Torture
Throughout history, torture has been used as a method of political re-education, interrogation, punishment, and coercion. In addition to state-sponsored torture, individuals or groups may be motivated to inflict torture on others for similar reasons to those of a state; however, the motive for torture can also be for the sadistic gratification of the torturer, as in the Moors murders.
Torture is prohibited under international law and the domestic laws of most countries in the 21st century. It is considered to be a violation of human rights, and is declared to be unacceptable by Article 5 of the UN Universal Declaration of Human Rights. Signatories of the Geneva Conventions of 1949 and the Additional Protocols I and II of 8 June 1977 officially agree not to torture captured persons in armed conflicts, whether international or internal. Torture is also prohibited by the United Nations Convention Against Torture, which has been ratified by 155 countries.[64]
National and international legal prohibitions on torture derive from a consensus that torture and similar ill-treatment are immoral, as well as impractical.[65] Despite these international conventions, organizations that monitor abuses of human rights (e.g. Amnesty International, the International Rehabilitation Council for Torture Victims) report widespread use condoned by states in many regions of the world.[66] Amnesty International estimates that at least 81 world governments currently practice torture, some of them openly.[67]
纵观历史,刑讯逼供已用作政治方法再教育,审讯,惩罚,和强迫。除了国家资助的酷刑,个人或团体可能会促使造成折磨别人出于类似的原因的状态;然而,虐待狂的动机酷刑也可以满足虐待者,在摩尔人谋杀。
禁止酷刑的国际法和国内法下大多数国家在21世纪。它被认为是违反了人权,并宣布第五条是不可接受的联合国《世界人权宣言》。1949年日内瓦公约的签署国和附加协议I和II 8 1977年6月正式同意不虐待俘虏的人在武装冲突,无论是国际还是内部。折磨也是禁止联合国禁止酷刑公约,已批准155个国家。[64]
国家和国际法律禁止酷刑来自类似的共识,酷刑和虐待都是不道德的,不切实际的。[65]尽管有这些国际公约,监控滥用人权的组织(例如大赦国际,国际康复委员会酷刑受害者)报告广泛使用宽恕的国家在世界上的许多地区。[66]大赦国际(Amnesty International)估计,至少81年世界各国政府目前实践酷刑,其中一些公开。[67
Torture is the act of deliberately inflicting severe physical or psychological pain and possibly injury to a person (or animal), usually to one who is physically restrained or otherwise under the torturer's control or custody and unable to defend against what is being done to them. Torture has been carried out or sanctioned by individuals, groups and states throughout history from ancient times to modern day, and forms of torture can vary greatly in duration from only a few minutes to several days or even longer. Reasons for torture can include punishment, revenge, political re-education, deterrence, interrogation orcoercion of the victim or a third party, or simply the sadistic gratification of those carrying out or observing the torture. The torturer may or may not intend to kill or injure the victim, but sometimes torture is deliberately fatal and can precede a murder or serve as a cruel form of capital punishment. In other cases, the torturer may be indifferent to the condition of the victim. Alternatively, some forms of torture are designed to inflict psychological pain or leave as little physical injury or evidence as possible while achieving
the same psychological devastation. Depending on the aim, even a form of torture that is intentionally fatal may be prolonged to allow the victim to suffer as long as possible (such as half-hanging).
Although torture was sanctioned by some states historically, torture in the 21st century is prohibited under international law and the domestic laws of most countries. It is considered to be a violation of human rights, and is declared to be unacceptable by Article 5 of the UN Universal Declaration of Human Rights. Signatories of the Geneva Conventions of 1949 and the Additional Protocols I and II of 8 June 1977 officially agree not to torture captured persons in armed conflicts, whether international or internal. Torture is also prohibited by the United Nations Convention Against Torture, which has been ratified by 155 countries.[1]
National and international legal prohibitions on torture derive from a consensus that torture and similar ill-treatment are immoral, as well as impractical.[2]Despite these international conventions, organizations that monitor abuses of human rights (e.g. Amnesty International, the International Rehabilitation Council for Torture Victims, etc.) report widespread use condoned by states in many regions of the world.[3] Amnesty International estimates that at least 81 world governments currently practice torture, some of them openly.[4] Historically, in those countries where torture was legally supported and officially condoned, wealthy patrons sponsored the creation of extraordinarily ingenious devices and techniques of torture.
酷刑的行为是故意造成严重的身体或心理痛苦和可能损害一个人(或动物),通常人身体的限制或其他虐待者的控制或托管和无法抵御对他们正在做的事情。酷刑进行了或批准的个人、组织和国家在历史上从古代到现代,和形式的酷刑都可能存在很大差别的持续时间从几分钟到数天或更长的时间。刑讯逼供的原因包括惩罚、报复,政治再教育,威慑,审讯orcoercion受害人或第三方,或简单的施虐狂的满足开展观察酷刑。行刑者可能会或可能不会打算杀死或伤害的受害者,但有时酷刑是故意致命和可以先于谋杀或作为一种残忍的死刑。在其他情况下,虐待者可能对受害者的状况。另外,某些形式的折磨是为了造成心理痛苦或离开尽可能少的人身伤害或证据而实现相同的心理破坏。根据不同的目标,甚至是一种折磨,是故意致命可能长期允许受害人遭受尽可能长时间(比如half-hanging)。
虽然酷刑是批准的一些州历史上,根据国际法禁止酷刑在21世纪,大多数国家的国内法。它被认为是违反了人权,并宣布第五条是不可接受的联合国《世界人权宣言》。1949年日内瓦公约的签署国和附加协议I和II 8 1977年6月正式同意不虐待俘虏的人在武装冲突,无论是国际还是内部。折磨也是禁止联合国禁止酷刑公约,已批准155个国家。[1]
国家和国际法律禁止酷刑来自类似的共识,酷刑和虐待都是不道德的,不切实际的。[2]尽管有这些国际公约,监控滥用人权的组织(例如大赦国际,国际康复委员会酷刑受害者,等等)报告广泛使用宽恕的国家在世界上的许多地区。[3]大赦国际(Amnesty International)估计,至少81年世界各国政府目前实践酷刑,他们中的一些人公开。[4]从历史上看,在这些国家,酷刑是正式法律支持和纵容,富有的赞助人赞助的创建非常巧妙的设备和技术的酷刑。 Motion
如何定义？
Human rights are moral principles that set out certain standards of human behaviour, and are regularly protected as legal rights in national andinternational law.[1] They are %understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being.\
everywhere) and egalitarian (the same for everyone). The doctrine of human rights has been highly influential within international law, global and regional institutions. Policies of states and in the activities of non-governmental organizations and have become a cornerstone of public policy around the world. The idea of human rights[3] suggests, \the public discourse of peacetime global society can be said to have a common moral language, it is that of human rights.\The strong claims made by the doctrine of human rights continue to provoke considerable skepticism and debates about the content, nature and justifications of human rights to this day. Indeed, the question of what is meant by a \is itself controversial and the subject of continued philosophical debate.[4]
Many of the basic ideas that animated the human rights movement developed in the aftermath of the Second World War and the atrocities of The Holocaust, culminating in the adoption of the Universal Declaration of Human Rights in Paris by the United Nations General Assembly in 1948. The ancient world did not possess the concept of universal human rights.[5] The true forerunner of human rights discourse was the concept of natural rights which appeared as part of the medieval Natural law tradition that became prominent during the Enlightenment with such philosophers as John Locke, Francis Hutcheson, and Jean-Jacques Burlamaqui, and featured prominently in the English Bill of Rights and the political discourse of the American Revolution and the French Revolution.
From this foundation, the modern human rights arguments emerged over the latter half of the twentieth century.[6]
Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world... —1st sentence of the Preamble to the Universal Declaration of Human Rights All human beings are born free and equal in dignity and rights.
—Article 1 of the United Nations Universal Declaration of Human Rights (UDHR)[7]
人权是人类行为的道德原则,制定一定的标准,并定期为法律权利在国家和国际法律保护。[1]他们是“通常理解为不可剥夺的基本权利,一个人固有的资格,因为她或他是一个人。”[2]因此被设想为普世人权(到处都适用)和平均主义(对每个人都同样的)。人权学说已经非常有影响力在国际法律,全球和区域机构。政策的国家和非政府组织的活动,已经成为世界各地的公共政策的基石。人权的概念[3]所暗示的那样,“如果和平时期的全球社会的公共话语可以说有共同的道德语言,那就是人权。“强烈主张人权主义的继续引发相当大的怀疑和争论的内容、性质和人权的理由。事实上,这个问题是什么意思的“正确”本身就是有争议的和持续的哲学辩论的话题。[4]
许多动画人权运动的基本思想发达在第二次世界大战之后,大屠杀的暴行,并采用《世界人权宣言》在巴黎在1948年由联合国大会。古代没有普世人权的概念。[5]人权话语的真正先驱是自然权利的概念出现在中世纪的法律传统,成为杰出的启蒙运动期间等哲学家约翰·洛克,弗朗西斯·哈奇森让Burlamaqui,在英语中有突出表现的政治话语权利法案》和美国革命和法国革命。
在此基础上,现代人权的参数出现在20世纪下半叶。[6]
而识别的固有尊严,平等的和不可剥夺的权利的人类大家庭的所有成员是自由的基础,正义与和平的世界??
1日的《世界人权宣言》的序言
所有人类生而拥有尊严和权利的平等和自由。
-Article 1联合国《世界人权宣言》(UDHR)[7]
The right to life: life is the most basic, the most important human rights, if unable to protect people's right to life, then all other rights are castles in the air. Endless depriving people of life, or wantonly to exert threats, abuse and torture people, my way is to use a kind of human rights. [4] allow this to happen, individual rights is impossible. So the general criminal law will have the right to life of other people of all countries most crimes sentencing. \
生命权：生命权是最基本，最重要的人权，如果无法充分保障人的生命权，那么一切其它权利都是空中楼阁。无端剥夺人的生命，或者肆意对人施加恐吓、虐待和折磨，就是用一种非人权的待人方式。[4]任由这种情况发生，个人权利就无从谈起。所以一般各国的刑法都将侵害他人生命权的罪行量刑最重。“生命权是一个人之所以被当作人类伙伴所必须享有的权利。”
First, due to the imbalance of social development and the diversity of moral norms, recognised by some kind of community rights, there is not enough reason is also applicable to other community is considered. Second, no matter how big differences social development and ethics, some of the minimum of all community must receive the unanimous support of human rights. To sum up, the human rights standard is the lowest, so to become common; Because is common, so also can only is the lowest.
第一，由于社会发展的不平衡性和道德规范的多样性，得到某种共同体认可的权利，没有足够的理由被认为也同样适用于其他共同体。第二，无论社会发展和道德规范存在多么大的差异，一些最低限度的人权必须得到所有共同体的一致拥护。总结起来，人权标准是最低的，所以才能成为普遍的；因为是普遍的，所以也只能是最低的。
Laws against torture[edit]
On 10 December 1948 the United Nations General Assembly adopted the Universal Declaration of Human Rights (UDHR). Article 5 states, \or degrading treatment or punishment.\Since that time, a number of other international treaties have been adopted to prevent the use of torture. The most notable treaties relating to torture are theUnited Nations Convention Against Torture and the Geneva Conventions of 1949 and their Additional Protocols I and II of 8 June 1977.[54] United Nations Convention Against Torture[edit]
The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment came into force in June 1987. The most relevant articles are Articles 1, 2, 3, and the first paragraph of Article 16. Article 1
1. For the purposes of this Convention, the term \suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or 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, when such pain or suffering is inflicted by or at the instigation 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.
2. This article is without prejudice to any international instrument or national legislation which does or may contain provisions of wider application. Article 2
1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.
2. No exceptional circumstances whatsoever, 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. 3. An order from a superior officer or a public authority may not be invoked as a justification of torture. Article 3
1. No State Party shall expel, return (\are substantial grounds for believing that he would be in danger of being subjected to torture.
2. 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. Article 16
1. Each State Party shall undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not amount 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.
Note several points:
Article 1: Torture is \influences discussions on this area of international law. See the section Other conventions for more details on the ECHR ruling.
Article 2: There are \not break its treaty obligations\
Article 16: Obliges signatories to prevent \of cruel, inhuman or degrading treatment or punishment\
As of May 23, 2014, 155 states are parties to the Convention against Torture.[57] Optional Protocol to the UN Convention Against Torture[edit]
The Optional Protocol to the Convention Against Torture (OPCAT) entered into force on 22 June 2006 as an important addition to the UNCAT. As stated in Article 1, the purpose of the protocol is to \a system of regular visits undertaken by independent international and national bodies to places where people are deprived of their liberty, in order to prevent torture and other cruel, inhuman or degrading treatment or punishment.\Each state ratifying the OPCAT, according to Article 17, is responsible for creating or maintaining at least one independent national preventive mechanism for torture prevention at the domestic level.[citation needed] Rome Statute of the International Criminal Court[edit]
The Rome Statute, which established the International Criminal Court (ICC), provides for criminal