ECHR, Art. 1; ICCPR, Art. 2(1); Convention against Torture (CAT) (1984), Arts. 2(1), 4, and 5(1) | Samuel Moyn | August 01, 2016

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ECHR, Art. 1; ICCPR, Art. 2(1); Convention against Torture (CAT) (1984), Arts. 2(1), 4, and 5(1)

ECHR

Art. 1:

The High Contracting Parties shall secure to everyone within their jurisdiction the rights and freedoms defined in Section I of this Convention.

ICCPR

Art. 2(1):

Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Convention against Torture (1984)

Art. 2(1):

Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.

Art. 4:

1. Each State Party shall ensure that all acts of torture are offences under its criminal law. The same shall apply to an attempt to commit torture and to an act by any person which constitutes complicity or participation in torture. 2. Each State Party shall make these offences punishable by appropriate penalties which take into account their grave nature.

Art. 5(1)

1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences referred to in article 4 in the following cases:

(a) When the offences are committed in any territory under its jurisdiction or on board a ship or aircraft registered in that State;

(b) When the alleged offender is a national of that State;

(c) When the victim is a national of that State if that State considers it appropriate.

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August 01, 2016

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Samuel Moyn

Harvard Law School

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