Chapter 10
The absolute prohibition of torture, inhuman and degrading treatment
or punishment: evidence collection, interrogation techniques and conditions and
circumstances of detention
114
The UN Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (1984)
115
International framework
115
Soft law framework to combat torture during arrest and in detention
116
Standard Minimum Rules for the Treatment of Prisoners
116
Code of Conduct for Law Enforcement Officials
116
Basic Principles on the Use of Force and Firearms by Law Enforcement Officials
117
Principles of Medical Ethics relevant to the Role of Health Personnel, Particularly Physicians, in
the Protection of Prisoners and Detainees against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment
117
Body of Principles for the Protection of All Persons under Any Form of Detention
or Imprisonment
118
Basic Principles for the Treatment of Prisoners
119
Manual on the Effective Investigation and Documentation of Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment
119
Protection from torture, inhuman and degrading treatment and punishment:
how does it work?
120
Factors that may be relevant to identifying whether treatment violates protection from
torture, inhuman or degrading treatment and punishment
120
8
Definition of torture
121
Definition of inhuman
122
Definition of degrading
123
Issues arising under protection from torture relevant to counter-terrorism strategies
123
Specific issues relevant to protection from torture and inhuman and degrading treatment or
punishment
125
Conditions of detention
125
Solitary confinement
125
Secret or incommunicado detention
126
Interrogation
127
Recording of interrogations
130
Reliance on evidence obtained through torture
Methods of restraint
Corporal punishment
Access to a doctor
Denial of medical treatment
Hunger strikes and forced feeding
Forced medical treatment
Discrimination
Positive obligations
Investigations of claims of ill-treatment
Retaliation against victims, witnesses and any other person acting on behalf of torture victims
Reparation to torture victims
Expulsion, deportation, rendering and extradition
The principle of non-refoulement
Standard of proof required
Interim measures
130
131
132
132
133
134
134
135
135
136
137
137
137
138
138
139
Countering Terrorism, Protecting Human Rights