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CHAPTER ONE INTRODUCTION 1.1. Background of the Study Torture is one of the worst scourges known to humankind. It is a problem in all regions of the world and affects all kinds of persons. Torture practiced since ancient time in Greece and Roman Empire on slaves and citizens, respectively, for their status and treason.
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Although with the Age of Enlightenment torture began to be perceived as infringing upon human dignity and was recognized as no longer a legalized deterrent or method of interrogation, its practice continued to be perpetrated.
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The practice of torture has existed through all periods of history and is not confined
to any single political system, regime, culture, religion or geographical location. Despite the prevalence, currently torture is considered as
hostis humani generis- an enemy of all mankind.
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The international communities have been taking different measures to eradicate and abolish the practice of torture as unacceptable practice. Both international human rights laws and international humanitarian laws prohibit acts of torture against individuals protected by the respective laws. The 1948 Universal Declaration of Human Rights was the first international legal text to establish that no one shall be subjected
to torture or to cruel, inhuman or degrading treatment or punishment
‟.
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Subsequently, the ban on torture has been codified in a number of international and regional human rights treaties, including the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR)
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, the 1966 International Covenant on Civil and Political Rights (ICCPR)
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, the 1969 American Convention on Human R. Malise,
Torture: The Grand Conspiracy (London Weidenfeld and Nicolson Press 1978) 28-38. P. Edward,
Torture: Expanded Edition (Philadelphia University of Pennsylvania Press 1996) 92-96. R. Lord, The Liability of Non-State Actors for Torture in Violation of International Humanitarian Law An Assessment of the Jurisprudence of the International Criminal Tribunal for the Former Yugoslavia (2003) 4 (1)
Melbourne Journal of International Law1, 3. The Universal Declaration of Human Rights (adopted 10 December 1948) UNG Res. 217 A (III) Hereinafter
UDHR) Art. 5. Convention for the Protection of Human Rights and Fundamental Freedoms, Nov. 4, 1950,
amended by Protocols Nos. 3, 5, 8, & 11 (which entered into force Sept. 21, 1970, Dec. 20, 1971, Jan. 1, 1990, and Nov.
1, 1998, respectively) (hereinafter ECHR) Art. 3. International Covenant on Civil and Political Rights (adopted in Dec. 1966, enter into force 1976) 999 U.N.T.S.
171 Hereinafter ICCPR) Art. 7 and 10.
