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Prohibition of torturing under international law in the light of changed international threats
Novotný, Tomáš ; Honusková, Věra (advisor) ; Hýbnerová, Stanislava (referee)
Resumé Aj The purpose of my thesis is to provide a detailed view of prohibition of torture in contemporary practice of States. De iure is the absolute prohibition of torture unquestionable. However situation de facto is more complicated. States are very inventive in finding ways of circumventing this absolute prohibition. Their justification for circumventing the prohibition of torture may be called various things, such as diplomatic assurances, extraordinary rendition, interpretation of the definition of torture, national security, etc. Due to the limited scope of this work, I have selected the approaches of those States, which I find most worrisome and I will address them by presenting the practice of these individual States. This thesis has focused on an approach of certain European States, USA and Israel in their attempts to circumvent the absolute prohibition of torture. All examples support the topic of this thesis, however in different contexts. The thesis is composed of three core chapters. Chapter One deals with the legal status of the prohibition of torture. Chapter Two affirms the absolute prohibition of torture by case - law of ECtHR in cases Chahal v UK and Saadi v Italy. Chapter Three is subdivided into three parts. Part one reveals disturbing willingness of German courts as well as German...
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Torture prohibition in international law
Šupová, Tereza ; Honusková, Věra (advisor) ; Faix, Martin (referee)
Prohibition of torture in the international law The prohibition of torture and other forms of ill-treatment is universally recognized and is enshrined in all of the major international and regional human rights instruments. It is also a firmly rooted principle of customary international law, and as such, it is binding on all states at all times. All international instruments that contain the prohibiton of torture and ill- treatment recognize its absolute, non-derogable character. The purpose of my thesis is to analyse how views regarding torture have changed. I have focused on torture cases in last twenty years. Are people tortured more than in the past? In which countries is the situation worst? I specialised on european continent and on judgements of The European Court of Human Rights. I was trying to find out how many cases The European Court was dealing with and what treatment can be classified as torture or inhuman or degrading treatment or punishment. I have also asked the question if the understanding of what is torture has changed from the year 1991 until 2010. The thesis is composed of six chapters, first part is introduction, the second one mentions international and regional documents, in which prohibition of torture was recognized. The Third Chapter defines basic terminology used in the thesis....
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Prohibition of Torture in the International Law and the Czech Republic
Hrstková, Simona ; Bílková, Veronika (advisor) ; Ondřej, Jan (referee)
This thesis examines the prohibition of torture and other forms of inhuman or degrading treatment or punishment which is one of the fundamental human rights. The basic goal of this work is to determine how is the prohibition of torture and other forms of ill-treatment enshrined and guaranteed at the international and national level. For this purpose, systems of human rights instruments and mechanisms created at the universal level by the United Nations and at the regional level by the Council of Europe are examined and compared with the national legislation of the Czech Republic. The thesis provides definitions of terms of torture, inhuman and degrading treatment or punishment and focuses on the international instruments and mechanisms of protection. It explains their scope, work, and competences and compares them with each other. As an outcome of this evaluation the work detects several areas in which the national legislation of the Czech Republic is not fully satisfactory and which should be therefore amended. Further, the thesis determines obligations of the Czech Republic which arise out of the right not to be tortured or subjected to other forms of ill-treatment and investigates how these obligations are implemented at the national level and how are enshrined in the national law. The most...
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Legality of Evidence in Criminal Proceedings in the Light of the European Convention on Human Rights
Nejedlý, Josef ; Hýbnerová, Stanislava (advisor) ; Hofmannová, Mahulena (referee) ; Hubálková, Eva (referee)
1 Abstract This PhD thesis focuses on the legality of evidence in criminal proceedings in the light of the European Convention on Human Rights ("the Convention"). At first sight it might seem that this field is only remotely connected with the Convention. In fact, none of the provisions of the Convention expressly regulates issues of evidence and the European Court of Human Rights ("the ECtHR") traditionally refuses to rule on the legality and the admissibility of evidence having regard to its subsidiary role and the doctrine of fourth instance. Yet the days when the question of the legality of evidence was exclusively a matter of domestic law are now long gone, as is evidenced by the relatively abundant jurisprudence of the ECtHR and the former European Commission of Human Rights (jointly "the Convention organs"). Moreover, Strasbourg case-law has been evolving dynamically in this area. It is thus one of the challenges currently facing both legal science and practice which stand before the difficult task to capture and influence these developments. The gathering of evidence in criminal proceedings often conflicts with the fundamental rights of individuals. Consequently, it is not surprising that the jurisprudence of the Convention organs dealing with issues of evidence has developed particularly in the...
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General approach of international law to torture
Albert, Lukáš ; Tymofeyeva, Alla (referee)
General approach of international law to torture Abstract The prohibition of torture exists at national and international level. The author focuses only on the general approach of international law to torture. He analyzes the individual elements of the definitions of torture contained in international documents. At the same time, he does not forget to mention the cruel, inhuman or degrading treatment or punishment that is inextricably linked to torture. He also highlights the importance of the threat of torture, which may under certain conditions separately constitute torture. He provides an overview of the current international regulation of the prohibition of torture enshrined not only in international human rights treaties, but also in the field of international humanitarian law and international criminal law. He also emphasizes the reflection of international regulation in the practice of individual protection mechanisms ensuring effective control over compliance with the prohibition of torture, specifically universal, European, Inter-American, African and other functioning mechanisms. Also, he places torture in the context of crimes under international law. He refers to the practice of the International Criminal Court and ad hoc criminal tribunals, which have even granted status of jus cogens to the...
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Crime and Punishment in the Eyes of Cesare Beccaria: An Analysis of an Enlightenment Penal Law Reform
Bojar, Tomáš ; Sokol, Jan (advisor) ; Wintr, Jan (referee) ; Tinková, Daniela (referee)
Crime and Punishment in the Eyes of Cesare Beccaria An Analysis of an Enlightenment Penal Law Reform The Ph.D. dissertation is centred around a relatively concise, but extremely influential book: Cesare Beccaria's treatise On Crimes and Punishments (Dei delitti e delle pene). This work, first published in 1764, sums up in a clear, yet intellectually penetrating way all the main Enlightenment principles of a complex penal law reform. In its time, the book was not only of great philosophical importance and it not only changed the way western societies perceived crime and punishment, but it also served as a concrete guideline for various penal law reformers. It is therefore by no means an overstatement to say that it caused a true paradigm shift in both legal and moral philosophy. The main aim of the thesis is to give a legal-philosophical account of Beccaria's thoughts on crime and punishment, to examine their historical as well as moral background and show the actual impact they had on the legislation of many different, mainly European states. The first chapters of the dissertation are focused on Beccaria's life, his intellectual background and his formative influences (particularly the French, English and Scottish Enlightenment, the social contract theory, utilitarianism, Montesquieu's thoughts on penal...
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Legality of Evidence in Criminal Proceedings in the Light of the European Convention on Human Rights
Nejedlý, Josef
1 Abstract This PhD thesis focuses on the legality of evidence in criminal proceedings in the light of the European Convention on Human Rights ("the Convention"). At first sight it might seem that this field is only remotely connected with the Convention. In fact, none of the provisions of the Convention expressly regulates issues of evidence and the European Court of Human Rights ("the ECtHR") traditionally refuses to rule on the legality and the admissibility of evidence having regard to its subsidiary role and the doctrine of fourth instance. Yet the days when the question of the legality of evidence was exclusively a matter of domestic law are now long gone, as is evidenced by the relatively abundant jurisprudence of the ECtHR and the former European Commission of Human Rights (jointly "the Convention organs"). Moreover, Strasbourg case-law has been evolving dynamically in this area. It is thus one of the challenges currently facing both legal science and practice which stand before the difficult task to capture and influence these developments. The gathering of evidence in criminal proceedings often conflicts with the fundamental rights of individuals. Consequently, it is not surprising that the jurisprudence of the Convention organs dealing with issues of evidence has developed particularly in the...
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Midwifery of Period Called Pobelohorska Infanticide
Surá, Alexandra ; Říhová, Milada (advisor) ; Čechura, Jaroslav (referee) ; Pařízek, Antonín (referee)
I initially explored historic figures of European accoucheur of the 17. and 18. century. Beyond this I focused on a period called "Pobělohorská" in Czech countries. I summarized the health conditions of the population during this period, and described medical professions, midwifery and emergency Christening ceremonies. One chapter discusses partnerships and considers women who hid their pregnancy to avoid the prospect of caring for their children in the future. For this reason I present questions relating to how women hid their pregnancy during the Early Modern period. In the next chapter I discuss aspects of the process of giving birth, the locations where women gave birth and the moments thereafter. I present the circumstances of the death of the baby and the possible causes of death. The process of investigation of the scene, an assessment of the body and the search for the mother of the baby (as a potential murderer) are all considered. The assessment of the body was in the hands of the regional physiciusurgeon and a midwife. In my work I describe how the body was assessed, how they judged the maturity of the newborn baby and if the baby was born dead or alive. Further chapters explain the treatment of the umbilical cord, the inquisition of the witnesses and the suspect, and the next steps of...
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