lives of those within their jurisdiction, including through the establishment of a
concrete criminal legislation based on an enforcement mechanism.
27
3.1.2 The Right Not to Be Subjected to Torture or Ill Treatment
The shipmaster and crew have also the right to not be subject to torture or ill
treatment which can be caused by pirates or any other criminal individual. Article
5 of the Universal Declaration of Human Rights (UDHR), 1948 proclaims that: “No
one shall be subjected to torture or to cruel, inhuman or degrading treatment or
punishment”. Prohibition of torture and other forms of ill treatment is among the
most unequivocal principles of human rights protection. The right not to be
subjected to cruel or unusual punishment or torture is “absolute and can never be
justified in any circumstances
28
”.
Inspired by The Universal Declaration, a number of international human rights
instruments condemn torture in their texts. The European Convention on Human
rights (ECHR) states in its Article 3:“No one shall be subjected to torture or to
inhuman or degrading treatment or punishment”. In 1966, the International Covenant on Civil and Political Rights confirmed the same principle but codified the first
binding provision on the prohibition of torture in its Article 7: “No one shall be
subjected to torture or to cruel, inhuman or degrading treatment or punishment. In
particular, no one shall be subjected without his free consent to medical or scientific
experimentation”.
Emphasizing the prohibition of torture in international and regional human rights
law treaties reflects the consensus of the international community to banish torture
outright. Thus, this prohibition is non-derogeable even in times of war, internal
political instability or any public emergency.
29 Each individual State has an obligation to prevent torture of its citizens and others under its jurisdiction. It touches to
respect, to protect and punish any violation of human rights principles.
30 This means
that States should take positive measures to prevent torture and other forms of
ill-treatment. According to article 2.1 of the United Nations Convention, “(e)ach
27 Related to this point, the European Court of Human Rights has observed that “Governments have
failed to submit any comments regarding the proportionality of the level of force used by the police,
the organisation of the police action and whether an adequate legislative and administrative
framework had been put in place to safeguard citizens against arbitrariness and abuse of force”
See case of Wasilewska and Kalucka v. Poland, 23 February 2010. See also the cases of L.C.B.
v. UK, 9 June 1998; Osman v. UK, 28 October 1998; Anguelova and Iliev v. Bulgaria, n
55523/00,
26 July 2007.
28 Office of the High Commissioner of Human Rights/ OHCHR (2010), p. 1.
29 Ibid.
30 The Inter-American Court of Human Rights recognized in the case of Velasquez Rodriguez that:
“States must prevent, investigate and punish any violation of the rights recognized by the Convention” (para 166), Velasquez Rodriguez case (29 July 1988); Inter-American Ct.H.R (Ser.C.) No. 4
(1988).
398
K. Lagdami and A. Fakhry
concrete criminal legislation based on an enforcement mechanism.
27
3.1.2 The Right Not to Be Subjected to Torture or Ill Treatment
The shipmaster and crew have also the right to not be subject to torture or ill
treatment which can be caused by pirates or any other criminal individual. Article
5 of the Universal Declaration of Human Rights (UDHR), 1948 proclaims that: “No
one shall be subjected to torture or to cruel, inhuman or degrading treatment or
punishment”. Prohibition of torture and other forms of ill treatment is among the
most unequivocal principles of human rights protection. The right not to be
subjected to cruel or unusual punishment or torture is “absolute and can never be
justified in any circumstances
28
”.
Inspired by The Universal Declaration, a number of international human rights
instruments condemn torture in their texts. The European Convention on Human
rights (ECHR) states in its Article 3:“No one shall be subjected to torture or to
inhuman or degrading treatment or punishment”. In 1966, the International Covenant on Civil and Political Rights confirmed the same principle but codified the first
binding provision on the prohibition of torture in its Article 7: “No one shall be
subjected to torture or to cruel, inhuman or degrading treatment or punishment. In
particular, no one shall be subjected without his free consent to medical or scientific
experimentation”.
Emphasizing the prohibition of torture in international and regional human rights
law treaties reflects the consensus of the international community to banish torture
outright. Thus, this prohibition is non-derogeable even in times of war, internal
political instability or any public emergency.
29 Each individual State has an obligation to prevent torture of its citizens and others under its jurisdiction. It touches to
respect, to protect and punish any violation of human rights principles.
30 This means
that States should take positive measures to prevent torture and other forms of
ill-treatment. According to article 2.1 of the United Nations Convention, “(e)ach
27 Related to this point, the European Court of Human Rights has observed that “Governments have
failed to submit any comments regarding the proportionality of the level of force used by the police,
the organisation of the police action and whether an adequate legislative and administrative
framework had been put in place to safeguard citizens against arbitrariness and abuse of force”
See case of Wasilewska and Kalucka v. Poland, 23 February 2010. See also the cases of L.C.B.
v. UK, 9 June 1998; Osman v. UK, 28 October 1998; Anguelova and Iliev v. Bulgaria, n
55523/00,
26 July 2007.
28 Office of the High Commissioner of Human Rights/ OHCHR (2010), p. 1.
29 Ibid.
30 The Inter-American Court of Human Rights recognized in the case of Velasquez Rodriguez that:
“States must prevent, investigate and punish any violation of the rights recognized by the Convention” (para 166), Velasquez Rodriguez case (29 July 1988); Inter-American Ct.H.R (Ser.C.) No. 4
(1988).
398
K. Lagdami and A. Fakhry