Deontologický v. utilitaristický pohľad medziamerických orgánov na zákaz mučenia
Deontological v. utilitarian position of the Inter-American bodies on the prohibition of torture

Summary/Abstract: The contribution outlines current deontological and utilitarian arguments occurred in discussion on legal framework of the prohibition of torture and other inhuman treatment or punishment. The aim of the article is to analyse the position of the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights on the absolute character of the prohibition of torture. The response of the bodies on violation of human rights on Guantanamo Bay in Cuba is also in the centre of attention. Decisions of monitoring bodies confirmed that theories, which would relax the absolute, non-derogable and peremptory character of the prohibition of torture, have not been accepted by the Inter-American regional level. The prohibition can not be suspended neither in case of dangerous character of detained person, threat of terrorism, nor in the time of war, public danger, or other emergency situations. This conclusion is valid not only for the states parties to the American Convention on Human Rights but for all members of the Organization of American States.

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