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Code of Conduct for Law Enforcement Officials
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treatment
[
Global Index
]
ARTICLE-2
[
go to this ARTICLE
]
... (a) The
human rights
in
question
are
identified
and
protected
by
national
and
international law
. Among the
relevant
international instruments
are the
Universal Declaration of Human Rights
, the
International Covenant on Civil and Political Rights
, the
Declaration
on the
Protection
of All
Persons
from Being Subjected to
Torture
and Other
Cruel
,
Inhuman
or
Degrading Treatment
or
Punishment
, the
United Nations
Declaration
on the
Elimination
of All Forms of
Racial
Discrimination
, the
International Convention
on the
Elimination
of All Forms of
Racial
Discrimination
, the
International Convention
on the
Suppression
and
Punishment
of the
Crime of Apartheid
, the
Convention
on the
Prevention
and
Punishment
of the
Crime of Genocide
, the
Standard
Minimum
Rules
for the
Treatment
of
Prisoners
and the
Vienna
Convention
on
Consular Relations
. ...
... (a) The
human rights
in
question
are
identified
and
protected
by
national
and
international law
. Among the
relevant
international instruments
are the
Universal Declaration of Human Rights
, the
International Covenant on Civil and Political Rights
, the
Declaration
on the
Protection
of All
Persons
from Being Subjected to
Torture
and Other
Cruel
,
Inhuman
or
Degrading Treatment
or
Punishment
, the
United Nations
Declaration
on the
Elimination
of All Forms of
Racial
Discrimination
, the
International Convention
on the
Elimination
of All Forms of
Racial
Discrimination
, the
International Convention
on the
Suppression
and
Punishment
of the
Crime of Apartheid
, the
Convention
on the
Prevention
and
Punishment
of the
Crime of Genocide
, the
Standard
Minimum
Rules
for the
Treatment
of
Prisoners
and the
Vienna
Convention
on
Consular Relations
. ...
ARTICLE-5
[
go to this ARTICLE
]
... No
law enforcement official
may inflict, instigate or tolerate any
act
of
torture
or other
cruel
,
inhuman
or
degrading treatment
or
punishment
, nor may any
law enforcement official
invoke
superior
orders
or
exceptional
circumstances
such as a
state of war
or a
threat of war
, a
threat
to
national security
,
internal
political instability
or any other
public emergency
as a justification of
torture
or other
cruel
,
inhuman
or
degrading treatment
or
punishment
. ...
... No
law enforcement official
may inflict, instigate or tolerate any
act
of
torture
or other
cruel
,
inhuman
or
degrading treatment
or
punishment
, nor may any
law enforcement official
invoke
superior
orders
or
exceptional
circumstances
such as a
state of war
or a
threat of war
, a
threat
to
national security
,
internal
political instability
or any other
public emergency
as a justification of
torture
or other
cruel
,
inhuman
or
degrading treatment
or
punishment
. ...
... (a) This
prohibition
derives from the
Declaration
on the
Protection
of All
Persons
from Being Subjected to
Torture
and Other
Cruel
,
Inhuman
or
Degrading Treatment
or
Punishment
,
adopted
by the
General Assembly
, according to which: "[Such an
act
is] an
offence
to
human dignity
and shall be
condemned
as a denial of the
purposes
of the
Charter of the United Nations
and as a
violation
of the
human rights
and
fundamental freedoms
proclaimed in the
Universal Declaration of Human Rights
[and other
international
human rights
instruments
]." ...
... ". . .
torture
means any
act
by which severe
pain
or
suffering
, whether
physical
or
mental
, is
intentionally
inflicted by or at the instigation of a
public official
on a
person
for such
purposes
as obtaining from him or a
third person
information
or
confession
,
punishing
him for an
act
he has committed or is suspected of having committed, or intimidating him or other
persons
. It does not
include
pain
or
suffering
arising only from,
inherent
in or incidental to,
lawful
sanctions
to the
extent
consistent with the
Standard
Minimum
Rules
for the
Treatment
of
Prisoners
." ...
... (c) The
term
"
cruel
,
inhuman
or
degrading treatment
or
punishment
" has not been defined by the
General Assembly
but should be interpreted so as to
extend
the widest possible
protection
against
abuses
, whether
physical
or
mental
. ...
ARTICLE-6
[
go to this ARTICLE
]
... (b) While the
medical personnel
are likely to be attached to the
law enforcement
operation
,
law enforcement officials
must take into
account
the
judgement
of such
personnel
when they recommend providing the
person
in
custody
with appropriate
treatment
through, or in
consultation
with,
medical personnel
from outside the
law enforcement
operation
. ...
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