Friday, October 18, 2019

Human Rights Law Essay Example | Topics and Well Written Essays - 1500 words - 1

Human Rights Law - Essay Example As part of the global war on terror, governments have embraced various torturous tactics including extraordinary rendition against the suspects. Basically, the suspects are not given a chance to challenge their arrest in court and are held incommunicado. They are held and interrogated through methods that amount to torture and breach of human rights. In most cases, the suspects are tried by foreign governments and sometimes executed. Recently, a study carried out by the European parliament concluded that extraordinary rendition results to multiple human right violations such as unwarranted arrests, torture, false trials, inhumane treatment, and deprivation of liberty and to the worst death. According to both Human rights committee and committee against torture, extra ordinary rendition violates a number of provisions set out in conventions against torture. Under the Rome Statute, which established the International Criminal Court (ICC), rendition infringes on several human rights including deprivation of liberty as outlined by Article 7(1) (e), disappearance of individuals and Article 7(1) (i) torture Article 7(1) (f), which are termed as an attack on civilians. The Security Council resolution of 1483 requires all nations to play their part under the Geneva Convention of 1949. According to General Taguba, all detainees should be accorded the full protection of Geneva convection. Article 49 of the fourth Geneva Convection requires deportations and forcible transfers of persons to be protected despite the underlying motive. . The European Court of Human rights requires that all movement of people from one jurisdiction to another regardless of whether it is deportation, extradition or rendition to observe the procedures set out under international and domestic laws. In Bozano v. France1, the court ruled that the procedures laid down affects the legality of holding an individual besides the validity of the transfer. The United Kingdom is not bound by any treaty in ensuring that its airports and airspace are not used for rendition practices. However, cruel and inhumane acts of torture are not allowed by United Nations Commission Against Torture (UNCAT) as defined by Article 1. In addition, Article 16 states that, â€Å"†¦ in particular, the obligations contained in Articles 10,11,12 and 13 shall apply with substitution for references to torture or references to other forms of cruel, inhumane or degrading treatment or punishment†. These Articles refer to rules that should be observed during the in terrogation process. Article 3 of UNCAT prohibit forceful extradition of any individual to a state where one is believed to be susceptible to torture and other forms of ill treatment. However, the UK is bound by the International Covenant on Political and Civil Rights and the ECHR not to engage in extradition of any person to any place that pose risk for ill treatment or torturous acts. Article 3 of UNCAT provides that all transfers including those that are extralegal should comply with the legal procedures of extradition. Otherwise, breach of the principle could result to state responsibility. The transit state and the sending state may avoid liability under the international law through diplomatic assurances between the officials of the two states that the person in question will not be subjected to ill treatment or torture. Moreover, it is argued that such diplomatic assur

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