common assault or other crimes, the government should
directly advance the Convention’s overarching aim of
preventing torture and ill-treatment. Although a number of
national laws penalize certain acts amounting to torture,
there is no specific legislation dealing with ‘torture’ per se.
Naming and defining this crime will promote the
Convention’s aim, inter alia, by alerting everyone, including
perpetrators, victims, and the public, to the special gravity of
the crime of torture. Codifying this crime will also (a)
emphasise the need for appropriate punishment that takes
into account the gravity of the offence, (b) strengthen the
deterrent effect of the prohibition itself, (c) enhance the
ability of responsible officials to track the specific crime of
torture and (d) enable and empower the public to monitor
and, when required, to challenge State action as well as State
inaction that violates the Convention.
2. Discrepancies between the Convention’s definition and
that incorporated into domestic law create actual or
potential loopholes for impunity. In some cases, although
similar language may be used, its meaning may be qualified
by domestic law or by judicial interpretation. Thus, it is
advisable to ensure that all branches of the the government
adhere to the definition set forth in the Convention for the
purpose of defining the obligations of the State.
3. At the same time, broader domestic definitions also
advance the object and purpose of this Convention so long as
they contain and are applied in accordance with the
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