[Marxism] (no subject)

David McDonald dbmcdonald at comcast.net
Sun May 9 08:54:15 MDT 2004


The following is a summary of the Geneva Convention against Torture. The
original URL is recommended because many, many of the words and phrases
that appear below are linked to the actual documents signed by the US
and other nations.

David McDonald


http://www.hrweb.org/legal/undocs.html#CAT


Convention against Torture
This convention bans torture under all circumstances and establishes the
UN Committee against Torture. In particular, it defines torture,
requires states to take effective legal and other measures to prevent
torture, declares that no state of emergency, other external threats,
nor orders from a superior officer or authority may be invoked to
justify torture. It forbids countries to return a refugee to his country
if there is reason to believe he/she will be tortured, and requires host
countries to consider the human rights record of the person's native
country in making this decision.
The CAT requires states to make torture illegal and provide appropriate
punishment for those who commit torture. It requires states to assert
jurisdiction when torture is committed within their jurisdiction, either
investigate and prosecute themselves, or upon proper request extradite
suspects to face trial before another competent court. It also requires
states to cooperate with any civil proceedings against accused
torturers.

Each state is obliged to provide training to law enforcement and
military on torture prevention, keep its interrogation methods under
review, and promptly investigate any allegations that its officials have
committed torture in the course of their official duties. It must ensure
that individuals who allege that someone has committed torture against
them are permitted to make and official complaint and have it
investigated, and, if the complaint is proven, receive compensation,
including full medical treatment and payments to survivors if the victim
dies as a result of torture.. It forbids states to admit into evidence
during a trial any confession or statement made during or as a result of
torture. It also forbids activities which do not rise to the level of
torture, but which constitute cruel or degrading treatment.

The second part of the Convention establishes the Committee Against
Torture, and sets out the rules on its membership and activities.

The Convention was passed and opened for ratification in February, 1985.
At that time twenty nations signed, and five more signed within the
month. At present sixty five nations have ratified the Convention
against torture and sixteen more have signed but not yet ratified it.





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