|
PROTECTION FROM TORTURE ACTS BY PRIVATE PERSONS
Katalin HARASZTI
In general, States are the subjects of international law. Thus, it is the states, rather than individuals, are held responsible for violations of human rights.
Prohibition against torture and cruel, inhuman or degrading treatment or punishment (CIDT) is one of the most fundamental values of the democratic societies.
The definition of torture contained in article 1 of the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment and Punishment requires,
that the "pain and suffering" should be "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."Under traditional interpretation of this definition, only acts and omissions for which the authorities could be held responsible fall
into the notion of torture. At the beginning of 1990's the international legal system began to extend the notion of state responsibility for acts on which the
state failing to exercise due diligence to prevent private actors from committing human rights violations. Under this broad interpretation a state may be
responsible, even in lack of direct link, where it failed to exercise the "due diligence" and its failed to act to prevent, investigate or punish conduct
what would be otherwise considered as torture or CIDT. This article explores what international human rights obligations have the states to provide protection
from acts by private actors that violate the prohibition of torture and CIDT.
|
|