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Article 2 v Article 3 In a Ticking Bomb Scenario - Dissertation Example

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The purpose of this research is to investigate the following: Article 2 of ECHR and Article 3, Gist of Article 2 of ECHR, Responsibility of State, Case Law, Legal and Administrative Setup, Law Enforcing Machinery, Life Protection Measures, Health Care and Social Services, Abortion Cases and so on…
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Article 2 v Article 3 In a Ticking Bomb Scenario
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Download file to see previous pages This essay discusses that all around the world, the civil societies considered it flagrant violations of human rights. It is also unacceptable under Article 5 of UN Universal Declaration of Human Rights, signatories of Third and fourth Geneva Conventions. Besides United Nations Convention against Torture, ratified by the representatives of 147 countries does not allow torture on captive suspects. The concept of thought experiment was initially introduced by the famous novelist Jean in the year 1960. The driving force of cited thoughts stems from the first Indo China War. The professor of Political Science at Reed College endorsed torturing on suspects provided he or she is involved in claiming or intended to claim numerous lives and destruction of properties through their subversive activities. In accordance with the definition of 1984 United Nations Convention Torture is: “Any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him, or a third person, information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in, or incidental to, lawful sanctions”. ...
In accordance with the definition of 1984 United Nations Convention Torture is: “Any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him, or a third person, information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in, or incidental to, lawful sanctions”3. Mentioned definition is strictly applicable on the nations and the government sponsored torture. The torture inflicted directly or indirectly includes: a) torture inflicted upon by the gangsters, ethnic group, rebels or terrorists b) abrupt violence during war and c) whipping d) politically motivated torture of all sorts. The intellectuals of the United Kingdom are of the view that though the torture on suspects is not morally justifiable or legally permissible as per UK law. But under certain circumstances, torture on the suspects to get material information may be allowed. For example if a terrorist who is in the custody of law enforcing agencies / investigation agencies planted bomb in a busy shopping area, if exploded may claim hundreds of lives and mass destruction of properties. In such situation, torture on a suspect to get critical information relating to their links with the terrorist ...Download file to see next pages Read More
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