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From the maintenance of the rights of torture under international anti-terrorism situation

Author: TianChunMing
Tutor: YueLiLing
School: China University of Political Science
Course: Legal Theory
Keywords: Torture Mental torture Counter-terrorism Protection of human rights Suspected of terrorist activity
CLC: D997.9
Type: Master's thesis
Year: 2008
Downloads: 257
Quote: 0
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Abstract


Torture is torture by personality, dignity and a serious violation of human rights, the concept of human morality, subversion. Torture on behalf of human rights the core values ??of the most direct attack, so it should be strongly condemned by the international community. The implementation of torture is a serious crime of human behavior, which the international community has already reached a consensus. Therefore, freedom from torture and right in a unique position in the field of international human rights law, and in any case are non-derogable and inalienable, no country under any pretext, contrary to the international obligations. In many international and regional human rights-related documents, the right almost without exception, is expressly defined as the absolute nature of one of the basic human rights to be guaranteed. Today, with the international community against the activities of terrorist activities carried out, some people began to question the rational legitimacy against torture, that the treatment may endanger the national security, the stability of human society suspected of terrorist activity are not required to take account of human rights, anti-terrorist countries are openly its application to all sorts of torture and abuse, awareness of human rights is under these stately grounds gradually been destroyed, which led to the prospect of anti-torture and an even more severe. This human rights perspective, combined with the international campaign against terrorism to ascertain the maintenance of freedom from torture and right. The article is divided into five sections: Introduction part of this research background, purpose, significance, and methods described on the hazards of torture, from the necessity of the existence of torture rights and other issues. The first chapter focuses on the connotation and characteristics of the torture, freedom from torture and the rights of international literature based, legal status, aims resolutely resist the excessive use of torture, the theoretical discussion from the perspective of freedom from torture and the rights of theoretical understanding. Chapter 2 introduces the meaning of terrorist activities, then discusses the necessity and significance of the freedom from torture and the right to insist on counter-terrorism activities, the legal basis and has targeted the controversial theory in the blind spot in the anti-torture analysis . The third chapter is a departure from the reality of the international counter-terrorism activities, with detailed, factual material to demonstrate some of the countries fighting terrorism in the name of the performance of the excessive use of torture, combined with a typical case of the European Court of Human Rights confirms, drawing. In addition, it highlighted a new trend of today's anti-terrorism countries suspected of terrorist activity during the trial - the application of mental torture, which is deeper on human rights violations of hidden, but the destruction of humanity, the most far-reaching harm serious, and therefore need to be the legal aspects of exploration and concerns, and to be timely and effective containment. Against torture is gradually flooding the grim trend, from the point of view of the legislative, judicial, administrative targeted presented the recommendations of the relevant improvements. Conclusion on the basis of the above three chapters, this article summarizes once again reiterated the need for freedom from torture and the right to adhere to international counter-terrorism activities and the importance of, and today the urgent improvements in the process of anti-torture recommendations.

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