The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

1988 ◽  
pp. 13-21
Author(s):  
Maxime Tardu
Keyword(s):  
United Nations ◽  
Convention Against Torture ◽  
United Nations Convention ◽  
Degrading Treatment ◽  
The United Nations

The Revision of the General Comment No. 1 on the Implementation of Art. 3 uncat’s Non-Refoulement Obligation in Light of the Use of Diplomatic Assurances

2018 ◽  
Vol 21 (1) ◽  
pp. 167-209
Author(s):  
Stephanie Schlickewei
Keyword(s):  
United Nations ◽  
Effective Implementation ◽  
European Court ◽  
Convention Against Torture ◽  
International Obligations ◽  
United Nations Convention ◽  
Degrading Treatment ◽  
New Challenges ◽  
The United Nations ◽  
The Individual

On 26 June 1987, the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (uncat) entered into force. The comprehensive set of regulations of the Convention aimed at ensuring a more effective implementation of the international community’s common endeavours to eradicate torture globally. Nevertheless, torture practice still prevails in many countries. New crises, such as the international fight against terrorism, constantly compromise the achievement of the Convention’s overall objective; in particular, they present a great challenge to States Parties’ compliance with the uncat’s explicit nonrefoulement obligation of Art. 3 uncat. Aiming for the transfer of a person to another State and in a bid to nevertheless satisfy their international obligations, States Parties tend to rely on so-called diplomatic assurances from the receiving State, thereby potentially exposing the individual to the risk of being subjected to torture following the transfer. Being aware of the new challenges to the protection of Art. 3 uncat, in 2015, the United Nations Committee against Torture finally decided to undertake a comprehensive review of its General Comment No. 1 (1997). As the text of 1997 was considered to no longer meet the needs of the States with respect to the new challenges of the 21st century, the revision was inter alia aimed to also explicitly address the alarming trend of the application of diplomatic assurances and to include an assessment of their legitimate use in the context of Art. 3 uncat. This article outlines the aforementioned review process with regard to the use of diplomatic assurances in the context of torture and analyses the question of their legitimacy under international law with respect to the uncat and in light of and in comparison to the European Court of Human Right’s jurisdiction in this context.

Defending Hissène Habré in Senegal During the Early Years

2020 ◽  
pp. 48-53
Author(s):  
Hélène Cissé
Keyword(s):  
Public Opinion ◽  
United Nations ◽  
Early Years ◽  
Crimes Against Humanity ◽  
Criminal Proceedings ◽  
Convention Against Torture ◽  
United Nations Convention ◽  
Degrading Treatment ◽  
The United Nations ◽  
The Republic

This chapter looks at the first cases against Hissène Habré in Dakar. On 25 January 2000, Souleymane Guengueng and seven other Chadian victims, as civil parties, lodged a complaint against Habré in Dakar for acts of torture and other inhumane and degrading treatment, in application of the United Nations Convention against Torture. Following the complaint, on 3 February 2000, the investigating judges charged Habré with knowingly aiding and abetting in the commission of crimes against humanity, acts of torture, and barbarity against the plaintiffs between June of 1982 and December of 1990: the period during which he served as President of the Republic of Chad. Senegalese public opinion was and would remain divided throughout the criminal proceedings. Hélène Cissé then discusses her role as Habré's defence attorney from 2000 to 2004, giving a singular account of the little-known early cases against Habré.

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