Monitoring the Prohibition on Torture

// Africa | Monitoring the Prohibition on Torture
Email to a friend Plain text Print version // Font size: Decrease font Enlarge font

Despite an absolute prohibition on torture, it is still in practice. How is freedom from torture being enforced internationally?

I - KEY TO INTEGRITY

The preamble to each constituent part of the International Bill of Human Rights - the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights - explicitly mentions respect for human dignity as one of the foundational principles of the human rights movement. The prohibition of torture, along with the right to life, is a springboard from which many other human rights proceed and is said to guarantee the inherent dignity of individuals.

Yet the use of torture in modern times has continued. It has been used as a tool of repression, and has largely been tied to the realm of security operations - a place often beyond critique, in the name of 'national interests'. Moreover, as methods of torture have diversified and grown in sophistication, they have become harder to detect.

II - AN OVERVIEW OF THE LEGAL PROHIBITION ON TORTURE

Given its importance to the international community, it should be of no surprise that the prohibition of torture is a peremptory norm and is thus expressed in several treaties and recognised as being part of customary international law.

i) International condemnation

Article 5 of the Universal Declaration of Human Rights states that "no-one shall be subject to torture or to cruel, inhuman or degrading treatment or punishment" and forms the foundation upon which subsequent documents have been drawn at both an international and a regional level. Articles 7 and 10 of the International Covenant on Civil and Political Rights are designed to enact this prohibition.

Regional instruments such as the European Convention on Human Rights (Article 3), the American Convention on Human Rights (Article 5) and the African Charter on Human and Peoples' Rights (Article 5) have given this further expression. The prohibition is so widespread and fundamental to conceptions of a just society that it is also part of customary international law.

Torture is also prohibited in international humanitarian law through Articles 3, 12 and 50 of the Geneva Convention I, Articles 3, 12 and 51 of the Geneva Convention II, Articles 3, 17, 87 and 139 of Geneva Convention III and Articles 3, 32 and 147 of Geneva Convention IV. Furthermore, as the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Court (ICC) have shown, individuals can be held liable under international criminal law for acts of torture.

Tagged : No tags for this article

Headlines Newsview all

Diamond Star Joshua Adah Hacked To Death By Fulani Heardsmen

Joshua Adah who is One of the stars of Mo Abudu's Naija Diamonds Season 2 which held in 2012, was hacked to death in Taraba ... Full story

Grace Okpara, Nigerian Worker In Ogun State Tortured By Her Lebanese Employers

A Nigerian employee who has been tortured and maltreated by her Lebanese bosses is in pains at the moment. A Nigerian woman, Grace Okpara, is reeling ... Full story

PSquare Set To Bury Dad On Friday

The family of Peter and Paul Okoye the Psquare brothers  are set to bury their dad, Pa Moses Okoye on Friday, 3oth January 2015. Their dad ... Full story

I Will Be The First Entertainer To Become Nigeria's President - Davido

Popular Nigerian music sensation, Davido, has disclosed his intention to become the first entertainer to be the President of Nigeria, adding that the All Progressive ... Full story

Performance By 'AKA' At Nigeria's Industry Nite Event Postponed

Multiple-Award Winning South African artist, AKA, is unable to perform at tonight’s Industry Nite event in Nigeria due to unforeseen delays with the issuance of ... Full story

New Promo Pics Released By 'Jhybo' Looks Like A Model

Jhybo in conjunction with Lima music storm into 2015 with some great fresh promo pictures. We love the model look…. ... Full story

Check Out Throwback Pictures Of 'Davido'

Check-Out Throwback Pictures Of Davido  See his “ekeh” like 10naira puff-puff     ... Full story

Court Suspension Lifted On All Progressives Congress Fund Raising Platform

The Federal High Court in Lagos on Wednesday restrained five telecoms firms from suspending All Progressives Congress (APC) campaign fund-raising platform. Justice Ibrahim Buba made the ... Full story

We Saw Helicopters Dropping Arms, Food For 'Boko Haram'

Displaced residents of Monguno, in Borno State, which was recently taken over by Boko Haram, have said they saw helicopters dropping arms and food items ... Full story

Teachers Calls Off Strike At Ogun

The Nigeria Union of Teachers (NUT), Ogun State chapter, on Tuesday, called off its 10-day old strike. The decision was announced after a meeting between the ... Full story

Suspected 61-Year-Old Gay Man Almost Beaten To Death In Lagos

A man suspected of trying to lure a boy into gay sex narrowly escaped being beaten to death by an angry mob. But for timely intervention ... Full story

Comment on: Monitoring the Prohibition on Torture

Rate this article

0

Breaking News

I Regret My Role in My Marriage Breakup After 10years….Actress, Georgina Onuoha Igwegbe

It is no longer news that the 10 year old marriage of beautiful Nollywood actress, Georgina Onuoha Igwegbe, had hit the rocks, but the most ...

How Naija Diamonds Season 2 Star Was Hacked To Death In Taraba (Pictures)

Joshua Adah, one of the stars of Mo Abudu's Naija Diamonds Season 2 has been hacked to death in Taraba State. Mr. Adah was callously murdered ...

Would You Recognise Him Back Then?

Story by Titilope Adeuja/Nigeriafilms.com Last Updated: 7 hours ago Celeb Photos: Make A Guess Can you guess which Nigerian celeb is this? Do you have a story/gist for publication? ...

Dr. Sid Baby To Be Born With Foreign Citizenship

While Dr. Sid is seriously studying to become a man of many capacities at the moment, the expectant father is also putting plans for his ...

Burna Boy Can’t Control His Tears After Losing His Bosom Friend

If only Burna Boy can make one wish in life right now, he would have wished his bossom friend, Gambo, back to life. The dancehall music ...

South African Rapper, AKA Denied Nigerian Visa

The monthly Industry Nite, a music/karoke programme comes up on Thursday, January 29 and top rapper, South Africa’s AKA was billed to be on the ...

How I Died Last year, Yet I'M Still Alive- Enyinna Nwigwe

Painfully, some of Nigeria's top celebrities have lost their precious lives in ghastly auto crashes. The memory of the last ones, Dagrin and Mc Loph, still ...

Fashola And Jimi Agbaje In 'Word War' Over Tax Evasion

While speaking at the 8th Annual Stakeholder Taxation Conference in Ikeja, on Wednesday, January 28, Governor Babatunde Fashola of Lagos State attacked the governorship candidate ...

'Kim Kardashian West' Hired A Nutritionist To Help Lose Weight (VIDEO)

Kim Kardashian West has hired a nutritionist to help her lose weight. The Keeping Up with the Kardashians star, who is married to rapper Kanye West, ... Full story

'D’banj’s' Girlfriend 'Bonang Matheba' In Sexy Pose With Burna Boy (PHOTOS)

The event was a celebrity-studded all-white party in South Africa on Saturday, 24th January 2015. Hosted by rapper Da Les in his home in Northern Johannesburg, ... Full story