Preventing Torture: A Study of the European Convention for the Prevention of Torture and Inhuman or…

Hardcover | October 1, 1998

byMalcolm D. Evans, Rod Morgan

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In the 19th century the prohibition of judicial torture was celebrated as a triumph of civilisation. But in the aftermath of the 2nd World War it was necessary for the International community to re-emphasise, in the Universal Declaration of Human Rights, its abhorrence of torture: theproscription of torture became part of international customary law. But torture by agents of contemporary states persists, not least in the heart of Europe where reliance on the use of custody is growing once again. This pathbreaking documentary and empirical study - of a kind rarely undertaken inthe field of international human rights law - considers in detail the work of the latest actor on the international stage attempting to prevent torture. The European Committee for the Prevention of Torture and Inhuman and Degrading Treatment or Punishment (the CPT), established in 1989, represents anew phase in international human rights intervention. The Council of Europe member states have given a Strasbourg-based Committee of experts an almost unfettered hand to examine their places of custody and report on what they find. The authors, an international lawyer and a criminologist, bringtheir different analytical perspectives to bear on this innovative human rights mechanism. The authors consider the nature of torture in the late 20th century and, given the pervasive culture of denial, the difficulties in combating it. They argue that utilitarian justifications for torture lurkjust beneath the surface of modern liberal democratic state practice. They describe the background to the European Convention for the Prevention of Torture, examine the text and the modus operandi of the Committee, set the CPT's standards against those of other international bodies and discuss howthe work of the Committee should best be carried forward in an enlarged and increasingly diverse European community of nations.

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In the 19th century the prohibition of judicial torture was celebrated as a triumph of civilisation. But in the aftermath of the 2nd World War it was necessary for the International community to re-emphasise, in the Universal Declaration of Human Rights, its abhorrence of torture: theproscription of torture became part of international...

Malcolm Evans is Reader in International Law at the University of Bristol. Rod Morgan is Professor of Criminal Justice and Director of the Centre for Criminal Justice at the University of Bristol.
Format:HardcoverPublished:October 1, 1998Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198262574

ISBN - 13:9780198262572

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Table of Contents

Table of CasesTable of Principal Treaties, Declarations, Codes of Conduct, and other International Instruments1. The Decline and Re-emergence of Torture2. Torture and the Liberal Democratic State: Three Modern Case Studies3. The Prohibition of Torture and Inhuman or Degrading Treatment or Punishment4. The Origins and Drafting of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment5. The CPT: membership, Back-up Services, and Modus Operandi6. Findings of Ill-Treatment7. Police Custody: Procedural Safeguards8. Conditions of Detention9. Current Assessment and Future ProspectsAppendices1. Texts2. Explanatory Report3. Rules of Procedure4. Tables of Signatures and Ratifications5. Lists of CPT Visits and of Resulting Reports and Responses, 1990-976. CPT membership7. CPT Statements of Standards8. CPT Document CitationBibliographyIndex

Editorial Reviews

`an intelligent, thoroughly informative account of European efforts to prevent torture and inhumane conditions of confinement ... The authors' impressive research on the confidential procedure employs original sources and interviews to present a comprehensive overview of an initial eight-yearperiod ... The study adds immeasurably to earlier work by effectively summarizing previously reported details of treaty negotiation to examine implementation ... This highly recommended reference for human rights scholars and students should also inform general readers in Europe and beyond.'H. Tolley, University of Cincinnati, CHOICE, Sept 99