Difference between revisions of "Representing Victims of Torture"

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It is important for criminal defense attorneys to identify victims of torture because specific groups, such as children, women, the elderly, or religious persons may be more vulnerable to the effects of ill-treatment, making it easier to consider the degree of suffering severe enough to amount to torture. Identifying and keeping track of torture cases will also help identify patterns of abuse being directed at a particular group of victims. In certain cases, systematic torture of a particular group will allow the criminal defense attorney to utilize additional international mechanisms.  For example, the Convention on the Prevention and Punishment of the Crime of Genocide, adopted by the United Nations General Assembly in December of 1948, included "acting with intent to destroy, in whole or in part, a national, ethnical, racial or religious group [by] causing serious bodily or mental harm to members of the group" as part of its definition of genocide <ref> Convention on the Prevention and Punishment of the Crime of Genocide, Art. 2 </ref>.  The Rome Statute of the International Criminal Court (ICC) incorporates this definition of genocide as well a definition of crimes against humanity which includes torture.  As soon as a State becomes a party to the Statute, it accepts ICC's jurisdiction with respect to those crimes, and a State can recommend individual nationals suspected of those crimes to the Court.  THe ICC will then have complete jurisdiction to investigate and prosecute unless the person recommended has already been tried or is in the process of going to trial in the State already <ref> The Rome Statute of the International  Criminal Court </ref>.
 
It is important for criminal defense attorneys to identify victims of torture because specific groups, such as children, women, the elderly, or religious persons may be more vulnerable to the effects of ill-treatment, making it easier to consider the degree of suffering severe enough to amount to torture. Identifying and keeping track of torture cases will also help identify patterns of abuse being directed at a particular group of victims. In certain cases, systematic torture of a particular group will allow the criminal defense attorney to utilize additional international mechanisms.  For example, the Convention on the Prevention and Punishment of the Crime of Genocide, adopted by the United Nations General Assembly in December of 1948, included "acting with intent to destroy, in whole or in part, a national, ethnical, racial or religious group [by] causing serious bodily or mental harm to members of the group" as part of its definition of genocide <ref> Convention on the Prevention and Punishment of the Crime of Genocide, Art. 2 </ref>.  The Rome Statute of the International Criminal Court (ICC) incorporates this definition of genocide as well a definition of crimes against humanity which includes torture.  As soon as a State becomes a party to the Statute, it accepts ICC's jurisdiction with respect to those crimes, and a State can recommend individual nationals suspected of those crimes to the Court.  THe ICC will then have complete jurisdiction to investigate and prosecute unless the person recommended has already been tried or is in the process of going to trial in the State already <ref> The Rome Statute of the International  Criminal Court </ref>.
 
===Standard Minimum Rules for the Treatment of Prisoners===
 
The First United Nations Congress on the Prevention of Crime and the Treatment of Offenders adopted the Standard Minimum Rules for the Treatment of Prisoners, and the  Economic and Social Council approved it in 1977.  The document set out basic standards on how to treat prisoners, including conditions and access to help.  For example, Article 93 noted that "For the purposes of his defence, an untried prisoner shall be allowed to apply for free legal aid where such aid is available, and to receive visits from his legal adviser with a view to his defence and to prepare and hand to him confidential instructions" <ref> Standard Minimum Rules for the Treatment of Prisoners</ref>.  It is generally extremely important that prisoners have access to legal services, especially for those who have been tortured, as they may be more vulnerable than other types of prisoners.
 
  
 
===Istanbul Protocol===
 
===Istanbul Protocol===

Revision as of 10:03, 29 June 2010