Torture charges are usually raised against specifically identified individuals, and this may prove to be quite complex in cases o f torture or oth er forms o f abuse, since those responsible for crimes may obs cure th eir identity to the victim and rely on either the protection by silence by his colleagues or their active cooperation in the preparation o f a false statem ent. Sometimes, in cases where the enforcement agent is identi fied by the victim, the perpetrator can d efend himself with "your words against mine," and this is not enough to prove guilt. Another problem arises where there are no independent witnesses, so the prospects for p rosecution charges by the prosecution are very small, i.e. they are not enough to justify the initiation of proceedings. It is considered that i f the evidence is merely words against one another, the standards for evidence of a criminal charge will never be satisfied (beyond reasonable doubt, timely conviction). If there is no dispute that the identi fied p erson h as applied force over the vi ctim, then a new question arises - wheth er the victim could not be put under control and whether the use o f force was necessary, reasonable and transitional, i.e. exemplary. Laws regulating the application o f fo rce to certain individuals by o fficials v ary from country to country. However, the prohibition of torture is absolute, and neither the dangerous nature o f the individual nor the absen ce o f s ecurity measures c an serve as justi fication for torture. 18 In accordance with international standards, force can be applied to persons who are in a given institution only when it is absolutely necessary to maintain the s ecurity and order in the institution, in the case of an attempted escape, in cases when there is resistance in the execution of legal order or when personal sa fety is threatened. In any oth er c ase, force can only be applied exclusively when non-violent means have been shown to be ineffective. 19
This article has explored how interpreters should go about making sense of the content of the idea of dignity with a view to better understanding its influence on interpretive scope. It has proposed a methodological response described as a form of constructive human rights interpretation. This method addresses the special challenges of the idea’s meaning: the limited story about dignity’s substance that is visible in current authoritative interpretations of the prohibition of torture, overly complex or overly basic theoretical conceptualizations of the dignity idea that are difficult to navigate or apply and the need for a ‘map’ to help interpreters make sense of the dignity idea, to move from the idea’s limited substance that is visible in prohibition-of- torture jurisprudence, to a way of expressing its substance that is capable of illuminat- ing and informing the right ’ s application. Further, this should be a way of expressing dignity ’ s meaning that can not only inform an understanding of dignity ’ s influence on the scope of application of the right to date but which can equally inform questions about its influence on the scope of application of the right in future. The constructive interpretation method is a dynamic approach, which is anchored in human rights practice but, recognizing the limitations of what can be learnt from this practice, looks to theoretical conceptualizations of the dignity idea beyond legal human rights discourse. In modelling this approach, to give an example of how it might look in practice, the article has aimed to integrate the outlines of a story about dignity’s meaning found in authori- tative interpretations into broader theoretical conceptualizations of the idea. It has done so by focusing on three conceptual themes—of dignity’s character, dimensions and de- mands—which are particularly apt for understanding dignity within the right not to be subjected to torture and associated harms. When dignity is articulated as something like an elemental status that can be suppressed by humiliation, etc., the conceptualization of a basic dignity that tends to be aligned with the prohibition of torture gains more layers. This approach sets up the next level of enquiry that is needed and at the same time limits the sources that are appropriate to inform it. Situating the dignity idea in this way draws lines around the things that can be and, importantly, need to be said about the relevant substance of the idea of dignity. This moves towards a richer understanding of the dignity idea’s part in shaping the critical and evolving interpretation of a fundamental right.
Unlike most of the positions of some materials to the Convention and the Protocols No. 1 and 4, Article 3 does not provide for exceptions or derogations under Article 15, paragraph 2 of him can not be degraded, even in cases of a situation public emergency threatening the life of the nation. The absolute prohibition of torture, inhuman and degrading treatment under the Convention, shows that art is one of the fundamental values of democratic societies that are part of the Council of Europe.
notwithstanding, in the positive, written law on the matter. There is no other act that so profoundly violates human dignity as the frontal attack on the victim by the application of torture. Indeed, the protection of human dignity lies at the heart of the tortureprohibition and therefore the prohibition of torture is ‘one of morality's firmest norms’ (Ambos, 2008). A state, bound by the Rule of Law, cannot allow torture as inherently repugnant and evil, without betraying its own principles and losing credibility at the international level. For a law- abiding state there is no alternative than to reaffirm the strong symbolic message of the prohibition against torture, thereby setting a clear standard and invoking the principle of reciprocity. This said, it is also true that the absoluteness of the prohibition vis à vis the state does not necessarily entail the individual's responsibility for an act of torture. While the state must take into account in a kind of ‘pragmatic absolutism,’ institutional considerations, the individual may face situations where instead of institutional compliance, civil ‘official disobedience’ may be tolerated or even expected; clearly, being disobedient presupposes a serious deliberation on the part of the respective investigator, a deliberation which must and cannot be substituted by legislative fiat. While the former contains an absolute prohibition on torture, the latter is more flexible and allows for grounds excluding criminal responsibility (Ambos, 2008).
The CAT considers that “the right to an effective remedy for a breach of the Convention underpins the entire Convention, for otherwise the protections afforded by the Convention would be rendered largely illusory.” The HRC and the CAT have both generated a rich jurisprudence on the extent of State obligations related to the prohibition of torture and other cruel, inhuman or degrading treatment or punishment beyond the ‘traditional’ view of preventing the use of torture in interrogations. Related with the conditions of detention, both the HRC and the CAT recognise that conditions of detention may themselves constitute ill-treatment or, in extreme cases, torture. However, the wider detention system may also create conditions conducive to torture or ill-treatment, or, on the contrary, an environment in which such acts are not tolerated. Given their reduced autonomy, prisoners and other detainees are particularly vulnerable to abuse.
the legal literature on deprivation of sleep, the definition, and prohibition of torture and ill-treatment, and its health impacts. A number of texts were identified and analyzed based on contextual relevance: criminal justice processes as well as medical literature on health impacts. The texts were identified via a search of key legal and health databases using the search terms “sleep deprivation,” “sleep adjustment,” and “sleep regulation.” These texts were limited to English-language journal articles, NGO reports, court-cases and UN documents since 1950. They were then analyzed for their approaches to conceptualizing sleep deprivation from the perspective of assessing “severe pain and suffering” and the “diminishment of mental capacity.” Results/Discussion: Sleep deprivation is an ill-defined and, in turn, poorly documented method of torture, particularly when prolonged or inflicted in combination with other methods (e.g., threats) and conditions (e.g., disruptive environment or time of day). More nuanced legal principles, informed by medical evidence, are lacking. Applying these principles would sharpen its conceptualization.
IMLU’s work on rehabilitation aims to empower the torture victim to resume as full a life as possible. Mostly rebuilding the life of someone whose dignity has been destroyed takes time often times requires different approaches depending on the presenting needs of the victims. Therapeutic work at IMLU has over the years primarily been done with individuals and or their families. However, working with this group of men presented us with a unique opportunity to employ a different approach, for the first time, working with homogenous groups. With an increasing record of clients presenting with similar needs, IMLU undertook the first group therapy approach by working with the former air-force men. The results of the intervention were indicative of an approach that not only addressed individual needs, but reached out to and honed group cohesion among victims who went through torture under similar circumstances-all these done in consultation with the victims, their counterparts who were also peer counselors.
This Comment has shown the challenge of even determining the legality of peacetime espionage, let alone the difficulty of enforcing a prohibition on it. Espionage dates back millennia, and it shows no signs of slowing down. Recent technological advancement has complicated the issue, but has not fundamentally transformed it. Importantly, the most successful espionage will never be recognized, meaning that some significant espionage will always fall through the cracks. This is a truth that must be accepted when attempting to enforce a prohibition on any such secretive activity. It must further be remembered that it can be difficult to enforce international law, especially when the competing interests and considerations of many states tasked with enforcement conflict with
Fast forward to 1851: exit Lyman Beecher; enter Neil Dow. After many spirited campaigns and much propaganda, Dow who like Beecher was an avid Temperance supporter, argued that the “traffic in intoxicating drinks tends more to the degradation and impoverishment of people than all other causes of evil combined” (Clark, Deliver 36). He and his followers saw themselves as saviors of the common man, saving him from a lifetime of liquor’s evil influence; if he did not know any better, it was their job to teach him. Dow attained success in 1851 when the legislature of Maine passed a law banning the manufacture and sale of liquor throughout the state. The passing of the prohibition law in Maine only fanned the flames of Temperance whose advocates everywhere came to see Dow as a holy man, a “’prophet’” and “The ‘Napoleon’ of prohibition” (36) who preached at those who drank that they were condemning themselves with their “body-destroying, soul-damning thirst” (39). For Dow, there was no reason for the existence of alcohol and anyone who saw a use for it was lost. Anyone who drank was violent and belligerent, a threat to civilized society, a slave to alcohol. He was fanatically dedicated to overthrowing the rule of the “wife-beating” (40) drunk, a symbol of the decline of America’s morals and ethics. It can also be assumed that if it were not for Neil Dow and the throngs of people loyal to him, many of the “Maine Laws,” as they would come to be known, would not have been passed in other states. Dow took Lyman Beecher’s work to a new level. After the prohibition law in Maine was passed, other states and territories alike began to quickly mobilize their temperance forces to pass their own prohibition laws.
Through public appearances by survivors of torture, the American public, which has become numbed to photographs of Abu Ghraib, will witness torture in a distinctly different format. Rather than being blurry figures in a photograph, victims will become mothers, fathers, sons, and daughters in the eyes of the American public. Instead of conceptualizing torture as something that happens to villains with knowledge of a ticking time bomb’s whereabouts, the American public will learn that torture happens to individuals such as the shy Afghan taxi driver who was choked in a hood and forced to kiss his American captors’ boots, or the dignified police officer whose American captors photographed him naked and twisted his body like a pretzel. 234
Terror, Torture and Resistance VOLUME 12, NUMBER 1 Nicole Vallbe 37 Andrea Dworkin delivered this keynote speech at the May 1991 Canadian Mental Health Associa tion's "Women and Mental Health Conferen[.]
This article utilizes a psychological or behavioral perspective to analyze the domestic violence laws in this country and it concludes that, at the very least, states should amend their child custody laws to include “mental abuse,” a term which is used in this article to refer to verbal, emotional, and psychological abuse, each of which is discussed further below. Section II of this article explains the behavioral approach to law, while Section III provides background information regarding the phenomenon of domestic violence. Section IV discusses the major theories of domestic violence that have been proposed to date. Section V explains the psychological theory of domestic violence, which strongly suggests that the legal system should implement more effective deterrents and sanctions for the mental abuse of one family member by another, especially when the victim is a child. Section VI discusses the domestic violence laws in effect in the U.S. states, paying particular attention to how states’ child custody laws treat domestic violence in general and mental abuse in particular. Section VII addresses possible constitutional objections to states’ inclusion of mental abuse in their definitions of domestic violence. Section VIII reviews legal prohibitions against other forms of abuse of power, including bullying, hazing, torture, and other cruel, inhumane, or degrading treatment or punishment. Section IX sets forth a definition of domestic violence that incorporates mental abuse. Finally, Section X concludes by proposing that states adopt a new, psychologically-sound definition of domestic violence that encompasses all forms of mental abuse, at least for use in child custody proceedings.
In the process of financial integration the non-export clause is a residual element which splits the Single Market into national markets. It needs to be eliminated to promote a sound integration of the EU financial market. Furthermore, the integration of the banking market means that cross- border trade in banking services is gradually becoming a viable option for domestic banking services. The consequence of this is that the export prohibition clause can legally and easily be circumvented by cross-border deposits, gradually reducing any competitive effect which deposit- guarantee scheme might have at the domestic level 7 .
In the area of monetary policy, Turkey made limited progress. It adopted new legislation that prohibits certain privileged access of public sector authorities to financial institutions. Turkey will need to continue to implement the necessary changes to its institutional and legal framework. In particular, the Central Bank (CBT) has not adopted a secondary objective that allows for general economic objectives of the European Community to take precedence over domestic objectives. In addition, it has not yet adopted the relevant rules and structures related to the integration of the CBT into the European System of Central Banks by the time of EU- accession. Some progress can be reported as regards central bank independence and the prohibition of public sector financing, and prohibition of privileged access of the public sector to financial institutions.The CBT changed its profit and loss calculation method related to foreign exchange purchase and sale transactions to “average cost method”, in accordance with the “Guideline of the European Central Bank on the Legal Framework for Accounting and Financial Reporting in the European System of Central Banks” Banks are no longer required to keep a certain amount of compulsory reserves in the form of Turkish Treasury bonds. However, the Investor Protection Fund, a guarantee system for investments in securities, is obliged to invest its assets in government bonds or deposits, which in addition must be kept at state owned banks. Finally, all public institutions, excluding the central Government, must deposit their funds either in state banks or buy government securities. Overall, in the area of monetary policy Turkey is advanced.
Even if we accept such a claim, in our case it would not, by itself, be very useful to identify any causal relationship between drug prohibition and violence. Firstly, our available longitudinal data covers a short period of time that begins in 1978, through which prohibition laws showed little variation. The production and trafficking of drugs like cocaine was prohibited throughout the period, and changes in legislation associated to their prohibition was related to whether drug traffickers should be extradited and the like, rather than to any change in the legality of such activities. Secondly, these laws did not vary at the national level, that is to say, they remained the same across municipalities, our unit of observatio n. Our claim becomes useful when we realize that even though the laws have not varied through time nor across municipalities, their enforcement has. While enforcement of an illegal market activity is not a necessary condition for the activity to be considered as prohibited, lack of enforcement leaves prohibition as a mere label associated to the illegal activity, which in several ways weakens the relationship between prohibition and violence. In other words, we can modify our claim by saying that prohibition of market activities causes more violence, the more enforced the prohibition of these activities is.
administrated structured questionnaire with 31 questions. Five focus group discussions were held. 386 medical professionals participated in the study representing primary, secondary and tertiary levels of health care in five regions of mainland Tanzania: Arusha, Dar es Salaam, Kigoma, Mara and Mbeya. Results: Around 95% of all professionals acknowledged the existence of torture in Tanzania, but only 7% could correctly identify six different acts as being actual acts of torture according to the definition of the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Less than 15% were aware of relevant international standards like the Istanbul Protocol and the Mandela Rules. Up to 57% perceived that torture could be acceptable under certain circumstances. About 68% of all professionals reported to have encountered torture victims. The majority (82.9%) saw themselves as competent in the management of torture victims, but only 22% had received training specifically focusing on torture and its consequences. Most were interested in learning more on the subject. Conclusion: While medical professionals may be aware of the *) DIGNITY – Danish Institute Against Torture
The services’ chosen approach also may be insufficiently protective. Recovering species is a core goal of the ESA, 313 and for good reason; if a species recovers, the environmental goals of the statute are served and regulated entities should face reduced regulatory burdens, for they will no longer be subject to the ESA’s procedural and substantive constraints. But if a species was listed primarily because of the threat of habitat degradation—and, with most species, that was a primary, if not the primary, threat 314 —then allowing additional habitat degradation is fundamentally inconsistent with that goal. With some species, the harmful projects may not be creating an overall negative trend, for the services consistently impose protective conditions (some sufficiently protective to avoid any negative habitat impact), and the public funds many restoration projects. 315 But in the absence of a rigorous effort to relate individual consultation outcomes to broader species trends, it is very difficult to know if the services are doing enough. 316 And even if their efforts are producing positive trends, they are doing so by shifting to a subset of regulated projects—and, to a large extent, to the taxpayer—the burden of compensating for the many projects that escape the adverse modification prohibition.