• E4J University Module Series: Counter-Terrorism

• Module 9: Prohibition against Torture and other Cruel, Inhuman and Degrading Treatment

• Introduction and learning outcomes

• Key issues

• • International Covenant on Civil and Political Rights
  • The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
  • Regional human rights instruments
  • International humanitarian law

• Exercises and case studies

• Possible class structure

• Core reading

• Advanced reading

• Student assessment

• Additional teaching tools

• References

 

Published in July 2018.

 

 

  This module is a resource for lecturers  

 

Student assessment

 

This section provides suggestions for post-class assignments for the purpose of assessing students' understanding of the Module. Suggestions for pre-class or in-class assignments are provided in the Exercises section.

Assessment questions

• Does your country's criminal law have an offence of 'torture'? If so, how is it defined? How does this definition compare with the definition approaches of the various international and regional mechanisms considered in this Module? Is its scope limited to public officials or does it also extend to private actors?
• If your country does not have an offence of 'torture', what other offences exist which could form the basis of a criminal charge for acts of torture or other forms of ill-treatment?
• Does your country have domestic legislation governing jurisdictional issues associated with prosecuting the international crime of torture, including universal jurisdiction?
• Does your county's legal system prohibit 'coercive interrogation' methods? If so, how is this term defined, and what sort of treatment falls within its scope (e.g. as determined by national courts)?
• Is there (in your legal system) a clear prohibition on the use of statements obtained or tainted by torture or inhuman or degrading treatment?
• How is the right not to be compelled to testify against oneself or to confess guilt protected in your legal system?
• Does your national legal system award the death penalty as punishment to convicted terrorists? If so, what if any safeguards are in placed to prevent their physical and/or mental torture or ill-treatment? How consistent are these with international standards and obligations?

 

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