The United Nations convention against torture : : a handbook on the convention against torture and other cruel, inhuman or degrading treatment or punishment / / by J. Herman Burgers and Hans Danelius.
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| Superior document: | International studies in human rights |
|---|---|
| VerfasserIn: | |
| TeilnehmendeR: | |
| Place / Publishing House: | Dordrecht, The Netherlands ;, Boston ;, London : : Martinus Nijhoff Publishers,, [1988] ©1988 |
| Year of Publication: | 1988 |
| Language: | English |
| Series: | International studies in human rights.
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| Physical Description: | 1 online resource. |
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Table of Contents:
- Intro
- Title Page
- Copyright Page
- Preface
- Table of Contents
- CHAPTER I: THE ESSENTIALS OF THE CONVENTION
- (a) Principal aim of the Convention
- (b) Structure of the Convention
- (c) Substantive provisions relating to all forms of cruel, inhuman or degrading treatment or punishment
- (d) Substantive provisions relating specifically to torture
- (e) Implementation provisions
- CHAPTER II: THE BACKGROUND OF THE CONVENTION
- (1) Human rights and the United Nations
- (a) The human rights idea
- (b) Human rights instruments of the UN and other intergovernmental organizations
- (c) Comparison of declarations and conventions
- (d) Implementation procedures
- (2) Inclusion of the prohibition of torture in international standards
- (3) The Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
- (a) Discussion of the question of torture in the UN General Assembly in 1973 and 1974
- (b) Preparation of the Declaration by the Fifth UN Congress
- (c) Adoption of the Declaration by the UN General Assembly in 1975
- (4) Further efforts for strengthening the protection against torture
- (a) Further efforts requested by the UN General Assembly
- (b) Non-governmental initiatives for the formulation of professional codes
- (c) The Code of Conduct for Law Enforcement Officials
- (d) The Principles of Medical Ethics
- (e) The Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment
- (f) Further actions undertaken by the United Nations
- (g) Further actions undertaken in non-governmental circles
- (h) The draft convention proposed by the International Association of Penal Law
- (i) The preventive system proposed by Jean-Jacques Gautier
- (j) The Inter-American Convention to Prevent and Punish Torture.
- (k) The European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
- CHAPTER III: THE DRAFTING HISTORY OF THE CONVENTION
- (1) Introduction
- (2) Action by the UN General Assembly in 1977
- (3) Deliberations in the UN Commission on Human Rights in 1978
- (a) The Swedish proposal
- (b) The proposal of the International Association of Penal Law
- (c) Consideration by the Commission
- (4) Deliberations in the Commission's Working Group in 1979
- (a) Definition of torture
- (b) Basic obligations of States
- (c) Expulsion and extradition
- (d) Education of personnel and control of interrogation methods
- (5) Deliberations in the Commission's Working Group in 1980
- (a) Expulsion and extradition
- (b) Punishment for torture
- (c) Jurisdiction over the offence of torture
- (d) Custody and other preliminary measures
- (e) Extradition or prosecution
- (f) The convention as basis for extradition
- (g) Legal assistance
- (h) Complaints and investigations
- (i) Right to compensation
- (j) The use of statements made under torture
- (k) Cruel, inhuman or degrading treatment or punishment
- (6) Deliberations in the Commission's Working Group in 1981
- (a) The question of universal jurisdiction
- (b) Other provisions of the substantive part
- (c) Implementation provisions
- (7) Deliberations in the Commission's Working Group in 1982
- (a) The question of universal jurisdiction
- (b) Other provisions of the substantive part
- (c) Implementation provisions
- (8) Deliberations in the Commission's Working Group in 1983
- (a) Preamble
- (b) Provisions of the substantive part
- (c) Implementation provisions
- (d) Final clauses
- (9) Deliberations in the Commission's Working Group in 1984
- (a) Preamble
- (b) Provisions of the substantive part
- (c) Implementation provisions.
- (d) Final clauses
- (10) Consideration by the plenary Commission in 1984 99
- (11) Final consideration and action by the UN General Assembly in 1984
- (12) Signature and entry into force of the Convention
- (13) First meeting of the States Parties and election of the Committee against Torture
- CHAPTER IV: ANNOTATIONS ON THE PROVISIONS OF THE CONVENTION
- (1) Annotations on Part I: Substantive provisions
- Article 1
- Article 2
- Article 3
- Article 4
- Article 5
- Article 6
- Article 7
- Article 8
- Article 9
- Article 10
- Article 11
- Article 12
- Article 13
- Article 14
- Article 15
- Article 16
- (2) Annotations on Part II: Implementation provisions
- Article 17
- Article 18
- Article 19
- Article 20
- Article 21
- Article 22
- Article 23
- Article 24
- (3) Annotations on Part III: Final provisions
- Articles 25 and 26
- Articles 27 and 28
- Article 29
- Article 30
- Article 31
- Article 32
- Article 33
- EPILOGUE
- APPENDICES
- 1. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the United Nations General Assembly on 10 December 1984
- 2. Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the United Nations General Assembly on 9 December 1975
- 3. Second resolution on torture and other cruel, inhuman or degrading treatment or punishment, adopted by the United Nations General Assembly on 9 December 1975
- 4. Resolution concerning a draft convention against torture and other cruel, inhuman or degrading treatment or punishment, adopted by the United Nations General Assembly on 8 December 1977
- 5. Draft Convention for the Prevention and Suppression of Torture, submitted by the International Association of Penal Law on 15 January 1978.
- 6. Draft International Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, submitted by Sweden on 18 January 1978
- 7. Revised text of the substantive parts of the Draft Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, submitted by Sweden on 19 February 1979
- 8. Draft Optional Protocol to the Draft International Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, submitted by Costa Rica on 6 March 1980
- 9. Proposals for the preamble and the final provisions of the Draft Convention, submitted by Sweden on 2 December 1980
- 10. New proposals for the implementation provisions of the Draft Convention, submitted by Sweden on 22 December 1981
- 11. Draft implementation provisions submitted by the Chairman-Rapporteur of the Working Group on 1 February 1982 as a possible alternative to the new Swedish proposals
- 12. Four draft articles on implementation, with an explanatory note, submitted by the Chairman-Rapporteur on 24 December 1982
- 13. Draft Convention, preceded by an explanatory note, as contained in the Annex to the report submitted by the Working Group in 1983
- 14. Resolution concerning the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the United Nations General Assembly on 10 December 1984
- 15. Articles 31, 32, 33 and 34 of the Standard Minimum Rules for the Treatment of Prisoners
- 16. Article 5 of the Code of Conduct for Law Enforcement Officials
- 17. Principles of Medical Ethics relevant to the Role of Health Personnel, particularly Physicians, in the Protection of Prisoners and Detainees against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
- 18. Inter-American Convention to Prevent and Punish Torture.
- 19. European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment.