Prohibition of torture in the national and international legal system and redress for the damages caused by it
Abstract
Torture is one of the most heinous forms of human rights violations, and it is still widely practiced in countries around the world. It is one of the issues that raises widespread legal controversy, at the legal and political levels. Therefore, the crime of torture disturbs the human conscience and requires strenuous efforts to eliminate it, as it represents a blatant violation of human dignity. Although the status of man is above torture or inhumane treatment, religions have prohibited torture in all its forms and have never approved of it. Rather, (the true Islam forbids mutilation of the dead, even if they are enemies. Not only that, but Islamic law has gone beyond that to include animals, prohibiting amputations from animals while they are alive, or tattooing them, or using them as targets for shooting. Nevertheless, torture continues in peace and war, which requires concerted efforts to resist it on a large scale, and to create and generate general and deterrent pressure by (religious scholars, lawyers, politicians, and human rights activists) at the national and international levels, and to use all available mechanisms to combat torture, one of the most brutal violations of human dignity, which leads to the destruction of victims and weakens their ability to To continue their lives and activities. Because the tortured person is devoid of humanity, all legislation requires that he be tried in his country or tried by the country to which the victim belongs. He is persecuted everywhere, and this crime does not expire with the passage of time, which necessitates the need to put an immediate and decisive end to the practice of torture and eradicate it forever. There is no doubt that supporting victims of torture represents a broad space for human rights defenders seeking to please God Almighty, satisfy the conscience of the tortured human being, and show compassion for human dignity and physical integrity, especially since torture is prohibited by national constitutions and laws in all its forms and situations. So how can torture be resisted? How can its perpetrators be prosecuted? How can victims of torture be assisted? What is the mechanism for limiting its commission and preventing its occurrence at the national and international levels? And how can the resulting damages be compensated? Given its prevalence at the present time, it must be prohibited. It is no wonder that respect for human rights, preserving human dignity, and humanity are sacred matters that must always be observed. Although there is consensus on the prohibition of torture, there is no specific definition. To torture, and to determine the nature and severity of the act and to state what constitutes torture, but rather the practice of torture has become carried out in a systematic and organized manner, and is practiced with the latest forms of technology and global innovative tools, as the purpose of practicing torture is no longer to obtain information, or extract it from detainees only, but rather its purpose has become pleasure and a sense of ecstasy and enjoyment when practicing torture, and unfortunately the issue of punishment for practicing it remains not serious by the international community against violators.
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