 | Stefanie M. Bausch - 2007 - 93 pagini
...with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only...from, inherent in or incidental to lawful sanctions." Under the provision, there need to be several requirements to establish torture: First, there must... | |
 | Mirko Bagaric, Julie Clarke - 2007 - 130 pagini
...with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in, or incidental to lawful sanctions.1 Torture is prohibited by a number of international documents.2 It is also considered to... | |
 | Ann E. Kent, East-West Center - 2007 - 372 pagini
...with the consent or acquiescence of a public off1cial or other person acting in an off1cial capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.1 3 " Article 19 of the Convention obliges each state party to submit to the Committee both... | |
 | Alan M. Pearson, Marie Isabelle Chevrier, Mark Wheelis - 2007 - 346 pagini
...with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.65 Article 16 then provides that "[e]ach State Party shall undertake to prevent in any territory... | |
 | Scott Leckie - 2007 - 25 pagini
...mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions; (f) "Forced pregnancy" means the unlawful confinement of a woman forcibly made pregnant, with the intent... | |
 | Françoise Bouchet-Saulnier - 2007 - 586 pagini
...remedy and sanction helps to prove that official authorities tacitly agree with such practices. Torture does not include pain or suffering arising only from, inherent in, or incidental to lawful and judicial sanctions against a person that a tribunal — constituted according to the rule of law... | |
 | William A. Schabas, William Schabas - 2007 - 566 pagini
...mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions; (f) 'Forced pregnancy' means the unlawful confinement of a woman forcibly made pregnant, with the intent... | |
 | Larry May - 2007 - 11 pagini
...acceptable. This is because torture is implicitly denned, as it was in the Torture Convention, "not to include pain or suffering arising only from, inherent in or incidental to lawful sanctions."20 If we think of torture as an investigative tactic for securing information, rather than... | |
 | Geir Ulfstein - 2007 - 36 pagini
...this Convention. A clear weakness of this definition is the 'legal sanction' clause, which excludes 'pain or suffering arising only from, inherent in or incidental to lawful sanctions'. States parties to the Convention are obliged to take effective legislative, administrative, judicial... | |
 | Robert Cryer, Håkan Friman, Darryl Robinson, Elizabeth Wilmshurst - 2007 - 456 pagini
...be noted that most definitions of torture, including the CAT and the ICC Statute, expressly exclude 'pain or suffering arising only from, inherent in or incidental to, lawful sanctions'. 'Lawful' in this context would appear to mean lawful in accordance with national law, provided however... | |
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... of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official... 
