Mechanism of Prevention of Torture and Unjust, Non-human and Humiliating Punishments or Behaviors in the Protocol of 2002 A.D.

Author

beheshti

Abstract

Eighteen years after the convention of torture prohibition, international society has decided to annex a protocol to the convention to prevent the crime of torture with a new approach. Although prevention was formerly based on the personality of the offender, it is now based on the personality of the victim and punishment is replaced by control an initiation. The ratified protocol
committee of prevention of crime’’. The other is establishment of institutions by the member governments. These measurements show that merely the existence of the committee for prevention of torture based on New York contract in 1984 is not enough and the international society has decided to stop this crime as far as possible. Since it may be regarded in some cases as a crime against humanity or a war crime, its prevention should be placed among the commanding rules of international law and its commission brings international criminal liability for the offender, disregarding his rank or position. In another word, his political or social position does not cause him to be discharged.

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