Defining Torture: Issues, Perspectives and Human Rights Analysis
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Date
2011
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Dept. of Public Law, Faculty of Law, Olabisi Onabanjo University
Abstract
Undoubtedly, torture is a serious violation of human rights and it is strictly prohibited by numerous human rights instruments. The crime continues to generate heated debate because of its scope. Sometimes perpetrators escape sanctions because of the inability of the prosecutor to prove the elements of the offence. Against this backdrop, this paper makes a modest attempt at defining torture from the perspective of numerous laws prohibiting the practice. The argues that regardless of how torture is defined, the contention is that the perpetrators should not escape criminal responsibility through mere artifice, technicality or prosecutorial laxity. Consequently, the paper concludes that irrespective of the status of the perpetrators, the person should be brought to justice in order to serve as deterrence and prevent impunity.
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Citation
Odeku, K.O., Anwo J, *Animashaun, O.O* & Oyeneye, O. (2011): Defining Torture: Issues, Perspectives and Human Rights Analysis. Olabisi Onabanjo University Journal of Public Law 1 (1) 32-50, Published by Faculty of Law, Olabisi Onabanjo University.