The United Nations Convention Against Torture: A Handbook on the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 9024736099, 9789024736096
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131 16 61MB
English Pages [283] Year 1988
Table of contents :
Title Page
Copyright Page
Preface
Table of Contents
CHAPTER I: THE ESSENTIALS OF THE CONVENTION
(a) Principal aim of the Convention
(b) Structure of the Convention
(c) Substantive provisions relating to all forms of cruel, inhuman or degrading treatment or punishment
(d) Substantive provisions relating specifically to torture
(e) Implementation provisions
CHAPTER II: THE BACKGROUND OF THE CONVENTION
(1) Human rights and the United Nations
(a) The human rights idea
(b) Human rights instruments of the UN and other intergovernmental organizations
(c) Comparison of declarations and conventions
(d) Implementation procedures
(2) Inclusion of the prohibition of torture in international standards
(3) The Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
(a) Discussion of the question of torture in the UN General Assembly in 1973 and 1974
(b) Preparation of the Declaration by the Fifth UN Congress
(c) Adoption of the Declaration by the UN General Assembly in 1975
(4) Further efforts for strengthening the protection against torture
(a) Further efforts requested by the UN General Assembly
(b) Non-governmental initiatives for the formulation of professional codes
(c) The Code of Conduct for Law Enforcement Officials
(d) The Principles of Medical Ethics
(e) The Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment
(f) Further actions undertaken by the United Nations
(g) Further actions undertaken in non-governmental circles
(h) The draft convention proposed by the International Association of Penal Law
(i) The preventive system proposed by Jean-Jacques Gautier
(j) The Inter-American Convention to Prevent and Punish Torture
(k) The European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
CHAPTER III: THE DRAFTING HISTORY OF THE CONVENTION
(1) Introduction
(2) Action by the UN General Assembly in 1977
(3) Deliberations in the UN Commission on Human Rights in 1978
(a) The Swedish proposal
(b) The proposal of the International Association of Penal Law
(c) Consideration by the Commission
(4) Deliberations in the Commission's Working Group in 1979
(a) Definition of torture
(b) Basic obligations of States
(c) Expulsion and extradition
(d) Education of personnel and control of interrogation methods
(5) Deliberations in the Commission's Working Group in 1980
(a) Expulsion and extradition
(b) Punishment for torture
(c) Jurisdiction over the offence of torture
(d) Custody and other preliminary measures
(e) Extradition or prosecution
(f) The convention as basis for extradition
(g) Legal assistance
(h) Complaints and investigations
(i) Right to compensation
(j) The use of statements made under torture
(k) Cruel, inhuman or degrading treatment or punishment
(6) Deliberations in the Commission's Working Group in 1981
(a) The question of universal jurisdiction
(b) Other provisions of the substantive part
(c) Implementation provisions
(7) Deliberations in the Commission's Working Group in 1982
(a) The question of universal jurisdiction
(b) Other provisions of the substantive part
(c) Implementation provisions
(8) Deliberations in the Commission's Working Group in 1983
(a) Preamble
(b) Provisions of the substantive part
(c) Implementation provisions
(d) Final clauses
(9) Deliberations in the Commission's Working Group in 1984
(a) Preamble
(b) Provisions of the substantive part
(c) Implementation provisions
(d) Final clauses
(10) Consideration by the plenary Commission in 1984 99
(11) Final consideration and action by the UN General Assembly in 1984
(12) Signature and entry into force of the Convention
(13) First meeting of the States Parties and election of the Committee against Torture
CHAPTER IV: ANNOTATIONS ON THE PROVISIONS OF THE CONVENTION
(1) Annotations on Part I: Substantive provisions
Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11
Article 12
Article 13
Article 14
Article 15
Article 16
(2) Annotations on Part II: Implementation provisions
Article 17
Article 18
Article 19
Article 20
Article 21
Article 22
Article 23
Article 24
(3) Annotations on Part III: Final provisions
Articles 25 and 26
Articles 27 and 28
Article 29
Article 30
Article 31
Article 32
Article 33
EPILOGUE
APPENDICES
1. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the United Nations General Assembly on 10 December 1984
2. Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the United Nations General Assembly on 9 December 1975
3. Second resolution on torture and other cruel, inhuman or degrading treatment or punishment, adopted by the United Nations General Assembly on 9 December 1975
4. Resolution concerning a draft convention against torture and other cruel, inhuman or degrading treatment or punishment, adopted by the United Nations General Assembly on 8 December 1977
5. Draft Convention for the Prevention and Suppression of Torture, submitted by the International Association of Penal Law on 15 January 1978
6. Draft International Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, submitted by Sweden on 18 January 1978
7. Revised text of the substantive parts of the Draft Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, submitted by Sweden on 19 February 1979
8. Draft Optional Protocol to the Draft International Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, submitted by Costa Rica on 6 March 1980
9. Proposals for the preamble and the final provisions of the Draft Convention, submitted by Sweden on 2 December 1980
10. New proposals for the implementation provisions of the Draft Convention, submitted by Sweden on 22 December 1981
11. Draft implementation provisions submitted by the Chairman-Rapporteur of the Working Group on 1 February 1982 as a possible alternative to the new Swedish proposals
12. Four draft articles on implementation, with an explanatory note, submitted by the Chairman-Rapporteur on 24 December 1982
13. Draft Convention, preceded by an explanatory note, as contained in the Annex to the report submitted by the Working Group in 1983
14. Resolution concerning the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the United Nations General Assembly on 10 December 1984
15. Articles 31, 32, 33 and 34 of the Standard Minimum Rules for the Treatment of Prisoners
16. Article 5 of the Code of Conduct for Law Enforcement Officials
17. Principles of Medical Ethics relevant to the Role of Health Personnel, particularly Physicians, in the Protection of Prisoners and Detainees against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
18. Inter-American Convention to Prevent and Punish Torture
19. European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
Title Page
Copyright Page
Preface
Table of Contents
CHAPTER I: THE ESSENTIALS OF THE CONVENTION
(a) Principal aim of the Convention
(b) Structure of the Convention
(c) Substantive provisions relating to all forms of cruel, inhuman or degrading treatment or punishment
(d) Substantive provisions relating specifically to torture
(e) Implementation provisions
CHAPTER II: THE BACKGROUND OF THE CONVENTION
(1) Human rights and the United Nations
(a) The human rights idea
(b) Human rights instruments of the UN and other intergovernmental organizations
(c) Comparison of declarations and conventions
(d) Implementation procedures
(2) Inclusion of the prohibition of torture in international standards
(3) The Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
(a) Discussion of the question of torture in the UN General Assembly in 1973 and 1974
(b) Preparation of the Declaration by the Fifth UN Congress
(c) Adoption of the Declaration by the UN General Assembly in 1975
(4) Further efforts for strengthening the protection against torture
(a) Further efforts requested by the UN General Assembly
(b) Non-governmental initiatives for the formulation of professional codes
(c) The Code of Conduct for Law Enforcement Officials
(d) The Principles of Medical Ethics
(e) The Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment
(f) Further actions undertaken by the United Nations
(g) Further actions undertaken in non-governmental circles
(h) The draft convention proposed by the International Association of Penal Law
(i) The preventive system proposed by Jean-Jacques Gautier
(j) The Inter-American Convention to Prevent and Punish Torture
(k) The European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
CHAPTER III: THE DRAFTING HISTORY OF THE CONVENTION
(1) Introduction
(2) Action by the UN General Assembly in 1977
(3) Deliberations in the UN Commission on Human Rights in 1978
(a) The Swedish proposal
(b) The proposal of the International Association of Penal Law
(c) Consideration by the Commission
(4) Deliberations in the Commission's Working Group in 1979
(a) Definition of torture
(b) Basic obligations of States
(c) Expulsion and extradition
(d) Education of personnel and control of interrogation methods
(5) Deliberations in the Commission's Working Group in 1980
(a) Expulsion and extradition
(b) Punishment for torture
(c) Jurisdiction over the offence of torture
(d) Custody and other preliminary measures
(e) Extradition or prosecution
(f) The convention as basis for extradition
(g) Legal assistance
(h) Complaints and investigations
(i) Right to compensation
(j) The use of statements made under torture
(k) Cruel, inhuman or degrading treatment or punishment
(6) Deliberations in the Commission's Working Group in 1981
(a) The question of universal jurisdiction
(b) Other provisions of the substantive part
(c) Implementation provisions
(7) Deliberations in the Commission's Working Group in 1982
(a) The question of universal jurisdiction
(b) Other provisions of the substantive part
(c) Implementation provisions
(8) Deliberations in the Commission's Working Group in 1983
(a) Preamble
(b) Provisions of the substantive part
(c) Implementation provisions
(d) Final clauses
(9) Deliberations in the Commission's Working Group in 1984
(a) Preamble
(b) Provisions of the substantive part
(c) Implementation provisions
(d) Final clauses
(10) Consideration by the plenary Commission in 1984 99
(11) Final consideration and action by the UN General Assembly in 1984
(12) Signature and entry into force of the Convention
(13) First meeting of the States Parties and election of the Committee against Torture
CHAPTER IV: ANNOTATIONS ON THE PROVISIONS OF THE CONVENTION
(1) Annotations on Part I: Substantive provisions
Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11
Article 12
Article 13
Article 14
Article 15
Article 16
(2) Annotations on Part II: Implementation provisions
Article 17
Article 18
Article 19
Article 20
Article 21
Article 22
Article 23
Article 24
(3) Annotations on Part III: Final provisions
Articles 25 and 26
Articles 27 and 28
Article 29
Article 30
Article 31
Article 32
Article 33
EPILOGUE
APPENDICES
1. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the United Nations General Assembly on 10 December 1984
2. Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the United Nations General Assembly on 9 December 1975
3. Second resolution on torture and other cruel, inhuman or degrading treatment or punishment, adopted by the United Nations General Assembly on 9 December 1975
4. Resolution concerning a draft convention against torture and other cruel, inhuman or degrading treatment or punishment, adopted by the United Nations General Assembly on 8 December 1977
5. Draft Convention for the Prevention and Suppression of Torture, submitted by the International Association of Penal Law on 15 January 1978
6. Draft International Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, submitted by Sweden on 18 January 1978
7. Revised text of the substantive parts of the Draft Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, submitted by Sweden on 19 February 1979
8. Draft Optional Protocol to the Draft International Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, submitted by Costa Rica on 6 March 1980
9. Proposals for the preamble and the final provisions of the Draft Convention, submitted by Sweden on 2 December 1980
10. New proposals for the implementation provisions of the Draft Convention, submitted by Sweden on 22 December 1981
11. Draft implementation provisions submitted by the Chairman-Rapporteur of the Working Group on 1 February 1982 as a possible alternative to the new Swedish proposals
12. Four draft articles on implementation, with an explanatory note, submitted by the Chairman-Rapporteur on 24 December 1982
13. Draft Convention, preceded by an explanatory note, as contained in the Annex to the report submitted by the Working Group in 1983
14. Resolution concerning the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the United Nations General Assembly on 10 December 1984
15. Articles 31, 32, 33 and 34 of the Standard Minimum Rules for the Treatment of Prisoners
16. Article 5 of the Code of Conduct for Law Enforcement Officials
17. Principles of Medical Ethics relevant to the Role of Health Personnel, particularly Physicians, in the Protection of Prisoners and Detainees against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
18. Inter-American Convention to Prevent and Punish Torture
19. European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
- Author / Uploaded
- Herman Burgers
- Hans Danelius
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