That just compensation is paid to the owner

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: times of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, parties may take measures to derogate from their obligations to the extent strictly required by the exigencies of the situation. XPN: There can be no derogation from the following: 1. Right to life 2. Freedom from torture or cruel, inhuman or degrading punishment 3. Freedom from slavery 4. Freedom from imprisonment for failure to fulfill a contractual obligation 5. Freedom from ex post fact laws 6. Right to recognition everywhere as a person before the law 7. Freedom of thought, conscience and religion Q: What is torture? A: It is any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person, information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. (United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment/UNCTO effective June 26, 1987) Q: What does it not include? A: It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions. Q: What are the obligations of the State Parties in the UNCTO? A: 1. No exceptional circumstances whatsoever, whether a state of war or a threat or war, internal political instability or any other public emergency or any order from a superior officer or a public authority may be invoked as a justification of torture. 2. No State party shall expel, return (“refouler”) or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture. 3. All acts of torture are offenses under a State Party’s criminal law. 4. State Parties shall afford the...
View Full Document

This document was uploaded on 03/12/2014.

Ask a homework question - tutors are online