Difference between revisions of "Representing Victims of Torture"

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The European Court of Human Rights (ECHR) has made the intent requirement easier to satisfy by creating a rebuttable presumption of torture for those who are injured while in police custody. In Selmouni v. France, the ECHR noted that "where an individual is taken into police custody in good health but is found to be injured at the time of release, it is incumbent on the State to provide a plausible explanation of how those injuries were caused" <ref> Selmouni v. France, 29 E.H.R.R. 403, 426 (2000) </ref>.   
 
The European Court of Human Rights (ECHR) has made the intent requirement easier to satisfy by creating a rebuttable presumption of torture for those who are injured while in police custody. In Selmouni v. France, the ECHR noted that "where an individual is taken into police custody in good health but is found to be injured at the time of release, it is incumbent on the State to provide a plausible explanation of how those injuries were caused" <ref> Selmouni v. France, 29 E.H.R.R. 403, 426 (2000) </ref>.   
  
Under CAT the State has an obligation not only to refrain from acting, but also has an obligation to prevent torture under Article 16.  Thus the State can be held responsible for its omissions (failing to take effective measures to prevent torture from occurring/failing to prosecute perpetrators/failing to investigate allegations) <ref> Convention Against Torture, Article 16 </ref>.  Under similar reasoning
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Under CAT the State has an obligation not only to refrain from acting, but also has an obligation to prevent torture under Article 16.  Thus the State can be held responsible for its omissions (failing to take effective measures to prevent torture from occurring/failing to prosecute perpetrators/failing to investigate allegations) <ref> Convention Against Torture, Article 16 </ref>.  For example, in Mahmut Kaya v. Turkey, the ECHR held the state responsible for failing to prevent the ill-treatment - and death -of the applicant's brother by unknown persons, because the authorities had been informed of the
  
 
====2. Severe pain or suffering====  
 
====2. Severe pain or suffering====  

Revision as of 11:25, 1 July 2010