The Criteria for Distinguishing Torture from other Inhuman Treatment

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Ghorbani Pasvisheh Mahan

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Journal Paper

Paper Information

Journal: Legal Civilization Year:2024 | Volume: | Issue: Page(s): 241-262

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Information Journal Paper

Title

The Criteria for Distinguishing Torture from other Inhuman Treatment

Author(s)

Ghorbani Pasvisheh Mahan | Issue Writer Certificate

Keywords

TortureQ4

Cruel TreatmentQ4

Inhuman TreatmentQ4

Degrading TreatmentQ4

The Criterion of IntensityQ4

Abstract

The right to be free from "Torture" and "other Inhuman Treatments" is one of the fundamental human rights that was established in order to protect the physical and mental well-being of a person and requires a healthy human being in two dimensions. In the vast majority of international documents and, as a result, the domestic laws of countries, next to "Torture", "cruel, inhuman and Degrading Treatments or punishments" Are mentioned, without specifying a precise criterion for separating these terms. Due to the scope of the issue, this article is limited to identifying a criterion for verifying Torture from other Inhuman Treatments and not punishments. By studying and analyzing the general and specific international documents and the judicial procedures of the international courts, it was determined that several criteria have been provided to distinguish between these ill-treatments. Among them is the intensity criterion, which according to the findings of this research, seems to be a more correct criterion. Also, the intensity of a treatment is a function of other factors such as age, sex of the victim etc.

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