TITLE:
Interpretation of Article One of the Convention against Torture in Light of the Practice and Jurisprudence of International Bodies
AUTHORS:
Kidus Meskele
KEYWORDS:
Torture; Convention; Human Right; International Body
JOURNAL NAME:
Beijing Law Review,
Vol.5 No.1,
March
28,
2014
ABSTRACT: Torture
is one of the most brutal and horrendous human right violation, constituting
direct attack on the core of human dignity. Though a number of international legal
frameworks incorporate the right against torture, it is the convention against
torture which provides the most prominent definition of torture. So this paper
dedicated to explore the definition of torture in light of the practices and
jurisprudence of the international bodies. Accordingly, there are four
essential elements of the definition torture, which play a significant role in
qualifying an “act” or “conduct” as torture. Apart from this, the paper has
critically assessed the state obligation that flows from the definition
provision. It has also discussed that the definition of torture is in continual
process of evolution. In general, it is made clear that article one plays a
pivotal role in understanding the whole notion of the concept of torture, and
implicating the state obligation with regard to torture.