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The Prevention of Torture

The Prevention of Torture
Author: Danielle Celermajer
Publisher: Cambridge University Press
Total Pages: 375
Release: 2018-09-06
Genre: Political Science
ISBN: 1108633897

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There is an urgent need to analyze and assess how we prevent torture, against the background of a rigorous analysis of the factors that condition and sustain it. Drawing on rich empirical material from Sri Lanka and Nepal, The Prevention of Torture: An Ecological Approach interrogates the worlds that produce torture in order to propose how to bring about systemic institutional and cultural change. Critics have decried human rights approaches' failure to attend to structural factors, but this book seeks to go beyond a 'stance of criticism' to take up the positive project of reimagining human rights theory and practice. It discusses key debates in human rights and political theory, as well as the challenges that advocates face in translating situational analyses into real world interventions. Danielle Celermajer develops a new, ecological framework for mapping the worlds that produce torture, and thereby develops prevention strategies.


Does Torture Prevention Work?

Does Torture Prevention Work?
Author: Richard Carver
Publisher: Oxford University Press
Total Pages: 688
Release: 2016
Genre: Law
ISBN: 1781383308

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In the past three decades, international and regional human rights bodies have developed an ever-lengthening list of measures that states are required to adopt in order to prevent torture. But do any of these mechanisms actually work? This study is the first systematic analysis of the effectiveness of torture prevention. Primary research was conducted in 16 countries, looking at their experience of torture and prevention mechanisms over a 30-year period. Data was analysed using a combination of quantitative and qualitative techniques. Prevention measures do work, although some are much more effective than others. Most important of all are the safeguards that should be applied in the first hours and days after a person is taken into custody. Notification of family and access to an independent lawyer and doctor have a significant impact in reducing torture. The investigation and prosecution of torturers and the creation of independent monitoring bodies are also important in reducing torture. An important caveat to the conclusion that prevention works is that is actual practice in police stations and detention centres that matters - not treaties ratified or laws on the statute book.


Preventing Torture in Europe

Preventing Torture in Europe
Author: Christine Bicknell
Publisher:
Total Pages: 334
Release: 2018
Genre: Social Science
ISBN:

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A comprehensive insight into the valuable work carried out by one of the Council of Europe's highly influential mechanisms, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT). Since its inception in 1989, specialist members of the CPT (lawyers, prosecutors, prison experts, doctors, psychiatrists, etc.) have visited thousands of police stations, prisons, immigration detention centres, psychiatric hospitals and other places of detention all over Europe, to monitor the living conditions (hygiene, provision of food and drink, health care, etc.) of those being detained. Following these visits, the CPT issues reports suggesting improvements and laying down standards. The purpose of this book is twofold. In the first part, the authors explain the background and origins of the CPT, its membership and modus operandi, as well as how it interacts with other bodies, such as the UN's Subcommittee on Prevention of Torture (SPT) and the national preventive mechanisms (NPMs). In the second part, the authors describe the CPT's key findings and standards in the main situations of deprivation of liberty (police, prison, immigration detention, mental health and social care). In a detailed appendix, the authors provide summaries of the key CPT findings for the 47 states visited by the CPT


Preventing Torture ? The Role of National Preventive Mechanisms

Preventing Torture ? The Role of National Preventive Mechanisms
Author: United Nations OHCHR
Publisher: United Nations
Total Pages: 72
Release: 2019-03-05
Genre: Political Science
ISBN: 921047905X

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This guide was developed in the context of the OHCHR Treaty Body Capacity Building Programme, established by General Assembly Resolution 68/268 to support States parties in building their capacity to implement their treaty obligations, in this case, their obligations under the Optional Protocol. It seeks to respond to key questions frequently asked about National Preventive Mechanisms (NPMs), and to explain the four core functions of the mechanisms – visiting, providing advice, enhancing cooperation and educating – which are key to their effective functioning. It includes checklists and other guidance offering practical tools to aid their performance. It aims to assist both States planning to establish or seeking to strengthen their NPMs, as well as the staff of the NPMs themselves.


Research Handbook on Torture

Research Handbook on Torture
Author: Malcolm D. Evans
Publisher: Edward Elgar Publishing
Total Pages: 608
Release: 2020-12-25
Genre: Law
ISBN: 1788113969

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This Research Handbook is of great importance in an era where torture, whilst universally condemned, remains endemic. It explores the nature of the international prohibition of torture and the various means and mechanisms which have been put in place by the international community in an attempt to make that prohibition a reality.


Preventing Torture

Preventing Torture
Author: Malcolm David Evans
Publisher:
Total Pages: 522
Release: 1998
Genre: Law
ISBN:

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In the 19th century the prohibition of judicial torture was celebrated as a triumph of civilisation. But in the aftermath of the 2nd World War it was necessary for the International community to re-emphasise, in the Universal Declaration of Human Rights, its abhorrence of torture: theproscription of torture became part of international customary law. But torture by agents of contemporary states persists, not least in the heart of Europe where reliance on the use of custody is growing once again. This pathbreaking documentary and empirical study - of a kind rarely undertaken inthe field of international human rights law - considers in detail the work of the latest actor on the international stage attempting to prevent torture. The European Committee for the Prevention of Torture and Inhuman and Degrading Treatment or Punishment (the CPT), established in 1989, represents anew phase in international human rights intervention. The Council of Europe member states have given a Strasbourg-based Committee of experts an almost unfettered hand to examine their places of custody and report on what they find. The authors, an international lawyer and a criminologist, bringtheir different analytical perspectives to bear on this innovative human rights mechanism. The authors consider the nature of torture in the late 20th century and, given the pervasive culture of denial, the difficulties in combating it. They argue that utilitarian justifications for torture lurkjust beneath the surface of modern liberal democratic state practice. They describe the background to the European Convention for the Prevention of Torture, examine the text and the modus operandi of the Committee, set the CPT's standards against those of other international bodies and discuss howthe work of the Committee should best be carried forward in an enlarged and increasingly diverse European community of nations.


The Optional Protocol to the UN Convention Against Torture

The Optional Protocol to the UN Convention Against Torture
Author: Rachel Murray
Publisher: OUP Oxford
Total Pages: 264
Release: 2011-08-11
Genre: Law
ISBN: 0191029742

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The Optional Protocol to the UN Convention Against Torture (OPCAT) establishes an independent international monitoring committee (SPT) which itself will visit states and places where persons are deprived of their liberty. It also requires states to set up independent national bodies to visit places of detention. This book, drawing upon events held and interviews with governments, civil society, members of UN treaty bodies, national visiting bodies and others, identifies key factors that have shaped the operation of these visiting bodies since OPCAT came into force in 2006. It looks in detail at the background to the adoption of the Protocol, as well as how the international committee, the SPT, has carried out its mandate in its first few years. It examines the range of places of detention that could be visited by these bodies, and the expectations placed on the national visiting bodies themselves. The book also places the OPCAT within the broader system of torture prevention in the UN and elsewhere and identifies a range of trends arising from the different geographical regions. As well as providing an insight into its work, this detailed examination of OPCAT also provides valuable lessons for other new human rights treaties such as the UN Convention on the Rights of Persons with Disabilities and the Convention on Enforced Disappearances, which have similar provisions concerning national mechanisms.


Preventing Torture

Preventing Torture
Author: Malcolm D. Evans
Publisher:
Total Pages: 0
Release: 2023
Genre: Torture
ISBN: 9781383015393

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Preventing Torture comprises a documentary and empirical study of the European Convention for the Prevention of Torture and the work of the Committee (the CPT) established under it.


Combating Torture in Europe

Combating Torture in Europe
Author: Rodney Morgan
Publisher: Council of Europe
Total Pages: 252
Release: 2001-01-01
Genre: Political Science
ISBN: 9789287146144

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Set up in 1989, specialist members of the Committee, including doctors and lawyers, have visited places of detention, prison and psychiatric hospitals throughout Europe to monitor the living conditions of those being detained. Following these visits, the committee has published reports suggesting improvements and laying down standards. This book provides a clear and comprehensive insight into the work carried out by one of the Council of Europe's highly influential non-judicial committees. Issues discussed include: the framework of the European Convention for the Prevention of Torture and the mandate of the Committee; the key terms used and the safeguards the Committee has recommended to be adopted by states; the impact of the Committee's work and possible options for the future. The book also contains the text of the Convention, the Protocols, and explanatory notes.