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res States parties to take steps to en- to ensure that national laws re- ViewDetails.aspx?src=IND&mtdsg_
no=IV-9&chapter=4&clang=_en .
sure that all law enforcement per- garding torture and ill-treat- 2. The Standard Minimum Rules for the
sonnel, medical personnel, public ment are respected in practice. Treatment of Prisoners, originally adop-
offi cials and others involved in the The different actors involved in im- ted by the First UN Congress on the Pre-
deprivation of liberty receive educa- plementing the legal framework, vention of Crime and the Treatment of
Offenders in 1955, revised and updated
tion and information on the prohi- and in particular those who opera- in 2015 when they where also named
bition and prevention of torture. te within the criminal justice system “the Nelson Mandela Rules”, constitute
the universally acknowledged minimum
What is more, to discourage the re- (such as law enforcement offi cials, standards for the management of prison
course to torture, article 15 of the judges and detaining authorities), facilities and the treatment of prisoners,
Convention entails that “any state- will require proper training – both and have been of tremendous value and
infl uence in the development of prison
ment which is established to have initial and ongoing – regarding the laws, policies and practices in Member
been made as a result of torture normative framework and the de- States all over the world.
shall not be invoked as evidence in velopment of operational practices 3. https://www.ohchr.org/EN/Professiona-
lInterest/Pages/DeclarationTorture.aspx.
any proceedings, except against a that respect these norms. Proce- 4. Jus cogens (or ius cogens) is a latin
person accused of torture as eviden- dural safeguards should be put in phrase that literally means “compelling
law.” It designates norms from which
ce that the statement was made”. place and operate as intended, in no derogation is permitted by way of
particular for persons deprived of particular agreements. It stems from the
In conclusion, once clarifi ed the their liberty. This could include en- idea already known in Roman law that
certain legal rules cannot be contracted
essential elements of torture and suring that all registers in places of out, given the fundamental values they
cruel, inhuman or degrading tre- detention are properly maintained uphold. Jus cogens is now referred to
atments or punishments, in order and that there is a regular review in several legal instruments within and
beyond the law of treaties. The 1969
to implement at State level their of police codes of conducts. Alle- and 1986 Vienna Conventions on the
absolute prohibition, it is manda- gations of torture must be prompt- Law of Treaties stipulate that a treaty is
void if it confl icts with jus cogens (Art. 53
tory the development of a national ly, impartially and effectively inve- and 64).
strategy. It is required an integra- stigated, even in the absence of a 5. To read more see: “Defusing the Ti-
ted approach composed of three formal complaint. Any breach of cking Bomb Scenario: Why we must say
No to torture, always”- The Association
interrelated elements: a legal fra- the law must be appropriately san- for the Prevention of Torture 2007.
mework that prohibits torture, ef- ctioned. Lastly, victims of torture 6. See the Basic Principles and Guidelines
fective implementation of this le- and ill-treatment should be provi- on the Right to a Remedy and Reparation
for Victims of Gross Violations of Inter-
gal framework, a mechanisms to ded with full and effective repara- national Human Rights Law and Serious
monitor it and its implementation. tion, including restitution, compen- Violations of International Humanita-
Undeniably, a strong legal fra- sation, rehabilitation, satisfaction rian Law (General Assembly resolution
60/147 of 16 December 2005).
mework to prohibit torture is a and a guarantee of non-repetition .
6
critical component of any tortu- When this does not occur, a cul-
re prevention strategy. The legal ture of impunity develops whi-
framework should refl ect relevant ch can undermine both the force
international human rights stan- of the law and its implementa-
dards and include specifi c pro- tion thus determining, on the long
visions to prohibit and prevent term, the failure of any capaci-
torture. However, the mere exi- ty building aim and stabilization
stence of laws and regulations is purpose of the peace mission.
not suffi cient to prevent torture,
they also need to be properly un- PICTURES:
derstood and rigorously applied http://mulerasfi replace.com/3486-2/
and must be complemented by httpshumanrightscommission.house.gov
other approaches to effectively ad-
dress the root causes of torture.
Effective implementation re- 1. Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment
quires practical measures to or Punishment New York, 10 December Lt. Col. Marco Sutto
be taken on a range of levels 1984 - https://treaties.un.org/Pages/ CoESPU IHR/IHRLChair

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