Current debates, developments and challenges regarding torture, enforced disappearances and human rights

نویسندگان

چکیده

There are, thus, three essential distinguishing features: intentionality, purpose and severity of suffering. Torture can be broadly defined as the intentional infliction severe pain or suffering, by agents State, for a specific purpose, such extraction information, confession, intimidation punishment discrimination[1]. Other relevant elements not provided in legal definition include suppression will victim, powerlessness moral injury suffered, attack on dignity an human value. Similarly, enforced disappearance (ED) is, also defined, deprivation liberty State followed refusal to acknowledge fate whereabouts detainee, this putting person outside protection law[2].
 
 ED is composite rights violation that involves two kinds victims: first, direct who suffered violence abduction, anguish being held defenceless unknown place who, most cases, physical psychological torture, and, other hand, relatives disappeared[3]. The level suffering inflicted family members has been repeatedly considered medical community sufficient meet threshold torture (Citroni, 2017; Hollander, 2016; Kordon, D., Edelman, L., Lagos, & Kersner, 1998; Pérez-Sales, 2000; Robins, 2010; Shaery-Yazdi, 2020; Smid et al., Zarrugh, 2018).
 are strong arguments consider form torture. Indeed, EDs always imply, towards disappeared, powerlessness, absolute attacks dignity. At same time, some these may more complex prove case relatives. One should recall, example, German High Command, while implementing sadly famous Night Fog Decree, which instituted program enforcedly disappear victims occupied territories during World War II, expressly indicated "[e]fficient enduring only achieved either capital measures criminal population do know criminal. This aim when transferred Germany" (Finucane, 2010).
 paper explores links (see Nowack, 2012) puts forward proposals challenges future.
 [1] In accordance with Convention against Cruel, Inhuman Degrading Treatment Punishment, “the term "torture" means any act whether mental, intentionally purposes obtaining from him third information punishing he committed suspected having committed, intimidating coercing person, reason based discrimination kind, at instigation consent acquiescence public official acting capacity. It does arising from, inherent incidental lawful sanctions” (article 1.1).
 [2] Enforced disappearances arrest, detention, abduction persons groups authorization, support concealment disappeared law”. See International Protection All Persons Disappearance, article 2.
 [3]Indeed, Convention, provides ’victim’ individual harm result disappearance”. sense, often there (a) including right due process, liberty, security integrity searched, reparation, etc. (b) truth justice, psycho-social assistance forms

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ژورنال

عنوان ژورنال: Torture

سال: 2021

ISSN: ['1018-8185', '1997-3322']

DOI: https://doi.org/10.7146/torture.v31i2.128890