Statutes of the International Tribunal for Investigation of Torture.

نویسنده

  • O Espersen
چکیده

The tribunal was set up to deal with acts of torture for which members of the medical or legal profession are alleged to be responsible. The tribunal is independent, international and permanent. It consists of five to nine members, a majority of whom must be doctors. A member who is a national of the country which is alleged to be responsible for the acts of torture shall step down from his/her seat. The tribunal may, by unanimous vote, appoint an ad hoc substitute member. The tribunal, which may act ex officio or, if it so decides, upon request, assembles when a majority of its members or its president so decides. It is assisted by an executive officer, who may be authorised to solicit information including information from alleged violators of the prohibition against torture. The tribunal bases its investigations and findings upon relevant conventions, recommendations, codes of ethics etc, as well as upon customary international law. It is the duty of the tribunal to ensure the most objective medical documentation, including relevant forensic documentation and/or testimony. It makes sure that the investigations and the hearings into allegations of torture, which shall be public, meet the standards of fair trial according to internationally recognised rules. The tribunal decides upon its own responsibility, and according to generally accepted standards for fair trials, on which material to base its findings. It may hear witnesses who appear either before the tribunal or, in special cases, in camera, where the witness(es) cannot appear before the full tribunal. The person against whom the investigations are made shall be accorded the opportunity to appear and to defend him/her self. If he/she refuses or is prevented from appearing, counsel will be appointed to look after his/her interests. The findings and the conclusions of such investigations are made public and are forwarded to the relevant authorities, professional associations etc, which the tribunal deems proper. The tribunal works out its own rules of procedure. The tribunal is strictly independent and therefore its financing may in no way represent any risk to that independence (for example, government funding cannot be accepted).

برای دانلود متن کامل این مقاله و بیش از 32 میلیون مقاله دیگر ابتدا ثبت نام کنید

ثبت نام

اگر عضو سایت هستید لطفا وارد حساب کاربری خود شوید

منابع مشابه

Torture and the medical profession: a review.

Current knowledge about doctor participation in torture was reviewed at the symposium Torture and the Medical Profession. This particular topic has received increasing attention during the last few years, and the meeting may be seen as one in a series, following particularly Doctors, Ethics, and Torture in Copenhagen, 1986 and Physicians, Ethics, and Torture in Montevideo 1987 (1,2). The backgr...

متن کامل

Elusive retributive justice in post-Khmer Rouge Cambodia: Challenges of using ECCC Victim Information Forms as a victim participatory rights mechanism.

This paper focuses on the procedural challenges of using the Victim Information Forms (VIFs) to analyze survivors' experiences with the Extraordinary Chambers in the Courts of Cambodia (ECCC), commonly known as the Khmer Rouge Tribunal. The paper takes a systematic public/medical sociology approach to examining the VIF as a participatory rights mechanism for victims wishing to pursue justice fo...

متن کامل

مسئولیت بین المللی دولت ها در قبال اخراج بیگانگان با تأکید بر رویه ی دیوان داوری دعاوی ایران- ایالات متحده

International law allocates large discretion for States on the issue of permission to enter and deportation of aliens. States enjoy almost absolute discretion for the entry of foreigners. But once they are on their territory, international law expects the territorial State to observe certain rules vis-à-vis the alien. The present Article deals with the latter aspect of the rules of state resp...

متن کامل

Substantive trial in The Administrative Justice Tribunal

In the new regulations of Administrative Justice Tribunal, substantive proceedings were also brought in the proceedings, which are the innovations of the Code of the Organization and the Rules of Procedure of the Administrative Justice Tribunal. The new lawmaking approach in the new law is the possibility of the complete administrative litigation in Administrative Justice Tribunal, which requir...

متن کامل

Status of Rocks in the Law of the Sea with Relying on the South China Sea Arbitration Award

Abstract Islands and rocks are entitled different maritime zones in international law of the sea. Article 121(3) allocated to rocks has articulated briefly and without indicating any definitions or characters of this feature. Paragraph 3 provided two conditions for rocks in order to create exclusive economic zone and continental shelf zone. The South China Sea tribunal has interpreted this pa...

متن کامل

ذخیره در منابع من


  با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید

برای دانلود متن کامل این مقاله و بیش از 32 میلیون مقاله دیگر ابتدا ثبت نام کنید

ثبت نام

اگر عضو سایت هستید لطفا وارد حساب کاربری خود شوید

عنوان ژورنال:
  • Journal of medical ethics

دوره 17 Suppl  شماره 

صفحات  -

تاریخ انتشار 1991