26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 See Prosecutor v. Kunarac, Kovac and Vukovic, Case no. IT-96-23/1-T, 22 February 2001, para. 482. For the text of this draft convention, see The Draft Convention for the Prevention and Suppression of Torture, submitted by the International Association of Penal Law, UN Doc. E/CN.4/NGO.213 (1978). Ahcene Boulesbaa, “The UN Convention on Torture and the Prospects for Enforcement”, Martinus Nijhoff Publishers, 1999, p. 17. Boulesbaa, ibid. p. 18. E/CN.4/1986/15, para. 119. Giffard, ibid. note 14, p. 14. Giffard, ibid. note 14, p. 14. Giffard, ibid. note 14, p. 13. See infra under Article 16 for an analysis of “other cruel, inhuman or degrading treatment or punishment which does not amount to torture as defined in Article 1”. Ireland v. UK, 1978, 2 Eur.Ct.H.R. (series A), para. 162. Ibid. para. 167. Boulesbaa, ibid. note 28, p. 19, with reference to the UN Commentary, chapter VI, para. 13 (1955), p. 31. See Denmark et al. v. Greece, Report of the European Commission on Human Rights, 5 November 1969. Boulesbaa, ibid. note 28, p. 19. A/56/156 of 3 July 2001, p. 3. See E/CN.4/2001/66, paras. 4-11. One example is the view expressed by the Human Rights Committee in the case of Estrella v. Uruguay. The alleged victim, Miguel Angel Estrella, an Argentine concert pianist, complained of having, inter alia, been threatened with death, mock amputation of his hands with an electric saw, and violence to his relatives or friends. The Committee concluded that the applicant had been subjected to severe psychological torture, in an effort to force him to admit to subversive activities. A/56/156, para. 5. Aydin v. Turkey, (1997), Judgment of the European Court of Human Rights of 25 September. Mejia v. Peru, (1996), Inter-Am.Ct.H.R. (Ser C), no. 5; Furundzija judgment, ibid. note 24, para. 163. Prosecutor v. Delalic et al., Case No IT-96-21-T, 16 November 1998, paras. 495-496. Boulesbaa, ibid. note. 28, p. 9. See the European Commission on Human Rights, which, in the case of Denmark et al. v. Greece, ibid. note 37, held that the failure of the government of Greece to provide food, water, heating in winter, proper washing facilities, clothing, medical and dental care to prisoners constitutes an “act” of torture in violation of Article 3 of the ECHR. See also Prosecutor v. Deladic, ibid. note 45, which found that imprisonment in an unlit manhole with insufficient air and without food or water for a least a day and a night constitutes torture (para. 1007). Boulesbaa, ibid. note 28, p. 21. Prosecutor v. Delalic et al., ibid. note 45, para. 442. Background Paper 2, “Aspects of the Definition of Torture in the Regional Human Rights Jurisdictions and the International Criminal Tribunals of the Former Yugoslavia and Rwanda”, APT Seminar on the Definition of Torture, Association for the Prevention of Torture, November 2001. See Articles 5 and 7 of the Convention. Prosecutor v. Delalic et al., ibid. note 45, para. 470. This assumed great importance in the House of Lords case consideration of the request for extradition from the UK to Spain of former Chilean head of State, Pinochet Ugarte. In its first decision, two of the judges stressed the idea that acts of torture could not be “official acts”, while in the second substantive decision it seemed vital to the reasoning that they were; see Evans, ibid. note 25, p. 11. J. Herman Burgers & Hans Danelius, “The United Nations Convention against Torture—A Handbook on the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment”, Martinus Nijhoff Publishers, 1988, p. 120. Cf. the definition of torture in Article 2 of the 1985 Inter-American Convention to Prevent and Punish Torture, which includes acts of torture committed by any person within the jurisdiction. Article 3 of the same Convention, however, states that only public servants or employees or persons acting at their instigation shall be held guilty of the crime of torture. Nigel S. Rodley, “The Treatment of Prisoners Under International Law”, 2nd ed., Oxford, 1999, p. 100. Rodley, ibid. Boulesbaa, ibid. note 28, p. 27. See Summary prepared by the Secretary-General in accordance with Commission Resolution 18 (XXXIV) containing the comments received from Governments on the draft Articles of the Convention on Torture, Commission on Human Rights, 35th Session, UN Doc. E/CN.4/1314/Add. 2 (1979), p. 2. Elmi v. Australia, Communication no. 120/1998, CAT/C/22/D/120/1998, para. 65.