THE CRIMINALISATION OF TORTURE AS A PART OF THE HUMAN RIGHT FRAMEWORK
THE CRIMINALISATION OF TORTURE AS A PART OF THE HUMAN RIGHT FRAMEWORK

Summary/Abstract: We are so very used to calling for those who are responsible for acts of torture to be held to account that we run the risk of losing sight of just how strange this is, in some ways, from a human rights perspective. Whilst we are increasingly used to the idea that there is – or ought to be – a more general right to a remedy available to those who are victims of violations of human rights obligations, such remedies are usually remedies against the State, not the perpetrator. This flows from the basic starting point that human rights obligations are owed by states to those who are subject to its jurisdiction and that it is the responsibility of the state which is engaged when those rights are breached. It is, then, the role of the state to provide redress and reparation – now increasingly refined and expanded to embrace restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition.

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