the opcat activities
8
The OPCAT activities
Under the 1984 UN Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (“Convention against Torture”), states
parties have undertaken to take effective legislative, administrative, judicial
and other measures to prevent acts of torture within any territory under its
jurisdiction. Explicit torture bans are also contained in a number of other UN
conventions.
The European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and the Charter of Fundamental Rights of the
European Union (EU Charter) also contain bans on torture. The ECHR has
been in force under Swedish law since 1995. In addition, the Instrument of
Government, a part of the Swedish Constitution, contains a ban on torture.1 According to the Instrument of Government, each and every individual
is protected against corporal punishment, and no one may be subjected to
torture or undue medical influence for the purpose of forcibly extracting or
obstructing a statement.
1.1 Torture and cruel, inhuman or degrading
treatment
The first article of the UN Convention against Torture contains a relatively
comprehensive definition of the meaning of torture. In short, torture means
that someone intentionally suffers serious psychological or physical pain or
suffering for a specific purpose, for example to extract information forcibly or
to punish or threaten an individual. The Convention lacks definitions of cruel,
inhuman or degrading treatment.
The European Court of Human Rights (ECHR) has ruled that inhuman
treatment should include, as a minimum, treatment that intentionally causes
someone serious psychological or physical suffering and which, in a specific
situation, can be regarded as unjust. Degrading treatment refers to an act
that produces a feeling of fear, anxiety or inferiority in the victim. Subjective
circumstances such as a victim’s gender and age are of great importance in determining whether certain treatment or punishment is degrading. Treatment
can be degrading even if no one but the victim themselves has witnessed or
learned about it.
1.2 The Convention against Torture and OPCAT
The Convention against Torture has been in force in Sweden since 1987. State
parties to the Convention are examined by a special committee known as the
1
Chapter 2, Section 5 of the Instrument of Government.
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