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The European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
Konrad Ginther 1
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Introduction
The European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (`the Convention') adds a new approach to the promotion and protection of human rights.2 According to Article 1 of the Convention, a European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (`the Committee') shall be established in order to examine, by means of visits, the treatment of persons deprived of their liberty with a view to strengthening, if necessary, their protection from torture and from inhuman or degrading treatment or punishment.
The Convention was opened for signature to Member States of the Council of Europe on 26 November 1987.3 It entered into force on 1 February 1989 upon the ratification of 7 states. As of January 1991, 20 Member States of the Council of Europe had ratified the Convention.4 The Committee started to operate in November 1989. It adopted its Rules of Procedure on 16 November 1989.5 The first list of states to be visited in 1990, established by the Committee by drawing lots, includes Austria, Denmark, Spain, Malta and the United Kingdom. The first country to receive `a periodic visit'6 by the Committee was Austria.
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1 University of Graz, Austria.
2 Cassese, `A New Approach to Human Rights: The European Convention
for the Prevention of Torture', 83 AJIL (1989) 128.
3 Council of Europe, Doc. H (87) 4; reprinted in 27 ILM (1988)
1152.
4 The states which have not yet ratified are: Belgium, Greece,
Hungary and Liechtenstein.
5 CPT/Inf. (90) 5 Rev. (Strasbourg, 31 May 1990). The Rules of
Procedure were since amended twice (8th March and 11th May 1990).
6 As to the distinction between periodic and ad hoc visits see
Rules 31ff. of the Rules of Procedure and below.
© 1990-2004 European Journal of International Law
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This file was last modified:
Tuesday, October 14, 2003 10:51AM