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Wikipedia Article/Section

Wright, Thomas C. Impunity, Human Rights, and Democracy: Chile and Argentina, 1990-2005. University of Texas Press, 2015.Singular Sources Outline for ‘Inter-American Convention...Torture’

For Wikipedia Page Stub

"Inter-American Convention to Prevent and Punish Torture," Netherlands Quarterly of Human Rights vol. 10, no. 2 (1992): p. 245-250. HeinOnline, https://heinonline.org/HOL/P?h=hein.journals/nethqur25&i=255.

Appendix III: Inter-American Convention to Prevent and Punish Torture

Main Argument:

The purpose of the American Convention on Human Rights, which includes the prevention and punishment of torture, is established in order to create concrete laws for the Americas as far as specific problems concerning human rights. Their main belief regarding torture or ‘cruel and unusual’ punishment and treatment is that they are an offense to a person's dignity and do not follow to the principles of set by the United Nations. The specifications of limitations regarding torture and punishment are listed in depth within the following Articles 1 through 24.

Points/Evidence:


 * 1) All included States within the convention have agreed to partake and follow the rules laid out within the convention.
 * 2) All those who order and partake in the initiation of torture shall be punished.
 * 3) Torture can be defined as, but is not limited to: Any purposeful act, whether physical or mental pain, that is used for intimidation, punishment, or any other reason. Also an act that lessens the personality or physical capacity of the victim, even if physical or mental pain is not issued.
 * 4) No matter the current state of the country, state, etc. whether there be a war, state of emergency, or any other emergencies or disaster, torture is still not justified and will be punished.
 * 5) No one is exempt from this law, no matter what their title is.
 * 6) Even if acting on orders, you are still liable.
 * 7) All States included within the Convention shall take necessary measures to ensure these rules are carried out.
 * 8) Make sure all acts of torture are offenses of the law
 * 9) States must train police officers and police about responsibility of the person they are detaining
 * 10) Everyone who claims they have been tortured have a right to, in the least, partial examination.
 * 11) Shall exercise jurisdiction; extradition shall be granted as well and carries the same weight as jurisdiction
 * 12) If there are chances to policy within a state the Inter-American Convention must be notified immediately.
 * 13) The Inter-American Convention must also keep up on responsibilities regarding legislation and consistency
 * 14) Annual reports are to be created
 * 15) Convention is open to ratification
 * 16) Convention shall be in power but can be denounced by any State; there is no forever-commitment to this Convention  .

Wikipedia Article/Section

Inter-American Convention to Prevent and Punish Torture.

As of currently there is a brief stub of about the ‘Inter-American...Torture’ about when the convention was created, entered into force, and brief explanation of their definition of torture as compared to the United Nations Convention Against Torture which is defined more expansively. The stub also sums up the Convention’s overall goal as pertaining to the roles of the States under its ordinance. The main points that I can add to this article stub are:


 * The historical events prompting the creation of the Convention
 * How this Convention relates to the OAS (Organization of American States) and other conventions like it (ie. The United Nations Convention Against Torture
 * Go further into detail of what torture is defined as within the twenty four articles (an important number that is not listed) of the Convention document.
 * List who was present within the construction of this specific Convention and their associated title
 * Events that occurred to cause alarm to the Convention on the Issue of torturous activities occurring within the Americas, specifically within Chile and Argentina
 * List what each article states, more or less
 * List which signatories ratified the Conventions policies within their country and which ones signed to opt out of following their rules listed and their reasoning for such action.

Sources:

Burgers, J. Herman., and Hans Danelius. The United Nations Convention against Torture: a Handbook on the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment. M. Nijhoff, 1988

O.A.S. “American Convention on Human Rights.” Basic Documents - American Convention, Organization of American States, 0AD, www.cidh.oas.org/basicos/english/basic3.american%20convention.htm.

Kälin Walter, and Künzli Jörg. The Law of International Human Rights Protection. Oxford Univ. Press, 2011.

Rodriguez-Pinzón Diego, et al. The Prohibition of Torture and Ill-Treatment in the Inter-American Human Rights System: a Handbook for Victims and Their Advocates. World Organisation Against Torture, 2014.

Wright, Thomas C. Impunity, Human Rights, and Democracy: Chile and Argentina, 1990-2005. University of Texas Press, 2015. Sources:

Draft:

Brownlie, Ian. Brownlies Documents on Human Rights. Oxford Univ. Press, 2010. (1992). Netherlands Quarterly of Human Rights 10, [i]-[ii]. Burgers, J. Herman., and Hans Danelius. The United Nations Convention against Torture: a Handbook on the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment. M. Nijhoff, 1988 (1) O.A.S. “American Convention on Human Rights.” Basic Documents - American Convention, Organization of American States, 0AD, www.cidh.oas.org/basicos/english/basic3.american%20convention.htm. Rodriguez-Pinzón Diego, et al. The Prohibition of Torture and Ill-Treatment in the Inter-American Human Rights System: a Handbook for Victims and Their Advocates. Zamora, Luis A. Lope. "Algunas Reflexiones Entorno a la Reparación por Satisfacción Ante Violaciones de Normas de Protección de Derechos Humanos y su Relación con la Teoría General de la Responsabilidad Internacional del Estado," American University International Law Review vol. 23, no. 1 (2007): p.195-226. HeinOnline, https://heinonline.org/HOL/P?h=hein.journals/amuilr23&i=198.

Peer Review Section to Review
 

Signatory States
Before the 24 Articles of the Inter-American Convention to Prevent and Punish Torture are listed, the American States signatories are to state their awareness of the purpose of the convention, affirming that the convention is actually necessary, and concur that torture or cruel and inhuman treatment of any kind is inherently wrong and an act against human rights. This serves as a springboard for the rest of the convention, proving that all signatory states are in agreement about the main purpose of the Convention. The Commission has also stated multiple times that it is a signatory state's duty to prevent incommunicado detention, and to strive to be aware and knowledgeable of what happens to its prisoners and those stripped of their liberties to ensure that they are not tortured. Failure to do so would be an infringement against the Torture Conventions Article Five which ensures that a State creates conditions that prevents an individual from undergoing torture and punishes those who initiate or instigate such activities.

Optional Protocol of 2002
  On December 18th of 2002, the optional Protocol to the Convention Against Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment was adopted and sponsored by the United Nations. An optional protocol adds to or elaborates upon the treaty it is associated with. Unlike the Inter-American Convention to Prevent and Punish Torture, this protocol issued that places where people are stripped of their liberties be visited by other independent international and national bodies. This would ultimately address the countries in violation of the Convention to work toward a consensus regarding said issue.

American Convention on Human Rights of 1969
The Organization of American States' (O.A.S.) main convention, the American Convention on Human Rights, has a small section within its chapters skimming over the issue of torture. The American Convention on Human Rights was adopted at the Inter-American Specialized Conference on Human Rights in Costa Rica on November 22, 1969. Within Article Five of its second chapter on civil and political rights the convention states that no person shall be tortured and that people deprived of their liberty, such as those who are imprisoned, shall not be subject to such treatment either.

UN Convention to Prevent Torture Comparison
  Like the Inter-American Convention to Prevent Torture, the UN Convention outlines that its goal is not to outlaw all torture everywhere, but to make sure that the countries under the UN follow the Articles agreed upon during the convention. The Convention 's main purpose is to strengthen opposition and prohibition of torture globally through its support of allied countries and states.