Edited by Stephen Tully
Chapter 107: UN: Convention against Torture and Other Cruel, Inhuman or Drgrading Treatment or Punishment, 1987
107. UN: Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1987 Commentary: The Convention (23 ILM 1027 (1984) & 24 ILM 535 (1985), entry into force 1987) is administered by the Committee against Torture (CAT), a body of independent experts which assesses national reports concerning implementation of the Convention, undertakes inquiries, issues general comments on thematic issues and considers inter-State complaints. CAT may also consider communications from or on behalf of individuals claiming to be victims of violations by State Parties. An Optional Protocol (not yet in force) will enable in-country inspections of places of detention in conjunction with national institutions. A Voluntary Fund for Victims of Torture was established to enable NGOs to provide humanitarian assistance to victims and their families: UNGA Resolution 36/151 (1981). See further, www.ohchr.org. Corporations may be held liable where they aid, abet or conspire with government officials in acts of torture: Carmichael v United Technologies Corp 835 F.2d 109 (5th Cir 1988). They may also be liable where they employ coercive government power to unlawfully detain individuals and extract favourable contractual concessions: Eastman Kodak Company v Kavlin 978 F. Supp 1078 (SD Fla 1997). Article 1 1. For the purposes of this Convention, the term ‘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...
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