PART C
DETAILED ANSWERS TO QUESTIONS POSED BY THE REFERENCE
(i)
how international human rights instruments, standards and
mechanisms define ‘torture’ and other forms of ill-treatment,
including with reference to detention, interrogation, medical
experimentation and facilities, corporal punishment, gender specific
forms and sexual abuse. The Advisory Council of Jurists is asked to
develop a list of minimum standards of interrogation in light of the
above analysis.
Summary
•
Torture is prohibited under international law. The prohibition is applicable to all states,
irrespective of whether they are parties to any relevant treaties.
•
The ICCPR, Article 7, and the UDHR, Article 5, provide that no-one shall be subjected to
torture or to cruel, inhuman or degrading treatment or punishment. However, these terms
are not defined.
•
The four Geneva Conventions of 1949 and the two Additional Protocols of 1977 prohibit
torture and related practices (see for example, common Article 3 of the Geneva
Conventions). Torture is not defined.
Definition of torture
•
The following definitions are not intended to be exhaustive and concepts of what is
included in torture or cruel, inhuman or degrading treatment or punishment can evolve
over time to encompass a wider range of conduct.
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