{"content":{"sharePage":{"page":0,"digests":[{"id":"41452751","dateCreated":"1313578852","smartDate":"Aug 17, 2011","userCreated":{"username":"yukanosue","url":"https:\/\/www.wikispaces.com\/user\/view\/yukanosue","imageUrl":"https:\/\/www.wikispaces.com\/i\/user_none_lg.jpg"},"monitored":false,"locked":false,"links":{"self":"https:\/\/ohchrglossary.wikispaces.com\/share\/view\/41452751"},"dateDigested":1532174620,"startDate":null,"sharedType":"discussion","title":"suggestion 2","description":"(1) By official - my understanding was that it is one of the elements, so I revised the first part of the condensed definion.
\n(2) Examples of act\/omission - I revised the second part of the condensed to make it clear that they are examples of possible act\/omission. It might be necessary to clarify that such acts per se do not constitute torture.
\n(3) jus cogens - I understand that torture has attained the status of jus cogens that its prohibition is applicable to all states regardless whether they are parties to a certain instrument. Should that need to be expressed somewhere?","replyPages":[{"page":0,"digests":[],"more":0}]},{"id":"41450585","dateCreated":"1313570108","smartDate":"Aug 17, 2011","userCreated":{"username":"Tsatsuk","url":"https:\/\/www.wikispaces.com\/user\/view\/Tsatsuk","imageUrl":"https:\/\/www.wikispaces.com\/i\/user_none_lg.jpg"},"monitored":false,"locked":false,"links":{"self":"https:\/\/ohchrglossary.wikispaces.com\/share\/view\/41450585"},"dateDigested":1532174620,"startDate":null,"sharedType":"discussion","title":"suggestions","description":"colleagues,
\nI have a couple of comments which speak to the features of torture. i think wemust stress its absolute and non derogable feature. we should also add that there is a positive obligation to investigate every act of torture.
\nSecondly, the was th condensed definition is phrased is difficult to follow. So, for instance, it is not self evident what is meant by"discriminating. It will be better to add someting to complete that. I have made som inital edits and will re-look at it again.Thanks","replyPages":[{"page":0,"digests":[{"id":"41450717","body":"On the section expanding the definition o Torture: I think we need to expand that to include the "elements of torture." There is no discussion of intent, specific purposes and involvement\/acquiescence of State\/public officials. I think as we have discussed pain nd suffering it is important we discuss these sub topics as well.
\nI also think that we may also want to make reference to Human Right Counsel resolution 16\/23 on torture. It is soft law and is applicable to all states including those not party to CAT.","dateCreated":"1313570627","smartDate":"Aug 17, 2011","userCreated":{"username":"Tsatsuk","url":"https:\/\/www.wikispaces.com\/user\/view\/Tsatsuk","imageUrl":"https:\/\/www.wikispaces.com\/i\/user_none_lg.jpg"}}],"more":0}]},{"id":"41333525","dateCreated":"1313068178","smartDate":"Aug 11, 2011","userCreated":{"username":"anna-batalla","url":"https:\/\/www.wikispaces.com\/user\/view\/anna-batalla","imageUrl":"https:\/\/www.wikispaces.com\/i\/user_none_lg.jpg"},"monitored":false,"locked":false,"links":{"self":"https:\/\/ohchrglossary.wikispaces.com\/share\/view\/41333525"},"dateDigested":1532174620,"startDate":null,"sharedType":"discussion","title":"Torture regulation","description":"Article 7 of the ICCPR is missing. It should not only be included under "CIDT" as it regulates both torture and CIDT.","replyPages":[{"page":0,"digests":[],"more":0}]},{"id":"40626619","dateCreated":"1309605040","smartDate":"Jul 2, 2011","userCreated":{"username":"martinbohnstedt","url":"https:\/\/www.wikispaces.com\/user\/view\/martinbohnstedt","imageUrl":"https:\/\/www.wikispaces.com\/i\/user_none_lg.jpg"},"monitored":false,"locked":false,"links":{"self":"https:\/\/ohchrglossary.wikispaces.com\/share\/view\/40626619"},"dateDigested":1532174620,"startDate":null,"sharedType":"discussion","title":"\"Purpose\" of torture, exception\/derogation reminder","description":"Can we go a tiny bit further beyond the (already generous) CAT definition that the purpose of torture may be as vague as \u201cany reason based on discrimination of any kind\u201d and point out that some say that torture for no particular reason or aim whatsoever is torture, too? This was a separate opinion in the \u201cGreek\u201d case. Eliminating any \u201cpurpose\u201d from the definition elegantly puts an end to all discussions that torture can be justified under certain circumstances. This would need to be harmonized with how we distinguish between torture and inhuman treatment. Incidentally, I disagree with the \u201cpurpose\u201d distinction (see footnote 7 in the inhuman treatment entry) and find the \u201cintensity\u201d distinction (Ireland vs. UK case) much more logical and convincing.
\n
\nI suggest to stress in a very prominent place (in the condensed definition?) that there is no exception, no derogation. That reminder seems sadly necessary in the post-9\/11 era.
\n
\nAdd to the \u201cpublic official\u201d element that superior orders are no excuse? Add to the same paragraph that states also have an obligation to investigate\/punish\/compensate (Estrella case).","replyPages":[{"page":0,"digests":[],"more":0}]},{"id":"39346550","dateCreated":"1305910224","smartDate":"May 20, 2011","userCreated":{"username":"XavierMena","url":"https:\/\/www.wikispaces.com\/user\/view\/XavierMena","imageUrl":"https:\/\/www.wikispaces.com\/i\/user_none_lg.jpg"},"monitored":false,"locked":false,"links":{"self":"https:\/\/ohchrglossary.wikispaces.com\/share\/view\/39346550"},"dateDigested":1532174620,"startDate":null,"sharedType":"discussion","title":"Torture OHCHR Colombia","description":"Torture is used in the context of the Colombian internal armed conflict by illegal armed groups (guerrillas). These groups continued to commit grave breaches such as murders of protected persons, torture and hostage-taking, which affected many civilians, including women, returnees, boys and girls, and ethnic groups.
\n
\nTorture is prohibited by international Human Rights conventions as well as International Humanitarian Law. Article 7 of the International Covenant on Civil and Political Rights; Article 5 of the American Convention on Human Rights; the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Inter-American Convention to Prevent and Punish Torture, are international conventions signed by Colombia, that condemn the practice of torture. Article 7.2, e) from the Rome Statute establishes that torture is a crime against humanity. Article 8. 2, ii) from the same Statue regards torture as a war crime.
\n
\nIt is considered that the crime of torture is committed by public servants or with a public servant\u2019s consent (see above). However, in the context of international humanitarian law, it is considered that the perpetrator of the crime of torture can also be a member of an illegal armed group.
\n
\nThe Office considering the critical human rights situation and breaches of international humanitarian law, has constantly shown its concern about the increase of torture and other cruel, inhuman or degrading treatments, including persons who have been executed after being tortured.","replyPages":[{"page":0,"digests":[{"id":"40626713","body":"State obligations to stop active or passive agreement to torture, and to protect, are already featured in the definition. To strengthen this argument I suggest to add case law to footnote 16 or 17. In Velasquez the IACHR ruled that a state is responsible if it fails to prevent or investigate torture by non-state actors.","dateCreated":"1309605683","smartDate":"Jul 2, 2011","userCreated":{"username":"martinbohnstedt","url":"https:\/\/www.wikispaces.com\/user\/view\/martinbohnstedt","imageUrl":"https:\/\/www.wikispaces.com\/i\/user_none_lg.jpg"}}],"more":0}]}],"more":false},"comments":[]},"http":{"code":200,"status":"OK"},"redirectUrl":null,"javascript":null,"notices":{"warning":[],"error":[],"info":[],"success":[]}}