INSOLVABLE ISSUED OF INEFFECTIVE INDIVIDUAL REDRESS FOR TORTURE IN SYRIA: UNAVOIDABLE AND INEVITABLE

Regina Valutyte

Abstract


Repelled by the outrages effects of the systematic ill-treatment of human beings during the WWII and its aftermath, the international community agreed to prohibit the use of torture in the 20th century. Yet, the absolute prohibition seems to exist only on paper. The recent examples of systematic torture in Syrian “black sites” call again the question of the efficiency of the legal framework for the redress of damage suffered by individuals due to deliberate actions of torture inflicted by state officials amidst loud political declarations of various actors of international community. Although the right to the redress may be realized through various schemes under international human rights treaties, the legal remedies seem to rather exist than live for Syrians. They are inaccessible to the victims of torturous acts due to the lack of recognition of the most relevant competences of the relevant human rights bodies by Syrian state. Unfortunately, the measures of criminal justice are ineffective or unapproachable either and it does not look like the punishable may be punished in the anytime soon.


Keywords


Syria; Torture, Criminal responsibility; Human rights; Committee against Torture; Human Right Committee

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DOI: http://dx.doi.org/10.13165/j.icj.2017.03.005

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