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Questions and Answers
Which of the following best describes the purpose for which torture may be inflicted according to the definition provided?
What is one of the essential elements that differentiate torture from other forms of ill-treatment?
Which article of the UNCAT specifically addresses the prohibition on deportation or extradition to torture?
What critical aspect must be present to categorize an act as torture rather than ill-treatment?
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What type of liability for torture is mentioned in the articles of the UNCAT?
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What is explicitly prohibited under the Convention against Torture regarding justifications for acts of torture?
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In the context of the obligations of states under the Torture Convention, which action is NOT required by state parties?
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Which of the following best describes the liability of a state for acts of torture committed by its agents?
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Which article of the Torture Convention stipulates that statements obtained from torture cannot be used as evidence?
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What type of measures are states required to implement according to the international obligations under the Convention against Torture?
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Study Notes
Definition of Torture
- The infliction of severe mental or physical pain or suffering
- By or with the consent or acquiescence of the state authorities
- For a specific purpose, such as gaining information, punishment or intimidation
Tihar Jail Case
- Nine prisoners died in Tihar Jail in June 2007, with three confirmed deaths due to ill-treatment that may constitute torture.
- An undertrial prisoner, Naqibullah Ali, died in Tihar Jail in 2007, with a post-mortem revealing injuries on his neck, lips, legs, and back of head.
- The Delhi High Court ordered a probe into the death and criticized jail officials for using "methodical torture" and physical and psychological abuse.
UN Convention Against Torture (UNCAT)
- Consists of three parts with 33 articles.
- Article 1 defines 'torture.'
- Article 3 prohibits deportation or extradition to torture and other cruel, inhuman, or degrading treatment.
- Article 4 deals with criminal liability for torture, including the liability of superior officers and punishment for torture.
- Article 10 focuses on education and information for the prevention of torture.
- Article 12 outlines procedures for investigation, inquiry, and trial.
- Article 13 safeguards victims and witnesses of torture.
- Article 14 addresses compensation and rehabilitation for victims of torture.
- Article 15 criminalizes the use of information obtained through torture.
Obligations of States Under the Convention
- States are obliged to prevent torture and ensure effective remedies for victims.
- States must criminalize torture and establish laws to promote human rights among public servants.
- 'Higher orders' or 'exceptional circumstances' are not valid justifications for torture.
- Alleged torturers can be tried in any State party or extradited to the State where the crime occurred.
- The Committee against Torture can investigate reports of torture and conduct visits to States with their consent.
Right to be Protected from Torture
- States are liable for torture committed by their agents (police, soldiers, prison guards).
- States may also be responsible for torture by private individuals if they do not take adequate measures to prevent it.
- Torture is never justified, including during war, internal instability, or public emergencies.
- Orders from superior authorities do not justify torture.
- All governments are responsible for prosecuting torture under the international criminal prosecution system.
Manadel al-Jamadi Case
- Jamadi was captured in Baghdad in 2003 and tortured during interrogation, later dying in custody.
- Witnesses stated that Jamadi was found dead after interrogation by CIA officials in a shower room.
- A CIA official and a private contractor tortured and hanged Jamadi, with the contractor granted immunity in exchange for cooperation.
Right to Non-refoulement
- No State can expel, return, or extradite a person to another State where they face a substantial risk of torture.
- This right applies unconditionally, regardless of the situation.
- This provision is stronger than the 1951 Convention Relating to the Status of Refugees.
Chahal vs. United Kingdom Case
- Chahal, a Sikh separatist, was facing deportation to India where he was believed to be at risk of torture.
- The European Court of Human Rights ruled that Article 3 of the European Convention prevents deportation if there is a risk of torture or inhuman treatment in the receiving country.
- The court decided the case based on the apprehension of torture Chahal might face in India.
Right of Victims for Reparation
- Victims of torture are entitled to five types of reparation:
- Financial compensation
- Medical care and rehabilitation
- Restitution (restoring the victim to their previous situation)
- Guarantees of non-repetition
- Satisfaction such as restoration of dignity and reputation, and public acknowledgement of the harm suffered.
Punjab Mass Cremations Case
- Thousands of Sikhs were killed by Punjab Security Forces between 1984 and 1995, with widespread human rights abuses.
- Municipal records show that police secretly cremated thousands of bodies in Amritsar.
- Habeas corpus petitions were filed in the Supreme Court, leading to a CBI probe that ultimately failed.
- The matter was referred to the National Human Rights Commission, highlighting mass human rights violations.
Prevention of Torture Bill, 2010
- Introduced in the Lok Sabha in 2010, seeking punishment for torture inflicted by public servants.
- The Bill establishes liability for public servants who torture for information, confession, or on grounds of religion, caste, race, or language.
- A court can take cognizance of an offence if a complaint is made within six months.
- Sanction is required from the central or state government or the authority competent to remove the accused for a court to proceed with a case against a public servant.
National Human Rights Commission (NHRC)
- The NHRC issued guidelines in 1993 for reporting custodial deaths or rapes within 24 hours, along with guidelines on arrest and fake encounters.
- Between 1994-2008, a total of 16,836 custodial deaths occurred, including 2,207 in police custody and 14,629 in judicial custody.
- The NHRC addresses individual complaints about torture and conducts training programs for paramilitary forces and army personnel.
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Description
This quiz explores the definition of torture, significant cases like the Tihar Jail incident, and international standards set by the UN Convention Against Torture. Test your knowledge on the implications of torture and the legal frameworks aiming to prevent it.
