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郭国汀律师专栏
·安哥拉和莫桑比克共产党政权的血腥暴力:共产党政权罪恶实录之六
·阿富汉共产党暴政罪大恶极:共产党极权暴政罪恶实录之七
·尼加拉瓜共产党政权的罪孽:共产党暴政罪恶实录之八
·秘鲁共产党的血腥残暴:共产党暴政罪恶实录之九
·虐杀成性的柬普寨共产党暴政:共产党暴政罪恶实录评论系列之十
·波兰共产党政权的罪孽:共产党暴政罪恶实录系列评论之十一
·苏联共产党暴政的滔天罪行:共产党暴政罪恶实录系列评论之十二
·中国共产党极权流氓暴政的滔天罪孽:共产党暴政罪恶实录系列评论之十三
·论共产党极权暴政的归宿-- 2010年全球支持中國和亞洲民主化斯特拉斯堡大會专稿
·金正日真面目
·韩战真相
***(25)《苏联东欧天鹅绒革命》郭国汀编译
·东欧天鹅绒革命导论
·苏联政治民主革命:共产党国极权暴政崩溃原因分析系列评论之一
·罗马尼亚暴力革命:共产党国极权暴政崩溃原因分析系列评论之二
·匈牙利静悄的革命:共产党国极权暴政崩溃原因分析之三
·捷克戏剧性革命:共产党国极权暴政崩溃原因分析之四
·东德和平革命:共产党国极权暴政崩溃原因分析之五
·波兰自我限制的革命:共产党极权暴政崩溃原因分析之六
·罗马尼亚35天革命成功真相
·社会转媒(国际互联网)对阿拉伯之春革命的巨大作用
·郭国汀:苏共政权垮台的根本原因
·阿拉伯之春埃及部分成功的革命
·阿拉伯之春:突尼斯成功的革命
·觉醒的人民粉碎专制体制:阿拉伯革命
·民主革命决非恐怖主义
·东欧各国追究共产党罪犯的罪责概况
·共产党专制暴政皆依赖秘密政治警察实行极权恐怖统治
·共产党极权暴政利用强制劳改劳教集中营野蛮残暴迫害人民
·共产党极权专制暴政实质上皆与人民为敌
·共产党极权专政暴政的大清洗
·共产党极权专制暴政皆利用强制劳改集中营野蛮迫害人民
·共产党极权专制暴政皆践踏法律司法暗无天日
·共产党极权专制暴政皆疯狂迫害宗教信仰者
***(26)《共产主义的历史》郭国汀编译
·序《共产主义的历史》
·共产主义的理论与实践批判
·列宁主义批判
·斯大林主义批判
·西方国家的共产主义
·第三世界的共产主义
·共产主义谬误的根源及其注定失败的原因
·共产党政权跨台的理论与实践根源
·马克思确认共产主义是“可怕的妖精”和“鬼魂”及“幽灵”
·共产主义注定败亡的十四项理由
·人类不平等的起源究竟是什么?
·郭国汀马克思主义批判
·宗教是毒药!宗教是引人堕落的意识世界吗?!
·马克思列宁毛泽东为何仇恨宗教?
·共产党政权为何仇恨宗教?
·共产党仇恨宗教的根源
·中共政权极度腐败的宗教根源
·共产党仇恨宗教的根源—与网友的讨论
***(27)《列宁不为人知的故事》郭国汀编译
·列宁不为人知的故事(1)
· 列宁不为人知的故事(2)
·列宁不为人知的故事(3)
·列宁不为人知的故事(4)
·列宁不为人知的故事(5)
·列宁不为人知的故事(6)
·列宁不为人知的故事(7)
·列宁不为人知的故事(8)
·列宁不为人知的故事(9)
·列宁不为人知的故事(10)
·列宁不为人知的故事(11)
·列宁不为人知的故事(12)
·列宁不为人知的故事(13)
·列宁不为人知的故事(14)
·列宁不为人知的故事(15)
·列宁不为人知的故事(16)
·列宁是天真无知与考茨基的远见卓识
·马克思私生子考评
***(28)《苏俄革命》郭国汀编译
· 列宁共产主义实践的恶果
·极权主义术语的由来
·苏俄十月革命真相
· 列宁首创一党专制体制
· 卖国求权的布列斯特和约
·革命的真实含义
·支撐沙皇的五大政治力量--俄國革命前夕的历史格局
·1917年俄国二月革命
·权欲知识分子与苏俄革命
***(29)《基督教与人类文明》郭国汀编译
·《基督教与文明》
·基督教是自由资本主义之母
·基督教与共产党暴政
·天主教皇与犹太人
·纳粹和法西斯极权主义与基督教及罗马教皇
·极权主义是基督教文化的产物吗?
·纳粹决非极左而是极右也非国家社会主义而是国家资本主义
·恐怖主义与反犹太主义
·纳粹极权兴亡简史
·进化论与基督教信仰
·西班牙宗教法庭
·中国基督教发展简史
·基督教与现代语言
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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.

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