TERRORISM: COMMENTARY ON SECURITY DOCUMENTS VOLUME 130 Detention Under International Law: Safeguards Against Torture and Other Abuses

by Lovelace, Douglas; Boon, Kristen

• ISBN13: 9780199978533
• ISBN10: 0199978530
• Format: Hardcover
• Copyright: 2013-04-26
• Publisher: Oxford University Press

Summary

Terrorism: Commentary on Security Documents is a series that provides primary source documents and expert commentary on various topics in the worldwide effort to combat terrorism. Among the documents collected are transcripts of Congressional testimony, reports by such federal government bodies as the Congressional Research Service (CRS) and the Government Accountability Office (GAO), United Nations Security Council resolutions, reports and investigations by the United Nations Secretary-General and other dedicated UN bodies, and case law from the U.S. and around the globe covering issues related to terrorism. Most volumes carry a single theme, and inside each volume the documents appear within topic-based categories. The series also includes a subject index and other indices that guide the user through this complex area of the law.

Volume 130, Detention Under International Law: Safeguards Against Torture and Other Abuses, is the third in a three-volume arc on detention under international law. This volume provides an overview of the major documents and human rights judgments that address the treatment of the lawfully detained in times of peace and war. Professor Kristen Boon offers commentary on treaties, declarations, reports, and decisions from multinational and regional bodies and human rights courts that discuss the mistreatment of prisoners and enforced disappearances. This volume addresses the need to eradicate the abuse of alleged criminals in detention, including suspected terrorists, and the continued role of the United Nations, regional human rights systems, and local laws to define and eliminate these practices already prohibited by international law.

Table of Contents

VOLUME 130

DETENTION UNDER INTERNATIONAL LAW:
SAFEGUARDS AGAINST TORTURE AND OTHER ABUSES

Introduction and Commentary by Kristen Boon

A. GENERAL PRINCIPLES

DOCUMENT NO. 1: Standard Minimum Rules for the Treatment of Prisoners, Aug. 15, 1955

DOCUMENT NO. 2: The Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, December 9, 1988

B. TORTURE

DOCUMENT NO. 3: Gäfgen v. Germany, 22978/05, Grand Chamber, European Court of Human Rights, June 1, 2010

DOCUMENT NO. 4: United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, December 10, 1984

DOCUMENT NO. 5: Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, December 9, 1975

DOCUMENT NO. 6: Inter-American Convention to Prevent and Punish Torture, December 9, 1985

DOCUMENT NO. 7: Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa ("Robben Island Guidelines"), African Commission, October 2002

DOCUMENT NO. 8: CPT Standards, European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, 2006

DOCUMENT NO. 9: Human Rights Committee, General Comment No. 20: Replaces General Comment 7 concerning prohibition of torture and cruel treatment or punishment (Article 7), October 3, 1992

DOCUMENT NO. 10: Human Rights Committee, General Comment No. 31: Nature of the General Legal Obligation Imposed on States Parties to the Covenant, March 29, 2004

DOCUMENT NO. 11: Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas, Inter-American Commission on Human Rights, Organization of American States, March 13, 2008

DOCUMENT NO. 12: United Nations Minimum Rules for the Administration of Juvenile Justice ("Beijing Rules"), November 29, 1985

DOCUMENT NO. 13: United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders ("Bangkok Rules"), October 15, 2010

DOCUMENT NO. 14: Optional Protocol to the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, December 18, 2002

DOCUMENT NO. 15: Fourth Annual Report of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, February 3, 2011

DOCUMENT NO. 16: Report of the Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, August 30, 2005

DOCUMENT NO. 17: Report of the Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Juan E. Méndez, Human Rights Council, February 3, 2011

DOCUMENT NO. 18: Report of the Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Juan E. Méndez, Human Rights Council, January 18, 2012

DOCUMENT NO. 19: Istratii v. Moldova, 8721/05, 8705/05, and 8742/05, European Court of Human Rights, June 27, 2007

DOCUMENT NO. 20: Chahal v. The United Kingdom, 70/1995/576/662, European Court of Human Rights, November 11, 1996

C. ENFORCED DISAPPEARANCES

DOCUMENT NO. 21: International Convention for the Protection of All Persons from Enforced Disappearance, December 20, 2006

DOCUMENT NO. 22: Declaration on the Protection of All Persons from Enforced Disappearance, December 18, 1992

DOCUMENT NO. 23: Human Rights Council Resolution 16/16: Enforced or Involuntary Disappearances, April 12, 2011

DOCUMENT NO. 24: Kurt v. Turkey, 24276/94, European Court of Human Rights, May 25, 1998

DOCUMENT NO. 25: Bazorkina v. Russia, 69481/01, European Court of Human Rights, November 12, 2006

DOCUMENT NO. 26: Velásquez Rodríguez Case, 7920, Inter-American Court of Human Rights, July 29, 1988

DOCUMENT NO. 27: Mojica v. Dominican Republic, 449/1991, United Nations Human Rights Committee, August 10, 1994

DOCUMENT NO. 28: Bámaca Velásquez v. Guatemala, Inter-American Court of Human Rights, November 25, 2000