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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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