PROHIBITION OF TORTURE AT INTERNATIONAL AND PUBLIC LEVELS MIGAL ROMAN VASILYEVICH
Journal Title: «Приватне та публічне право» - Year 2018, Vol 3, Issue
Abstract
In the article, the author criticizes the norms of legislation of Ukraine, as well as different countries in the context of protecting human rights against torture. Particular attention is paid to special international legal acts. It is proved that each State party is using effective legislative, administrative, judicial and other measures to prevent acts of torture in any territory under its jurisdiction. No exceptional circumstances, whatever they may be, a state of war or a threat to war, internal political instability or any other state of emergency, cannot serve as justification for torture. And the order of the supreme commander or state authority cannot serve as justification for torture. Each State Party shall ensure that all acts of torture are considered as criminal offenses under its criminal law. The same can be said of an attempt to torture and to act against any person who is complicity or participation in torture. Particular emphasis is placed on the fact that participation in the Convention provides for the establishment of appropriate penalties for such crimes, given their grave nature. States also undertake to prevent, in any territory under its jurisdiction, other acts of cruel, inhuman or degrading treatment or punishment that do not fall under the definition of torture when committed by public officials, another person , acting in their official capacity, with their incitement, with their knowledge or tacit consent.
Authors and Affiliations
Р. В. Мигаль
Keywords
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