Any person who alleges that he has been subjected to torture or other cruel, inhuman or degrading treatment or punishment by or at the instigation of a public official shall have the right to complain to, and to have his case impartially examined by, the competent authorities of the State concerned. Article 9
Full Answer
What constitutes cruel inhumane and degrading treatment?
Dec 30, 2005 · In this section, the term “cruel, inhuman, or degrading treatment or punishment” means the cruel, unusual, and inhumane treatment or punishment prohibited by the Fifth, Eighth, and Fourteenth Amendments to the Constitution of the United States, as defined in the United States Reservations, Declarations and Understandings to the United Nations Convention …
Is there any geographical limitation on the prohibition against cruel and inhuman?
Having regard to article 5 of the Universal Declaration of Human Rights and article 7 of the International Covenant on Civil and Political Rights, both of which provide that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment,
When was the Convention Against Torture and other cruel and inhuman treatment?
of police force outside detention, by applying the proportionality test, has been found to constitute CIDT. If such use of force is disproportionate in relation to the purpose to be achieved and results in severe pain or suffering, it amounts to cruel or inhuman treatment or punishment. If such force is used in a particularly
What does the Human Rights Act say about torture?
bition against torture and cruel, inhuman, or degrading treatment. The Article concludes with a summary of the relevance of inter-national jurisprudence in assessing whether detainees held by the United States in Guantdnamo, Afghanistan, or Iraq have been subjected to torture or cruel, inhuman, or degrading treatment.
What is considered inhuman treatment?
Inhuman treatment or punishment is treatment which causes intense physical or mental suffering. It includes: serious physical assault. psychological interrogation.Jun 3, 2021
What is inhuman act?
Murdering another person is an inhuman act; slavery is an inhuman institution. Inhuman acts can also be described as inhumane, meaning “heartless and cruel.” Definitions of inhuman. adjective. without compunction or human feeling.
What is cruel, inhuman or degrading treatment or punishment?
Examples of cruel, inhuman or degrading treatment include acts carried out by police officers using excessive force, such as using restraints where they are not required, using a weapon to punish an offender for not cooperating or unduly prolonged detention that causes mental harm.
What does Article 5 of the Universal Declaration of Human Rights mean?
It focuses on protecting individuals' freedom from unreasonable detention, as opposed to protecting personal safety. You have a right to your personal freedom. This means you must not be imprisoned or detained without good reason.Jun 3, 2021
What is an example of inhuman?
Inhuman Sentence Examples His scream was inhuman even to his ears. She inched away at the inhuman tone. She tried to turn away, but the smell filled her senses with inhuman hunger and desperation. She had two days to steal a necklace from an inhuman creature capable of tracking her down after she did.
What makes a man inhuman?
Man's Inhumanity to Man Meaning Definition: Humanity's ability to do horrible things to fellow humans.
What is the punishment for torturing someone?
—Whoever outside the United States commits or attempts to commit torture shall be fined under this title or imprisoned not more than 20 years, or both, and if death results to any person from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life.
What is Article 6 of the Universal Declaration of Human Rights?
Article 6 of the UDHR states that “Everyone has the right to recognition everywhere as a person before the law”, regardless of whether they are citizens or immigrants, students or tourists, workers or refugees, or any other group.Mar 21, 2022
What was Article 5?
Article V says that “on the Application of two thirds of the Legislatures of the several States, [Congress] shall call a Convention for proposing amendments.” The convention can propose amendments, whether Congress approves of them or not. Those proposed amendments would then be sent to the states for ratification.
Who played an important role in international human rights law?
United Nations system 2006, the United Nations Commission on Human Rights was replaced with the United Nations Human Rights Council for the enforcement of international human rights law. The changes prophesied a more structured organization along with a requirement to review human rights cases every four years.
What is cruel inhuman treatment?
acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in article l , when such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or other person . -. 7 .
What is the justification for torture?
3. An order from a superior officer or a public authority may .not be invoked as a justification of torture.
What is a third person?
third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of . a public official or other person acting in an official capacity.
What is the right to not be exposed to torture?
“Everyone has the right to have his physical, mental, and moral integrity respected and not to be exposed to torture, inhuman or degrading treatment” – this is one of the main provisions of the international conventions, covenants or other treaties regarding human rights. Prohibition of torture is one of the fundamental rights, which cannot be derogated in any cases and should always be respected. But the definition and distinction of torture and inhumane or degrading treatment is one of the most crucial issues in the sphere of human rights law which causes major debates and discussions. Although regional and universal legal documents prohibit torture, or cruel, inhuman and degrading treatment and punishment, none of them has defined the borders between these terms: torture and inhumane or degrading treatment. In this article, I will try to generalize some ideas in regard to this issue.
What is defective merchandise?
The article is about defective merchandise, concept of guarantee debt against defect in the sales contract, which is one of the most important contracts of civil law. The cases of defective merchandise in the sales contract are often encountered in daily life and create some problems for both the buyer and the seller. The introductory part of the article is about the legal nature of a contract of sale, then the meaning of defect in international and national legislation, and in which cases it's called defective merchandise, are forming the informative part of the article. As shown in the article, an object, which is guaranteed with debt against a defect in cases when it breaches a contract, defines the responsibility of a seller and is important in a buyer's term of interest. In the prevention of a defective merchandise and the solution of arising problems, the obligations of a buyer and a seller's debts, which are mentioned in the article, are crucial. At the same time, the concept of “aliud”, which is new for the national legislation, is mentioned in the article.
What is cruel inhuman treatment?
Cruel, inhuman or degrading treatment or punishment is a broader concept than torture. It often refers to treatment that is less severe than torture or that does not meet the definition of torture. It still involves abuse or humiliation. It does not necessarily have to be intentionally inflicted or physical pain.
What are the requirements for Section 17?
Section 17 could be relevant to laws, policies, acts or decisions that: 1 cause a person serious physical or mental pain or suffering, or humiliate them; 2 create new powers, or change or increase existing powers of police, inspectors or authorised officers; 3 affect the operation of detention facilities and conditions attached to all forms of state care and detention (including access to goods and services, such as medical treatment, while in detention); 4 create new types of penalties (including mandatory minimum sentences, and limits to or denial of a service); 5 authorise changes to rules of evidence or procedure that would allow for evidence obtained as a result of torture, inhuman or degrading treatment, to be used in courts or tribunals; 6 introduce or permit corporal punishment by a public entity; 7 involve procedures relating to conducting searches; 8 regulate the treatment of people at any site for which a public entity is responsible, including: a public hospital, an approved mental health service, a prison, a government school, a disability or aged care service, or a supported residential service; 9 allow for prolonged periods of segregation or other particularly harsh prison regimes; 10 involve crisis intervention strategies or behavioural management plans that include the use of seclusion, chemical restraint or physical restraint; 11 define and regulate procedures for obtaining consent to medical treatment and experiments; 12 regulate medical treatment of people without their consent; or 13 regulate the conduct of medical or scientific research.
What is the Barwon case?
Ensuring children in detention are kept safely and humanely. This case related to the detention of children at the Barwon Prison. It was found that the treatment children were being subjected to collectively amounted to cruel, inhuman and degrading treatment.
What does "not be tortured" mean?
A person must not be –. subjected to torture; or. treated or punished in a cruel, inhuman or degrading way; or. subjected to medical or scientific experimentation or treatment without the person’s full, free and informed consent. The Human Rights Act states that a person must not be tortured or treated in a way that is cruel, inhuman or degrading.
Why was Kracke not engaged in torture?
It also held that, in this case, the right to be free from torture and ill-treatment was not engaged because the treatment was not severe enough.
What is the purpose of the term "authorise changes to rules of evidence or procedure"?
authorise changes to rules of evidence or procedure that would allow for evidence obtained as a result of torture, inhuman or degrading treatment, to be used in courts or tribunals; introduce or permit corporal punishment by a public entity; involve procedures relating to conducting searches;
What is behavioural management plan?
involve crisis intervention strategies or behavioural management plans that include the use of seclusion, chemical restraint or physical restraint; define and regulate procedures for obtaining consent to medical treatment and experiments; regulate medical treatment of people without their consent; or.
What is considered inhuman punishment?
In order for a punishment or treatment associated with it to be ‘inhuman’ or ‘degrading’, the suffering or humiliation involved must in any event go beyond that inevitable element of suffering or humiliation connected with a given form of legitimate treatment or punishment.
What is CIDTP in CAT?
Acts which meet a certain threshold of severity but which fall short of the definition of “torture” as defined in CAT (or as understood under ICCPR) may be considered CIDTP. CIDTP is prohibited under Article 7 ICCPR; and under Article 16 of CAT, States must take action to prevent it.
Is severe suffering justified in torture?
Even “severe suffering” might be justifiable in some circumstances (e.g. law enforcement) but it could never be justified in torture because torture contains the additional purposive element (e.g. extracting a confession). So, inherent in the concept of CIDTP, but not torture, is the question of proportionality of the exercise of use of force. Since law enforcement may legitimately require the use of force, only if such use of force is disproportionate in relation to the purpose to be achieved and results in pain or suffering meeting a certain threshold, will it amount to CIDTP.
Is it unnecessary to draw distinctions between the forms of treatment?
The Human Rights Committee has said that it considers it unnecessary to draw sharp distinctions between the forms of treatment, and that the distinctions between torture and CIDTP depend on the nature, purpose and the severity of treatment.13
Does the ICCPR define torture?
The ICCPR does not provide a legal definition of torture or CIDTP. In fact, the Human Rights Committee considered that the ICCPR does not contain any definition of the concepts covered by article 7 nor does the Committee consider it necessary to draw up a list of prohibited acts12.
Is a person bound to be removed from a country where he/she might face a real
States having ratified either the ICCPR or the CAT are bound to not remove a person to a country where he/she might face a real risk of being subject to torture or cruel, inhuman or degrading treatment or punishment. This has been reaffirmed by the Human Rights Committee7.
Is Hong Kong a signatory to the CAT?
Hong Kong is a signatory to the Convention Against Torture (“CAT”)1 and the 1966 International Covenant on Civil and Political Rights (“ICCPR”)2. CAT sets out a prohibition against torture, and ICCPR prohibits torture or cruel, inhuman and degrading treatment or punishment (“CIDTP”).
Article 1
Article 2
Article 3
Article 4
- Each State shall, in accordance with the provisions of this Declaration, take effective measures to prevent torture and other cruel, inhuman or degrading treatment or punishment from being practised within its jurisdiction.
Article 5
- The training of law enforcement personnel and of other public officials who may be responsible for persons deprived of their liberty shall ensure that full account is taken of the prohibition against torture and other cruel, inhuman or degrading treatment or punishment. This prohibition shall also, where appropriate, be included in such general rules or instructions as are issued in re…
Article 6
- Each State shall keep under systematic review interrogation methods and practices as well as arrangements for the custody and treatment of persons deprived of their liberty in its territory, with a view to preventing any cases of torture or other cruel, inhuman or degrading treatment or punishment.
Article 7
- Each State shall ensure that all acts of torture as defined in article 1 are offences under its criminal law. The same shall apply in regard to acts which constitute participation in, complicity in, incitement to or an attempt to commit torture.
Article 8
- Any person who alleges that he has been subjected to torture or other cruel, inhuman or degrading treatment or punishment by or at the instigation of a public official shall have the right to complain to, and to have his case impartially examined by, the competent authorities of the State concerned.
Article 9
- Wherever there is reasonable ground to believe that an act of torture as defined in article 1 has been committed, the competent authorities of the State concerned shall promptly proceed to an impartial investigation even if there has been no formal complaint.
Article 10
- If an investigation under article 8 or article 9 establishes that an act of torture as defined in article 1 appears to have been committed, criminal proceedings shall be instituted against the alleged offender or offenders in accordance with national law. If an allegation of other forms of cruel, inhuman or degrading treatment or punishment is considered to be well founded, the alleged off…
Scope of The Right
- Like all rights in the Act, the right to protection from torture and cruel, inhuman or degrading can be limited where it is reasonable and demonstrably justified in a free and democratic society based on human dignity, equality and freedom. However, the right to protection against torture cannot be limited under international law. Torture is also prohibited under Queensland law. It is t…
Torture
- Torture is an act that intentionally inflicts severe physical or mental pain or suffering. In Victoria, where the same right is protected in the Victorian Charter of Rights and Responsibilities Act 2006, it has been clarified that this right may also give rise to positive obligations, including, for example, obligating public authorities to take steps to prevent deliberate acts of torture. Back to …
Cruel, Inhuman Or Degrading Treatment Or Punishment
- Cruel, inhuman or degrading treatment or punishment is a broader concept than torture. It often refers to treatment that is less severe than torture or that does not meet the definition of torture. It still involves abuse or humiliation. It does not necessarily have to be intentionally inflicted or physical pain, although most cases will involve so...
Medical Or Scientific Experimentation Or Treatment
- This right protected in the Human Rights Act expands on Article 7 of the International Covenant on Civil and Political Rights by providing that informed consent must be given for medical treatment. Back to top
When This Right Could Be Relevant
- Section 17 could be relevant to laws, policies, acts or decisions that: 1. cause a person serious physical or mental pain or suffering, or humiliate them; 2. create new powers, or change or increase existing powers of police, inspectors or authorised officers; 3. affect the operation of detention facilities and conditions attached to all forms of state care and detention (including ac…
Examples
- There are no case examples from Queensland yet which involve this right. There are some from other jurisdictions below.