SOCI 3P97 Lecture Notes - Lecture 9: Extraordinary Rendition, Maher Arar, Arbitrary Arrest And Detention
Document Summary
Conventions (e. g. iccpr, torture) not part of us legal culture. Government free to develop its own interpretations of treaty. Difficult for torture victims to invoke relevant provisions in court. Excludes procedural obligations set up to prevent abuse from u. s. law: To teach government personnel that torture & ill-treatment are illegal. To monitor training methods, interrogation methods & detention conditions for abuse. Undermines ability of torture and abuse victims to seek civil redress in us courts (e. g. the maher arar case) War on terror and human rights (continued) human rights. Prohibit all forms of cruel, inhuman, or degrading treatment or punishment lower than torture. Forbid inhuman and ill-treatment in situations of armed conflict. Torture is not and should not be justified under any circumstances: practical solutions. The right against compulsory confession or self-incriminating testimony. Torture proof police, military and other public officials with authority over confined individuals. States obliged to enact, publicize, and execute criminal penalties.