hrvatski

Kaznenopravna zaštita od torture

The theme of the book is equally important for the science of criminal law and the practical, everyday work of police and penal institutions. The author analyzes the meaning and development of international standards on human rights in the area of prohibition of torture and other cruel, inhuman and degrading treatment and respect for these standards in the practice of states. Special attention was given to torture as a violation of international humanitarian law. It is also considered a special status and prohibiting torture as a jus cogens of international law and international issues of state responsibility for the crime of torture. Part of the research focuses on the real problem of torture of persons suspected of terrorism (the so-called situation timed bombs - ticking bomb scenario). Critically reviewed the approach of some commentators (eg. Dershowitz) on admissibility use of torture in such situations, as well as the suggestion of the further institutionalization of torture through the introduction of the so-called. "Court order for torture." At the end, highlights the importance of protection of human rights starting from the level of police procedure, provided a brief overview of effective prevention of torture through the establishment of an effective legal framework, oversight mechanisms and continuous training of police officers. Work is of interest to the community, and to the police with regard to the Republic of Croatia joining and ratifying the UN Convention against Torture and other cruel, inhuman or degrading penalties and procedures assumed the obligation of training (Article 10) police officers on the Prevention of Torture and other cruel inhuman or degrading penalties and procedures. Content and a brief overview by chapters 1. International standards of human rights protection In the introduction to indicate the meaning and development of international standards on human rights and emphasizes the importance of procedures of government bodies to guarantee human rights. Gives an overview of the contents of international standards of human rights, which are of importance for the treatment of bodies of state power that have certain powers by the citizens. The overriding goal of introducing human rights protection is the prevention of specific types of injury - abuse of state power. Although the right to life was not given absolute protection, prohibition of torture is absolute and complete. No exceptions, even during an emergency or war. European Convention on Human Rights is one of the key international documents that guarantee the rights of the individual. By acceptance of European Convention on Human Rights, states have agreed to guarantee the rights prescribed in it, and provide effective remedies for human rights at the national level. If individual rights are not protected at the national level, giving him access to the international European Court of Human Rights. States accepted the Court's decisions as binding, and executed them. Some important decisions taken on the basis of individual lawsuits could lead to important changes in national legislation. In addition, the States Parties directly built in the European Convention on Human Rights in its legislation. Thus, the Republic of Croatia in the 176th article Criminal Code provides for the criminal offense of torture and other cruel, inhuman or degrading treatment 2. Historical overview of the application of torture in criminal law In a short review to show why it ever came to appear as a torture proofing tool. Supporting the formal rules in inquisition system of continental Europe are predict torture suspects existing in flagrante or strained strong indications of guilt. In English common law system of torture are rarely used. The entire legal practice of the United States and Europe there are two constants: originally involuntary recognition obtained by torture, violence, deceit, threats or false promises are always represented a violation of the laws and was subject to strict exclusion rule, and police and other investigative services, despite these regulations, continued have used such methods to obtain recognition of suspects. 3. Normative arrangement of protection from torture Showing legislative activity in the framework of the UN, the European documents, legislation of the Republic of Croatia. At the end of chapters gives a comparative overview of the criminal law of Great Britain, Federal Republic of Germany and the countries of former Yugoslavia 4. Defining the concept of torture During the past decade, incriminated behavior is defined by the European Court of Human Rights in their decisions which are related to violation of Article 3 European Convention. Taking as a starting point the practice of the European Court of Human Rights, which analyzes the behavior of the court, is eligible as prohibited with regard to the prohibition of torture. It is especially interesting to determine the demarcation between Torture, Inhuman or Degrading Treatment. Analysis of court decisions appear incriminated conduct. Apart from the European Court gives a view of making some other high court instances such as the Federal Supreme Court of the United States. Besides case-law high courts have been reports of non- governmental organizations to reveal cases of torture, Inhuman or Degrading Treatment. 5. Problem differentiation during the term torture from the Convention and art. 176. Criminal Code of the Republic of Croatia compared to criminal offences in articles 126th and 127th Criminal Code of the Republic of Croatia Criminal Code of the Republic of Croatia in the 176th article provides for the criminal offense of torture and other cruel, inhuman or degrading treatment. Legal description is largely consistent with the definition of torture from the UN convention. But to what extent is different this prohibited conduct in relation to the criminal offense of extortion testimony from 126th Article or by criminal action Abused in performing services or public authority under Article 127th analyzes the law and gives the interpretation in this chapter. 6. Prohibition of torture - the institutions and mechanisms to prevent torture In the near history of the second half of the twentieth century is increasingly profiling standards of protection of fundamental human rights in international law and guarantee the supranational mechanisms of their protection within the UN and the European Community. Today, every country that wants to be a member of the international community in its internal law includes these minimum standards. The provisions of the Constitution of the Republic of Croatia from the assurances provided unfounded repressive intervention of state bodies, abuse of authority and the legal mechanisms for the protection of human rights and freedoms. When countries ratify the European Convention on Human Rights, must ensure that its provisions become part of national law. People who claim that their human rights infringed must try their case to be tested in the national court system. The largest number of such cases was resolved within the framework of national legal systems. However, if the courts - to the highest court in the country - the verdict that the victims claim unsubstantiated, it is possible to address the European Court of Human Rights. In this chapter the analyze these mechanisms, and through analysis of the structure and authority of the Committee for Human Rights of UN, the UN Committee for the Fight against Torture, the UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment. Showing the regional mechanisms: the European Court of Human Rights and some European bodies and activities of NGOs. 7. European Committee for Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment established the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT). CPT at regular intervals around the State Party Convention and examines the state of protection of individuals whose freedom was taken away due to Convention obligations. After each visit, CPT published a confidential report of whom are talking with, ie the state.. The aim of this Convention and the work of the CPT is to support countries in strengthening the protection of prisoners, not a condemnation of State. CPT gradually develop guidelines that will assist countries in fulfilling the duties of protection of the rights of prisoners and assist police in performing their duties. The paper has shown activity of CPT in relation to the Republic of Croatia. CPT delegation has so far on several occasions been the visit to the Republic of Croatia. 8. Closing on combating torture in the police Emphasizes the importance of protection of human rights starting from the level of police procedure. This section gives a brief overview of effective prevention of torture through the establishment of an effective legal framework, oversight mechanisms and continuous training of police officers.

Tortura

Tema knjige podjednako je značajna za znanost kaznenog prava i za praktičan, svakodnevni rad u policiji i penitencijarnim institucijama. Autor analizira značenje i razvitak međunarodnih standarda o ljudskim pravima u segmentu zabrane mučenja i drugog okrutnog, nečovječnog i ponižavajućeg postupanja i poštivanje tih standarda u praksi država. Posebna je pozornost posvećena mučenju kao povredi međunarodnog humanitarnog prava. Također je razmotren i poseban status zabrane torture kao jus cogens međunarodnog prava kao i problematika međunarodne odgovornosti države za zločin mučenja. Dio istraživanja posvećen je danas aktualnoj problematici mučenja osoba osumnjičenih za terorizam (tzv. situacije tempirane bombe – ticking bomb scenario). Kritički je razmotren pristup nekih komentatora (npr. Dershowitza) o dopuštenosti uporabe torture u takvim situacijama, kao i prijedlog o ponovnoj institucionalizaciji mučenja kroz uvođenje tzv. „sudskog naloga za torturu“. Na kraju se ističe značaj zaštite ljudskih prava počevši od razine policijskog postupanja, daje se kratki pregled djelotvornog sprečavanja mučenja kroz uspostavu učinkovitog pravnog okvira, na