Against torture essay

Against torture essay

The case against capital punishment is often made on the basis that society has a moral obligation to protect human life, not take it. The taking of human life is permissible only if it is a necessary condition to achieving the greatest balance of good over evil for everyone involved But torture, in the cases described, is intended not to bring anyone back but to keep innocents from being dispatched. The most powerful argument against using torture as a punishment or to secure confessions is that such practices disregard the rights of the individual Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Adopted and opened for signature, ratification and accession by General Assembly resolution 39/46 of 10 December entry into force 26 June , in accordance with article 27

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Arabic Chinese French Russian Spanish. Text in PDF Format. Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the equal and inalienable against torture essay of all members of the human family is the foundation of freedom, justice and peace in the world. Considering the obligation of States under the Charter, in particular Article 55, to promote universal respect for, and observance of, against torture essay, human rights and fundamental freedoms.

Having regard to article 5 of the Universal Declaration of Human Rights and article 7 of the International Covenant on Civil and Political Rights, against torture essay, both of which provide that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Having regard also to the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the General Assembly on 9 December , against torture essay.

Desiring to make more effective the struggle against torture and other against torture essay, inhuman or degrading treatment or punishment throughout the world.

For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him against torture essay a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, against torture essay, when such pain or suffering is inflicted by or at the against torture essay of or with the consent or acquiescence of a public official or other person acting in an official capacity.

It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions. This article against torture essay without prejudice to any international instrument or national legislation which does or may contain provisions of against torture essay application. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.

No exceptional circumstances whatsoever, against torture essay, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.

An order from a superior officer or a public authority may not be invoked as a justification of torture. No State Party against torture essay expel, return "refouler" or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture, against torture essay. For the purpose of determining whether there are such grounds, the competent authorities shall take into account all relevant considerations including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights.

a When the offences are committed in any territory under its jurisdiction or on board a ship or aircraft registered in that State. Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over such offences in cases where the alleged offender is present in any territory under its jurisdiction and it does not extradite him pursuant to article 8 to any of the States mentioned in paragraph I of this article. This Convention does not exclude any criminal jurisdiction exercised in accordance with internal law.

Upon being satisfied, after an examination of information available to it, that the circumstances so warrant, any State Party in whose territory a person alleged to have committed any offence referred to in article 4 is present shall take him into custody or take other legal measures to ensure his presence.

The custody and other legal measures shall be as provided in the law of that State but may be continued only for such time as is against torture essay to enable any criminal or extradition proceedings to be instituted. Any person in custody pursuant to paragraph I of this article shall be assisted in communicating immediately with the nearest against torture essay representative of the State of which he is a national, or, if he is a stateless person, with the representative of the State where he usually resides.

When a State, pursuant to this article, against torture essay taken a person into custody, against torture essay, it shall immediately notify the States referred to in article 5, paragraph 1, of the fact that such person is in custody and of the circumstances which warrant his detention. The State which makes the preliminary inquiry contemplated in paragraph 2 of this article shall promptly report its findings to the said States and shall indicate whether it intends to exercise jurisdiction.

The State Party in the territory under whose jurisdiction a person alleged to have committed any offence referred to in article 4 is found shall in the cases contemplated in article 5, if it does not extradite him, submit the case to its competent authorities for the purpose of prosecution.

These authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature against torture essay the law of that State. In the cases referred to in article 5, paragraph 2, the standards of evidence required for prosecution and conviction shall in no way be less stringent than those which apply in the cases referred to in article 5, paragraph 1. Any person regarding whom proceedings are brought in connection with any of the offences referred to in article 4 shall be guaranteed fair treatment at all stages of the proceedings.

The offences referred to in article 4 shall be deemed to be included as extraditable offences in any extradition treaty existing between States Parties. States Parties undertake to include such offences as extraditable offences in every extradition treaty to be against torture essay between them, against torture essay. If a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, it may consider this Convention as the legal basis for extradition in respect of such offences.

Extradition shall be subject to the other conditions provided by the law of the requested State. States Parties which do not make extradition conditional on the existence of a treaty shall recognize such offences as extraditable offences between themselves subject to the conditions provided by the law of the requested State.

Such offences shall be treated, for the purpose of extradition between States Parties, as if they had been committed not only against torture essay the place in which they occurred but also in the territories of the States required to establish their jurisdiction in accordance with article 5, paragraph 1. States Parties shall afford one another the greatest measure of assistance in connection with criminal proceedings brought in respect of any of the offences referred to in article 4, including the supply of all evidence at their disposal necessary for the proceedings.

States Parties shall carry out their obligations under paragraph I of this article in conformity against torture essay any treaties on mutual judicial assistance that may exist between them.

Each State Party shall ensure that education and information regarding the prohibition against torture are fully included in the training of law enforcement personnel, civil or military, medical personnel, public officials and other persons who may be involved in the custody, against torture essay, interrogation or treatment of any individual subjected to any form of arrest, detention or imprisonment.

Each State Party shall include this prohibition in the rules or instructions issued in regard to the duties and functions of any such person. Each State Party shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means against torture essay as full rehabilitation as possible.

In the event of the death of the victim as a result of an act of torture, his dependants shall be entitled to compensation. Nothing in this article shall affect any right of the victim or other persons to compensation which may exist under national law.

Each State Party shall undertake to prevent in any territory under its jurisdiction other acts of cruel, against torture essay, inhuman or degrading treatment or punishment which do not against torture essay to torture as defined in article I, when such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.

In particular, the obligations contained in articles 10, 11, 12 and 13 shall apply with the substitution for references to torture of references to other forms of cruel, inhuman or degrading treatment or punishment, against torture essay.

The provisions of this Convention are without prejudice to the provisions of any other international instrument or national law which prohibits cruel, inhuman or degrading treatment or punishment or which relates to extradition or expulsion. There shall be established a Committee against Torture hereinafter referred to as the Committee which shall carry out the functions hereinafter provided.

The Committee shall consist of ten experts of high moral standing and recognized competence in the field of human rights, who shall serve in their personal capacity. The experts shall be elected by the States Parties, consideration against torture essay given to equitable geographical distribution and to the usefulness of the participation of some persons having legal experience. The members of the Committee shall be elected by secret ballot from a list of persons nominated by States Parties.

Each State Party may nominate one person from among its own nationals. States Parties shall bear in mind the usefulness of nominating persons who are also members of the Human Rights Committee established under the International Covenant on Civil and Political Rights and who are willing to serve on the Committee against Torture. Elections of the members of the Committee shall be held at biennial meetings of States Parties convened by the Secretary-General of the United Nations.

At those against torture essay, for which two thirds of the States Parties shall constitute a quorum, the persons elected to the Committee shall be those who obtain the largest number of votes and an absolute majority of the votes of the representatives of States Parties present and voting. The initial election shall be held no later than six months after the date of the entry into force of this Convention. Ieast four months before the date of each election, the Secretary-General of the United Nations shall address a letter to the States Parties inviting them to submit their nominations within three months.

The Secretary-General shall prepare a list in alphabetical order of all persons thus nominated, indicating the States Parties which have nominated them, against torture essay, and shall submit it to the States Parties. The members of the Committee shall be elected for a term of four years.

They shall be eligible for re-election if renominated, against torture essay. However, the term of five of the members elected at the first election shall expire at the end of two years; immediately after the first election the names of these five members shall be chosen by lot by the chairman of the meeting referred to in paragraph 3 of this article. If a member of the Committee dies or resigns or for any other cause can no longer perform his Committee duties, the State Party which nominated him shall appoint another expert from among its nationals to serve for the remainder of his term, subject to the approval of the majority of the States Parties.

The approval shall be considered given unless half or more of the States Parties respond negatively within six weeks after having been informed by the Secretary-General of the United Nations of the proposed appointment, against torture essay.

States Parties shall be responsible for the expenses of the members of the Committee while they are in performance of Committee duties. The Committee shall establish its own rules of procedure, but these rules shall provide, inter alia, that:.

The Secretary-General of the United Nations shall provide the against torture essay staff and facilities for the effective performance of the functions of the Against torture essay under this Convention. The Secretary-General of the United Nations shall convene the initial meeting of the Committee. After its initial meeting, against torture essay, the Committee shall meet at such times as shall be provided in its rules of procedure.

The States Parties shall be responsible for expenses incurred in connection with the holding of meetings of the States Parties and of the Committee, including reimbursement to the United Nations for any expenses, such as the cost of staff and facilities, incurred by the United Nations pursuant to paragraph 3 of this article. The States Parties shall submit to the Committee, through the Secretary-General of the United Nations, reports on the measures they have taken to give effect to their undertakings under this Convention, against torture essay one year after the entry into force of the Convention for the State Party concerned, against torture essay.

Thereafter the States Parties shall submit supplementary reports every four years on any new measures taken and such other reports as the Committee may request. Each report shall be considered by the Committee which may make such general comments on the report as it may consider appropriate and shall forward these to the State Party concerned, against torture essay.

That State Party may respond with any observations it chooses to the Against torture essay. The Committee may, at its discretion, decide to include any comments made by it in accordance with paragraph 3 of this article, together with the observations thereon received from the State Party concerned, in its annual report made in accordance with article If so requested by the State Party concerned, the Committee may also include a copy of the report submitted under paragraph I of this article.

If the Committee receives reliable information which appears to it to contain well-founded indications that torture is being systematically practised in the territory of a State Party, the Committee shall invite that State Party to co-operate in the examination of the information and to this end to submit observations with regard to the information concerned.

Taking into account any observations which may have been submitted by the State Party concerned, as well as any other relevant information available to it, the Committee may, if it against torture essay that this is warranted, designate one or more of its members to make a confidential inquiry and to report to the Committee urgently.

If an inquiry is made in accordance with paragraph 2 of this article, the Committee shall seek the co-operation of the State Party concerned. In agreement with that State Party, such an inquiry may include a visit to its territory.

After examining the findings of its member or members submitted in accordance with paragraph 2 of this article, the Commission shall transmit these findings to the State Party concerned together with any comments or suggestions which seem appropriate in view of the situation. All the proceedings of the Committee referred to in paragraphs I to 4 of th is article s hall be con fidentialand at all stages of the proceedings the co-operation of the State Party shall be sought.

After such proceedings have been completed with regard to an inquiry made in accordance with paragraph 2, the Committee may, after consultations with the State Party concerned, decide to include a summary account of the results of the proceedings in its annual report made in accordance with article a If a State Party considers that another State Party is not giving effect to the provisions ofthis Convention, it may, by written communication, against torture essay, bring the matter to the attention of that State Party.

Within three months after the receipt of the communication the receiving State shall afford the State which sent the communication an explanation or any other statement in writing clarifying against torture essay matter, which should include, to the extent possible and pertinent, reference to domestic procedures and remedies taken, pending or available in the matter.

b If the matter is not adjusted to the satisfaction of against torture essay States Parties concerned within six months after the receipt by the receiving State of the initial communication, either State shall have the right to refer the matter to the Committee, by notice given to the Committee and against torture essay the other State.

c The Committee shall deal with a matter referred to it under this article only after it has ascertained that all domestic remedies have been invoked and exhausted in the matter, in conformity with the generally recognized principles of international law.

This shall not be the rule where the application of the remedies is unreasonably prolonged or is unlikely to bring effective relief to the person who is the victim of the violation of this Convention. d The Committee shall hold closed meetings when examining communications under this article; e Subject to the provisions of subparagraph. ethe Committee shall make available its good offices to the States Parties concerned with a view to a friendly solution of the matter on the basis of respect for the obligations provided for in this Convention.

For this purpose, the Committee may, when appropriate, set up an ad hoc conciliation commission. f In any matter referred to it under this article, the Committee may call upon the States Parties concerned, against torture essay, referred to in subparagraph bto supply any relevant information. h The Committee shall, within twelve months after the date of receipt of notice under subparagraph bsubmit a report:.

i If a solution within the terms of subparagraph e is reached, against torture essay, the Committee shall against torture essay its report to a brief statement of the facts and of the solution reached.

ii If a solution against torture essay the terms of subparagraph e is not reached, the Committee shall confine its report to a brief statement of the facts; the written submissions and record of the oral submissions made by the States Parties concerned shall be attached to the report.

The provisions of this article shall come into force when five States Parties to this Convention have made against torture essay under paragraph 1 of this article.

Such declarations shall be deposited by the States Parties with the Secretary-General of the United Nations, who shall transmit copies thereof to the other States Parties. A declaration may be withdrawn at any time by notification to the Secretary-General. Such a withdrawal shall not prejudice the consideration of any matter which is the subject of a communication already transmitted under this article; no further communication by any State Party shall be received against torture essay this article after the notification of withdrawal of the declaration has been received by the Secretary-General, unless the State Party concerned has made a new declaration.

A State Party to this Convention may at any time declare under this article that it recognizes the competence of the Committee to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of the Convention. No communication shall be received by the Committee if it concerns a State Party which has not made such a declaration.

The Committee shall consider inadmissible any communication under this article which is anonymous or which it considers to be an abuse of the right of submission of such communications or to be incompatible with the provisions of this Convention. Subject to the provisions of paragraph 2, the Committee shall bring any communications submitted to it under this article to the attention of the State Party to this Convention which has made a declaration under paragraph I and is alleged to be violating any provisions of the Convention.

Within six months, the receiving State shall submit to the Committee written explanations or statements clarifying the matter and the remedy, if any, that may have been taken by that State.

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Capital Punishment: Our Duty or Our Doom? - Markkula Center for Applied Ethics

The American Civil Liberties Union believes the death penalty inherently violates the constitutional ban against cruel and unusual punishment and the guarantees of due process of law and of equal protection under the law. Furthermore, we believe that the state should not give itself the right to kill human beings – especially when it kills with premeditation and ceremony, in The death penalty, or "capital punishment" if one prefers a friendlier term, is the planned killing of an individual by a government or ruling entity in response to a crime. It is considered the just punishment for a person legally convicted of an action which is deemed a safety threat to society. Most states in the U.S. which allow for the death penalty due so because of murder Aug 11,  · Dzerzhinsky and the Cheka At the helm of this wave of state-sanctioned political violence was the Cheka and its fanatical leader, Felix blogger.com agents targeted any individual or group considered a threat to Bolshevik rule or policies