STATE RESPONSIBILITY IN THE PREVENTION OF TORTURE AND INHUMAN AND DEGRADING TREATMENT
Journal Title: Challenges of the knowledge society ( Provocari ale societatii cunoasterii ) - Year 2019, Vol 11, Issue 13
Abstract
To produce intentional, systematic and cruel physical or mental suffering, acting on their own initiative or on the basis of order, in order to compel certain persons to confess or give information, was defined as torture. To put a person in serious danger through actions, measures or treatments of any kind, affecting physical or mental condition is inhuman and degrading treatment. The European Convention on Human Rights stated, with the overriding value, by the provisions of Article 3 that: “No one shall be subjected to torture or to inhuman or degrading treatment or punishment”, imposing, by the provisions of the article, the obligations of the state authorities not to apply no form of suffering or inhuman treatment of persons under their jurisdiction, and the obligation to protect the physical and mental integrity of such persons. On 9 October 1990, by promulgating Law No.19, Romania adheres to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and has thus established a mechanism for the prevention of torture and inhuman and degrading treatment. The establishment of independent internal mechanisms for the prevention of torture and inhuman and degrading treatment is an express requirement contained in Part V of the Optional Protocol to the Convention for the Prevention of Torture. The scope of the institutions in which the mechanisms for the prevention of torture and inhuman and degrading treatment are exercising is largely covering both the penitentiary system, the detention and preventive arrest centers, the medical-social institutions for the persons with mental disabilities and other units in which may engage in inhuman or degrading treatment.
Authors and Affiliations
Florentina Laurenţia GĂIŞTEANU
Keywords
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