15.
Section 134 CJA came into effect on 29 September 1988. It applies to
conduct committed after that date. Section 135 provides that prosecutions under
section 134 require the consent of the Attorney General. Such consent was given in
this case on 2 June 2017.
16.
Section 134 CJA implements in domestic law certain obligations of the
United Kingdom pursuant to the United Nations Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment, New York, 10
December 1984, (1991) (Cm 1775), 1465 UNTS 85 (“UNCAT”). Article 1 defines
“torture” for the purposes of UNCAT:
“Article 1
1.
For the purposes of this Convention, ‘torture’ means 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. It does not include pain or suffering arising
only from, inherent in or incidental to lawful sanctions.
2.
This article is without prejudice to any international
instrument or national legislation which does or may contain
provisions of wider application.”
Under UNCAT each State Party is required to take effective legislative,
administrative, judicial or other measures to prevent acts of torture in any territory
under its jurisdiction (article 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 (article 3). Each State Party
is required to ensure that all acts of torture are offences under its criminal law (article
4) and to establish its jurisdiction over such offences in cases where the alleged
offender is present in any territory under its jurisdiction and it does not extradite him
(article 5). In such cases each State Party is obliged, if it does not extradite the
alleged offender, to submit the case to its competent authorities for the purpose of
prosecution (article 7). Each State Party also undertakes to prevent in any territory
under its jurisdiction other acts of cruel, inhuman or degrading treatment or
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