Sunday, June 9, 2019

Can a torturer be tried anywhere in the world Discuss the concept of Essay

Can a torturer be tried anywhere in the world Discuss the concept of universal jurisdiction of the 1984 Convention against curse and other(a) Cruel, Inhuman or Degrading Treatment or Punishment - Essay ExampleArticle 1 of the CAT 1984 act contains requirements that the forbidden acts be inflicted to a person with the consent of a public official or any other person acting in an official competence1.The CAT 1984 requires that signatories dispatch appropriate measures aimed at ensuring that they end torture within the jurisdiction in their territories and to term all cases of torture as criminal cases. Unlike other foreign bodies and agreements prohibiting torture, CAT gives a general definition and description of the term torture2.In the convention, it is clearly stated that each state party is entitled to take discriminative and legislative measures aimed at preventing torture within the territories of the state party. The clause also states that no circumstance whether wars or internal political instabilities or any other emergency of political interest shall be cited as justification of torture. This means that a torturer is subjected to trial and must be prosecuted if found guilty of torture disregarding of the state party he or she is residing at that particular period3.It is enshrined in the constitution under 3 that no party can eject a victim of torture to another country/state, instead, cases of torture must be dealt with at the state party where the victim was faced with the case. For instance, it means that law to cease the Germany government, if they chose to prosecute a U.S official for torture crimes committed in Iraq.The definition of word torture, which emerged in the Torture Declaration, was not considered as precise and was largely criticized by Mach lawyers, researchers and scholars on various points. Various discussions resulted in a more precise and elaborate though more complex. This definition appears in the Torture Convention, arti cle 1, separate 1.Torture is thus defined as an act that causes physical or mental pain or suffering when

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.