3 Essential Elements to the Legal Definition of Torture

For a person who commits an unlawful influence to achieve this, a person must make a false statement, opinion or translation or refuse to give a statement, opinion or translation to a parliamentary commission of inquiry if he is associated with torture, the applicable penalty is deprivation of liberty for a maximum period of eight years. For a person who has intentionally committed minor bodily harm, the applicable penalty, if in the form of torment or torture, is deprivation of liberty for a period of up to three years or temporary deprivation of liberty or community service or a fine. An Indian Sikh living in Britain claimed that he would be tortured if deported to India because he was a prominent supporter of Sikh separatism. The United Kingdom was still trying to deport him because he was suspected of being a terrorist. In a very important case, the European Court of Human Rights ruled that article 3 prohibits his deportation because he was exposed to a real risk of torture or inhuman or degrading treatment. The Court stressed that his alleged involvement in terrorism was irrelevant – the protection afforded by Article 3 is absolute and extends to every human being, regardless of his or her behaviour. As one of the most recognized human rights, the prohibition of torture has acquired the status deius cogens or peremptory norm of general international law, which also establishes the obligation erga omnes (due to all States and by all States) to take measures against those who torture. [1] As such, the prohibition may be applied to a State even if it has not ratified any of the relevant treaties and the prohibition is not subject to any derogation, even in times of war or emergency. 1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in a territory under its jurisdiction. The infliction of torture also constitutes a “grave violation” of the fundamental humanitarian law of the Geneva Conventions (in particular common article 3), which aim to limit the effects of armed conflict. Consequently, the infliction of torture may constitute a war crime.

Under the Geneva Conventions, States are required to “enact all laws necessary to provide for effective criminal sanctions for persons who commit or order such acts” and are required to “seek and bring to justice persons accused of committing or ordering such serious violations, regardless of their nationality. in their own courts” if such persons are not extradited to another Contracting State. See First Geneva Convention, art. 49. The Conventions protect both civilians and military personnel from torture. The International Committee of the Red Cross (ICRC) has produced an information kit on the national application of international humanitarian law. having regard to Article 5 of the Universal Declaration of Human Rights and Article 7 of the International Covenant on Civil and Political Rights, both of which provide that no one shall be subjected to torture or cruel, inhuman or degrading treatment or punishment, 2. No extraordinary circumstances, whether a state of war or a threat of war, domestic political instability or any other public emergency, may be used as justification for torture. The definition of torture in the Convention expressly excludes “pain or suffering arising solely from, inherent in or in connection with lawful sanctions”. The legality of a sanction should be determined on the basis of national and international standards. 1.

No State Party may expel, return (“reject”) or extradite a person to another State if there are reasonable grounds to believe that he or she would be in danger of being tortured. In another type of situation, it may be difficult to draw a line between the different forms of ill-treatment: while each of them alone cannot lead to “torture-like” suffering, these forms of treatment or prison conditions may constitute torture as a whole. Even if a person is not entitled to asylum, the State cannot deport him or her to a country where he or she would be exposed to a real risk of torture. Therefore, Latvian law offers a wide range of options for law enforcement agencies to ensure that no type of torture-type abuse goes unpunished, with increasingly severe penalties if the perpetrator is a public official rather than an individual. Especially in the case of a public official, the use of torture per se, regardless of the extent of the victim`s harm, is an essential test for convicting the perpetrator. For a person who commits torture, the penalty applicable if such acts have not had the consequences provided for in articles 125, 126 or 130 of this Act shall be deprivation of liberty for a period of up to one year or temporary deprivation of liberty or community service or a fine. In contrast, Latvia`s post-Soviet criminal law treats torture in a completely different way. Clearly, the country`s legislation has evolved for a number of different reasons, legal and otherwise, under a significant influence of the case law of the European Court of Justice.

Accordingly, it not only provides for a special judicial “subsystem” to deal with citizens` complaints against the acts of the State and its officials (administrative procedures), but also ensures a thorough and impartial investigation into all cases of torture initiated against officials of this court. It is equally worth noting how Latvia`s current Criminal Code takes into account the extent of harm and suffering suffered by victims of torture, as well as the objective of torture1Lection of Article 125(2)(4) of the Criminal Code of the United Kingdom. Intentional serious bodily injury For a person who intentionally commits life-threatening bodily harm or that has been the cause of loss of vision, hearing or other organ organs or functions of organs or a mental disorder or other health disorder, if this is related to a persistent general loss of the working capacity of at least one third, or has led to abortion or has resulted in irreparability Facial disfigurement (serious bodily harm) manifesting itself in the form of torment or torture, the applicable penalty is deprivation of liberty for a period of two years and up to ten years, with or without judicial supervision for a period of up to three years. § 126 sec. 2 no. 2. Intentional moderate bodily harm For a person who intentionally commits bodily harm that is not life-threatening and that has not resulted in the consequences provided for in section 125 of this Act, but that has resulted in a persistent health condition or a general persistent loss of fitness for duty of less than one third (moderate bodily harm), if they have had the nature of torment or torture, the applicable penalty is deprivation of liberty for a maximum period of five years or temporary deprivation of liberty or community service or a fine, with or without judicial supervision, for a maximum period of three years. § 130 Abs. 3 Nr.

2 Intentional minor bodily harm For a person who has intentionally committed minor bodily harm, the penalty applicable if he has been subjected to torment or torture is deprivation of liberty for a period of up to three years or temporary deprivation of liberty or community service or a fine. Article 130.1 Torture For a person who commits torture, the penalty applicable if such acts have not had the consequences provided for in articles 125, 126 or 130 of this Law is deprivation of liberty for a period of up to one year or temporary deprivation of liberty or community service or a fine. Subsection 272.1(3). Assertion of false statements, opinions or translations before a parliamentary committee of inquiry For a person who commits an unlawful influence to achieve this, a person must make a false statement, opinion or translation or refuse to give an explanation, opinion or translation to a parliamentary committee of inquiry if he is associated with torture, the applicable penalty is deprivation of liberty for a period of up to eight years. § 294(2) Mandatory testimony For mandatory testimony during interrogation when it is related to torture and was committed by an official conducting pre-trial criminal proceedings, the applicable penalty is deprivation of liberty for a period of up to ten years. § 301 (3). For a person who unlawfully influences, imprisons, suspects, accuses, requests, expert or translators a witness, victim, person against whom criminal proceedings have been initiated or certifies a false statement before a court, or an erroneous opinion, or to provide a false translation, or not to make a statement or opinion, or to provide a translation, the applicable penalty is deprivation of liberty for a period of up to ten years.