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Filling The Gaps - Contributions By The Human Rights Committee To The Fight Against Torture

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Chapter Summary

A first important contribution made by the Human Rights Committee is the fact that, for a long time, it was and is able to examine issues of torture in countries that are party to the Covenant on Civil and Political Rights. Second, there is a difference in the number and content of individual communications submitted to each of the two Committees. Third, unlike the Convention against Torture with its limitation of torture to acts committed "by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity" the Covenant at least indirectly addresses acts of torture by private actors with no links to state authorities. This chapter focuses on the Human Rights Committee's jurisprudence regarding the relevance of torture in the context of unfair trials, disappearances and the death penalty; torture by private actors; and cruel, degrading treatment.

Keywords: death penalty; Human Rights committee; torture; unfair trials



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