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Hello, I am looking for someone to write an article on Can a torturer be tried anywhere in the world Discuss the concept of universal jurisdiction of the 1984 Convention against Torture and other Crue
Hello, I am looking for someone to write an article on Can a torturer be tried anywhere in the world Discuss the concept of universal jurisdiction of the 1984 Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment. It needs to be at least 2000 words. Article 1 of the CAT 1984 act contains requirements that the forbidden acts be inflicted to a person with the consent of a public official or any other person acting in an official competence1.
The CAT 1984 requires that signatories take appropriate measures aimed at ensuring that they end torture within the jurisdiction in their territories and to term all cases of torture as criminal cases. Unlike other international bodies and agreements prohibiting torture, CAT gives a general definition and description of the term torture2.
In the convention, it is clearly stated that each state party is entitled to take judicial and legislative measures aimed at preventing torture within the territories of the state party. The clause also states that no circumstance whether wars or internal political instabilities or any other emergency of political interest shall be cited as justification of torture. This means that a torturer is subjected to trial and must be prosecuted if found guilty of torture irrespective of the state party he or she is residing at that particular period3.
It is enshrined in the constitution under 3 that no party can eject a victim of torture to another country/state, instead, cases of torture must be dealt with at the state party where the victim was faced with the case. For instance, it means that law to allow the Germany government, if they chose to. prosecute a U.S official for torture crimes committed in Iraq.
The definition of word torture, which emerged in the Torture Declaration, was not considered as precise and was largely criticized by Mach lawyers, researchers and scholars on various points. Various discussions resulted in a more precise and elaborate though more complex. This definition appears in the Torture Convention, article 1, paragraph 1.
