the opcat unit
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The OPCAT unit
Pursuant to the UN Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment of 1984 (the Convention against
Torture), the acceding states have committed themselves to taking effective
legislative, administrative, legal or other measures, to prevent torture within
each territory under their jurisdiction. Prohibitions against torture are also
dealt with in a number of UN conventions.
The Convention for the Protection of Human Rights and Fundamental
Freedoms (the European Convention on Human Rights) and the Charter of
Fundamental Rights of the European Union (the EU Charter) contain prohibitions against torture. The European Convention has been in force since
1995 in Sweden. In addition, the Swedish constitution contains a prohibition
against torture. According to the constitution, each individual is protected
against physical punishment, nor may anyone be subjected to torture or
medical influence for the purposes of extorting or preventing statements.
The terms torture and cruel, inhuman or degrading
treatment
Article 1 of the UN’s Convention on Torture contains a relatively comprehensive definition of the term torture. In brief, it can be said that torture means
someone being intentionally subjected to serious physical or mental pain or
suffering for a specific purpose. This could, for example, take place to extract
information or to punish or threaten a person. The Convention lacks definitions of cruel, inhuman and degrading treatment.
The European Court of Human Rights (ECHR) has stated that inhuman treatment shall cover at least the kind of treatment that intentionally causes any
serious mental or physical suffering which can be regarded as unjust in a specific situation. Degrading treatment refers to the kind of action that awakes a
feeling of fear, anxiety or inferiority in the victim. Subjective circumstances
such as the victim’s gender and age are of great significance in determining
whether treatment or punishment is degrading. Treatment may be degrading
even if no one other than the victim has witnessed or become aware of it.
The Convention on Torture and OPCAT
The Convention on Torture has been in force in Sweden since 1987. The
countries that have signed the Convention are examined by a special committee, the UN Committee Against Torture (CAT). The states must regularly
report on how they enforce the Convention.
If an acceding state has granted a permission, an individual may complain
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