No derogation is allowedevery human being has an

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No derogation is allowed…every human being has an absolutely, inalienable right not to be subjected to torture or to inhuman or degrading treatment under any circumstances, even the most difficult.”
Gäfgen V. Germany (ECHR 2010)“The Court therefore considers that the real and immediate threats of deliberate and imminent ill-treatment to which the applicant was subjected during his interrogation must be regarded as having caused him considerable fear, anguish and mental suffering. The applicant, however, did not submit medical certificates to establish any long-term adverse psychological consequences suffered or sustained as a result…”The Court concluded that the method of interrogation to which he was subjected in the circumstances of this case was sufficiently serious to amount to inhuman treatment prohibited by Article 3, but did notreach the level of cruelty required to attain the threshold of torture.
Gäfgen v. Germany (ECHR 2010)Note that German domestic court imposed modest, suspended fines. Were the sanctions imposed on the officers a legally adequate response to the violation of the CAT? If CID? If torture?CAT’s domestic enforcement articles require States parties to investigate and criminally prosecute torturers.A State’s obligation with respect to CID is less certain. Article 16 contains a cross-reference only to Articles 10-13 (Article 12 requires an investigation, which occurred in this case.) But Art. 16 does not require criminal prosecution.However, the Committee Against Torture and the CHR have implied an obligation to prosecute for CID treatment as well as torture.ECHR: suspended fines were “manifestly disproportionate to a breach of one of the core rights of the Convention” and did “not have the necessary deterrent effect in order to prevent further violations of the prohibition of ill-treatment in future difficult situations.”
Poll December 2014
Washington Post Poll
Washington Post Poll
Pew Research Center
Pew Research Center
Neumayer, Do IHR Treaties Improve Respect for Human Rights? (2005)
Neumayer, Do IHR Treaties Improve Respect for Human Rights? (2005)In the absence of civil society and/or in pure autocracies, human rights treaty ratification often makes no difference and can even make things worse. For example, ratifying states may exploit the “expressive role” of ratification without any change for the better.Treaty ratification often becomes more beneficial to human rights the more democratic the country is.Ratification is more beneficial the stronger a country’s civil society, that is, the more its citizens participate in international NGOs.Indirect effects: providing a common HR language; reinforcing the universality of HR, signaling the consensus of the int’l community, creating stigma for offenders, providing support to human rights campaigners

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