections.
- Case Law: ECtHR judgments set precedents for member states.
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Description
This quiz explores the fundamental principles of torture prohibition under international law, highlighting key treaties like the UN Convention Against Torture and related obligations. Understand the definitions, obligations of states, and the consequences of using torture in legal settings.
