大家
[发表评论] [查看此文评论]    郭国汀律师专栏
[主页]->[大家]->[郭国汀律师专栏]->[美洲防止酷刑和处罚酷刑责任人的公约]
郭国汀律师专栏
·文革教训原因考
·开放党禁与多党联合政治——回顾三大改造、三面红旗、反右、文革史有感
·论质、量互变关系
·学习与开放
·无产阶级领袖有感
·无产阶级领袖的重大作用
·勇敢地参政议政吧!中国律师们!
·郭国汀:从 “中国律师人”说开去
·中國律師朋友們幸福不會從天降
·律師的文學功底
·郭國汀:中國涉外案件沒有一起獲得執行
·南郭:堂堂正正做個真正的中國人!
·郭国汀:愿王洪民先生在天之灵安息.
·南郭:令郭國汀律師老淚縱橫的真情
·郭国汀:民族败类!你是否中国人?
·郭國汀:令我熱淚橫流的小詩
·郭国汀:专制流氓暴政本质的再暴露
·郭國汀:強烈譴責中共惡意迫害自由戰士楊天水 許萬平
·今天我絕食——英雄多多益善!
·一个中国人权律师的真实故事
·郭国汀:全球接力绝食抗暴运动的伟大意义
·郭国汀:闻律师英雄高智晟再遇车祸有感
·只有思想言论信仰结社出版新闻舆论的真正自由能够救中国!
· 南郭:自由万岁!新年好!
·志当存高远-我的理想与追求
·我的知识结构与思想
·人生 道德 灵魂/南郭
·男子汉的眼泪/郭国汀
·相信生命—郭國汀律師印象
·南郭点评
·Racism is the biggest enemy of Justice and equality
·The Essence Distinguish Between Marx and Lenin on the Dictatorship of
·Race Politic as the Enemy of Justice and Equality
·The Great Leap Famine: Natural Disaster or Political disaster or Murde
·Homosexuality: a legal or moral problem?
·1958-1962年中国历史上最具毁灭性的大灾难
·马恩列无产阶级专政研究手稿/郭国汀
·郭国汀:穷大律师与亿万富翁
·政治体制改革的实质与根本要件/郭国汀編译手稿
·台湾自由宪政民主之路/郭国汀编译
·Terrorism and state terrorism studying
·The Truth of Chinese Economic development studying by Thomas Guoting G
·Comparing Analysis of Marx and Lenin’s Theory on the Dictatorship of
·China overtake the USA becoming an economic superpower??? by Thomas G
·人性论:人性本恶或人性本善? 郭国汀
·《诗经》英译(精选)/郭国汀編译
·Running build up a sound man
·An top important massage sent by the Holy Spirit
·My special experience help me build up my faith to the God
·I saw five ghosts when I was eighteen
·My adventure in this wonderful world
·My cross road as the first Chinese human rights lawyers who has lost h
·Does Xi in nature(evil) is same as Hu?
·Art, painting, and Civilization by Thomas G Guo
·A great teacher on our time ?
·What kind of characteristic I have ?
·郭国汀律师业绩简介
·Guo's fighting for freedom and Justice will certify that "Freedom is n
·What Human rights lawyer Thomas G Guo had done and why he received suc
·中共在抗战期通日敌打国军卖国史实考证/郭国汀
·I always tears stopless without crying, am I still a genuine man???
·My sixty year struggle for freedom and justice
·My appreciation to all professors in the Uvic and friends in the world
·Is Thomas Guoting Guo really a great teacher on our time ?
·My sixty years struggle for freedom and justice II
·孙文和蒋介石与苏俄党国体制的原则性区别
·Probably the Last idealist of Chinese lawyer?
·What looks like Mr. Thomas G Guo in my eyes
·a virtues, righteous, wisdom, and courage,and distinguished lawyer
·郭国汀律师:法轮圣徒瞿延来为何令南郭敬重?
·专访郭国汀律师(下) :回首不言悔
·郭国汀律师:何谓真正的中国人权律师?
·My sixty years struggle for freedom and justice III
·思想、言论、出版、舆论、新闻的真正自由
·民族败类!你是否中国人?
·思想言论自由的理由
·思想言论出版新闻自由的价值
·律师的文学功底
·最高法院的院长们为何对郭国汀极为反感?
·反了你! 竟敢不尊敬我大法官!
·Critical analysis on the Chinese Communist Party’s Regime by Thomas
·马克思研究手稿/郭国汀
·大师大哲论勇气 /郭国汀译
·任何欲与郭律师公开辩论者敬请公示真名实姓
·天才的古代中国/郭国汀編译手稿
·The Great Proletarian Cultural Revolution studying by Thomas Guoting G
·关于内因与外因关系的争论
·Canadian Indigenous people’s right of self-determination and sovereig
·世界思想大哲论暴政----反抗专制暴政是天赋人权
·My forty years struggle for freedom and justice IV
·Human rights lawyer Pu Zhiqiang
·A holy man or a moral man?
·He is a genuine hero and the hope of China!
·The first Chinese human rights lawyer was killed by the CCP regime
·you are not only a upright man, but also a heroic brave fighter!
·I will never give up my life duty and mission!
·Injustice as the root of terrorism: Social political and economic fact
·Why we much anti-communist party of China regime?
·My Forty years struggle for Freedom and Justice V
·Why we must anti-communist party of China regime?
·Does Judicial Activism damaged the Democracy in Canada?
[列出本栏目所有内容]
欢迎在此做广告
美洲防止酷刑和处罚酷刑责任人的公约


   
   
   美洲防止酷刑和处罚酷刑责任人的公约

   INTER AMERICAN CONVENTION TO PREVENT AND PUNISH TORTURE
   The American States signatory to the present Convention,
   Aware of the provision of the American Convention on Human Rights that no one shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment;
   Reaffirming that all acts of torture or any other cruel, inhuman, or degrading treatment or punishment constitute an offense against human dignity and a denial of the principles set forth in the Charter of the Organization of American States and in the Charter of the United Nations and are violations of the fundamental human rights and freedoms proclaimed in the American Declaration of the Rights and Duties of Man and the Universal Declaration of Human Rights;
   Noting that, in order for the pertinent rules contained in the aforementioned global and regional instruments to take effect, it is necessary to draft an Inter-American Convention that prevents and punishes torture;
   Reaffirming their purpose of consolidating in this hemisphere the conditions that make for recognition of and respect for the inherent dignity of man, and ensure the full exercise of his fundamental rights and freedoms,
   Have agreed upon the following:
   Article 1
   The State Parties undertake to prevent and punish torture in accordance with the terms of this Convention.
   Article 2
   For the purposes of this Convention, torture shall be understood to be any act intentionally performed whereby physical or mental pain or suffering is inflicted on a person for purposes of criminal investigation, as a means of intimidation, as personal punishment, as a preventive measure, as a penalty, or for any other purpose. Torture shall also be understood to be the use of methods upon a person intended to obliterate the personality of the victim or to diminish his physical or mental capacities, even if they do not cause physical pain or mental anguish.
   The concept of torture shall not include physical or mental pain or suffering that is inherent in or solely the consequence of lawful measures, provided that they do not include the performance of the acts or use of the methods referred to in this article.
   Article 3
   The following shall be held guilty of the crime of torture:
   a. A public servant or employee who acting in that capacity orders, instigates or induces the use of torture, or who directly commits it or who, being able to prevent it, fails to do so.
   b. A person who at the instigation of a public servant or employee mentioned in subparagraph (a) orders, instigates or induces the use of torture, directly commits it or is an accomplice thereto.
   Article 4
   The fact of having acted under orders of a superior shall not provide exemption from the corresponding criminal liability.
   Article 5
   The existence of circumstances such as a state of war, threat of war, state of siege or of emergency, domestic disturbance or strife, suspension of constitutional guarantees, domestic political instability, or other public emergencies or disasters shall not be invoked or admitted as justification for the crime of torture.
   Neither the dangerous character of the detainee or prisoner, nor the lack of security of the prison establishment or penitentiary shall justify torture.
   Article 6
   In accordance with the terms of Article 1, the States Parties shall take effective measures to prevent and punish torture within their jurisdiction.
   The States Parties shall ensure that all acts of torture and attempts to commit torture are offenses under their criminal law and shall make such acts punishable by severe penalties that take into account their serious nature.
   The States Parties likewise shall take effective measures to prevent and punish other cruel, inhuman, or degrading treatment or punishment within their jurisdiction.
   Article 7
   The States Parties shall take measures so that, in the training of police officers and other public officials responsible for the custody of persons temporarily or definitively deprived of their freedom, special emphasis shall be put on the prohibition of the use of torture in interrogation, detention, or arrest.
   The States Parties likewise shall take similar measures to prevent other cruel, inhuman, or degrading treatment or punishment.
   Article 8
   The States Parties shall guarantee that any person making an accusation of having been subjected to torture within their jurisdiction shall have the right to an impartial examination of his case.
   Likewise, if there is an accusation or well-grounded reason to believe that an act of torture has been committed within their jurisdiction, the States Parties shall guarantee that their respective authorities will proceed properly and immediately to conduct an investigation into the case and to initiate, whenever appropriate, the corresponding criminal process.
   After all the domestic legal procedures of the respective State and the corresponding appeals have been exhausted, the case may be submitted to the international fora whose competence has been recognized by that State.
   Article 9
   The States Parties undertake to incorporate into their national laws regulations guaranteeing suitable compensation for victims of torture.
   None of the provisions of this article shall affect the right to receive compensation that the victim or other persons may have by virtue of existing national legislation.
   Article 10
   No statement that is verified as having been obtained through torture shall be admissible as evidence in a legal proceeding, except in a legal action taken against a person or persons accused of having elicited it through acts of torture, and only as evidence that the accused obtained such statement by such means.
   Article 11
   The States Parties shall take the necessary steps to extradite anyone accused of having committed the crime of torture or sentenced for commission of that crime, in accordance with their respective national laws on extradition and their international commitments on this matter.
   Article 12
   Every State Party shall take the necessary measures to establish its jurisdiction over the crime described in this Convention in the following cases:
   a. When torture has been committed within its jurisdiction;
   b. When the alleged criminal is a national of that State; or
   c. When the victim is a national of that State and it so deems appropriate.
   Every State Party shall also take the necessary measures to establish its jurisdiction over the crime described in this Convention when the alleged criminal is within the area under its jurisdiction and it is not appropriate to extradite him in accordance with Article 11.
   This Convention does not exclude criminal jurisdiction exercised in accordance with domestic law.
   Article 13
   The crime referred to in Article 2 shall be deemed to be included among the extraditable crimes in every extradition treaty entered into between States Parties. The States Parties undertake to include the crime of torture as an extraditable offence in every extradition treaty to be concluded between them.
   Every State Party that makes extradition conditional on the existence of a treaty may, if it receives a request for extradition from another State Party with which it has no extradition treaty, consider this Convention as the legal basis for extradition in respect of the crime of torture. Extradition shall be subject to the other conditions that may be required by the law of the requested State.
   States Parties which do not make extradition conditional on the existence of a treaty shall recognize such crimes as extraditable offences between themselves, subject to the conditions required by the law of the requested State.
   Extradition shall not be granted nor shall the person sought be returned when there are grounds to believe that his life is in danger, that he will be subjected to torture or to cruel, inhuman or degrading treatment, or that he will be tried by special or ad hoc courts in the requesting State.
   Article 14
   When a State Party does not grant the extradition, the case shall be submitted to its competent authorities as if the crime had been committed within its jurisdiction, for the purposes of investigation, and when appropriate, for criminal action, in accordance with its national law. Any decision adopted by these authorities shall be communicated to the State that has requested the extradition.

[下一页]

©Boxun News Network All Rights Reserved.
所有栏目和文章由作者或专栏管理员整理制作,均不代表博讯立场