Difference between revisions of "Representing Victims of Torture"

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===International Remedies===
 
===International Remedies===
  
Article 15 of the Convention Against Torture states that "Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made" <ref> Convention Against Torture </ref>.
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The Convention Against Torture states that "Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made" <ref> Convention Against Torture, Article 15 </ref>.
  
Article 20 of the Convention notes that if the Committee Against Torture receives reliable information indicating that torture is being systematically practised in a State Party, the Committee would invite that State Party to cooperate in the examination of the information and submit observations with regard to the information concerned.  If necessary, the Committee may also designate one or more of its members to make a confidential inquiry and report to the Committee.  After the investigation, the Committee would transmit the findings to the State Party concerned together with any comments or suggestions.  Under Article 22, if a State makes a declaration recognizing the competence of the Committee "to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of the Convention," then a torture victim or his/her defense attorney could file a complaint directly with the Committee.  The Convention also emphasizes, however, that an individual cannot make any complaints if their case is already pending in an international court or if they have not already exhausted domestic avenues <ref> Convention Against Torture </ref>.
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The Convention also notes that if the Committee Against Torture receives reliable information indicating that torture is being systematically practised in a State Party, the Committee would invite that State Party to cooperate in the examination of the information and submit observations with regard to the information concerned.  If necessary, the Committee may also designate one or more of its members to make a confidential inquiry and report to the Committee <ref> Convention Against Torture, Article 20 </ref>.  After the investigation, the Committee would transmit the findings to the State Party concerned together with any comments or suggestions.  If a State makes a declaration recognizing the competence of the Committee "to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of the Convention," then a torture victim or his/her defense attorney could file a complaint directly with the Committee.  The Convention also emphasizes, however, that an individual cannot make any complaints if their case is already pending in an international court or if they have not already exhausted domestic avenues <ref> Convention Against Torture, Article 22 </ref>.
  
  

Revision as of 12:06, 28 June 2010