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The Treatment of Prisoners under International Law$
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Nigel Rodley and Matt Pollard

Print publication date: 2011

Print ISBN-13: 9780199693566

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:osobl/9780199693566.001.0001

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The Legal Consequences of Torture and Other Ill-treatment

The Legal Consequences of Torture and Other Ill-treatment

(p.145) 4 The Legal Consequences of Torture and Other Ill-treatment
The Treatment of Prisoners under International Law

Nigel Rodley

Matt Pollard

Oxford University Press

This chapter discusses the legal consequences of committing the prohibited acts of torture and other ill-treatment, both for the state and for the individual torturer. It examines the state's responsibility for acts of torture and the consideration of the issue of individual responsibility. It enumerates and analyses the state's five responsibilities when torture has been committed: (1) investigate the matter, (2) bring the perpetrators to justice, particularly through the institution of criminal proceedings, (3) provide the victims with reparation, (4) ensure that no information obtained by torture is used in any administrative or court proceedings, and (5) do not expose individuals to a real risk of torture by sending them to the territory or custody of another state where they would face such risk. In addition, it similarly examines the legal consequences of other prohibited ill-treatment.

Keywords:   legal consequences, torture, ill-treatment, individual torturer, international law, state responsibility, individual responsibility, criminal proceedings

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