Примеры использования Specific definition of torture на Английском языке и их переводы на Русский язык
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Benin has not yet formally incorporated a specific definition of torture into its legislation.
The first subject of concern mentioned by the Committee(para. 128)was that in the criminal law of Finland there is no provision containing a specific definition of torture.
The Committee observes that the lack of an appropriate and specific definition of torture makes the full application of the Convention difficult.
The 1994 Criminal Code(CC),which was later amended in October 2001, does not contain any specific definition of torture.
The Republic of Korea does not have a specific definition of torture in its Criminal Code as is defined in article 1 of the Convention.
In the criminal law of Finland there is no provision containing a specific definition of torture.
Although torture is prohibited by the Federal Constitution, no specific definition of torture exists in criminal law covering all the constituent elements of article 1 of the Convention;
The report mentioned several cases in which the authors of acts of torture had been punished by the courts even thoughCongolese law did not contain a specific definition of torture.
He had been concerned to read, however,that Benin had not yet formally incorporated a specific definition of torture into its legislation, as recommended by the Committee as far back as 2001.
The categorisation of the act is not without significance, particularly for the reprimanded State for whom a finding of torture will carry particular weight and stigma.376Article 1 of the CAT provides a more specific definition of torture.
The Constitution prohibits and punishes torture, although it does not provide a specific definition of torture and other cruel, inhuman or degrading treatment or punishment.
However, criminal law gives no specific definition of torture covering all the points contained in article 1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Mr. SILVA HENRIQUES GASPAR agreed with the previous speaker on the need for a specific definition of torture as a separate offence.
CAT expressed concern about the absence of a specific definition of torture in criminal law as defined in article 1 of the Convention and recommended the adoption of legislation in this regard.
Human Rights Implementation Centre of University of Bristol(HRIC)noted that the Criminal Code did not contain a specific individual offence criminalizing acts of torture per se nor was there a specific definition of'torture' in the national legislation.
Mr. PENKO(Slovenia) said that, although the Slovene Penal Code did not contain a specific definition of torture, every aspect of article 1 of the Convention was fully reflected in the country's domestic legislation.
Without a specific definition of torture under Polish law, it would be difficult for the authorities to provide the Committee with statistics on torture, namely, acts which caused severe physical or mental pain or suffering, as defined in article 1 of the Convention.
Mr. MARIÑO MENÉNDEZ, referring to the explanation of the term"torture" provided by the Latvian Supreme Court in 1993(paragraph 6 of the report), said that the whole question hadbeen muddied by the introduction of the term"torment" and the element of mental suffering had apparently been excluded from the specific definition of torture.
Chinese legislation contained no specific definition of torture. All of the elements in the definition set forth in the Convention were, however, provided for under laws covering a variety of offences.
She welcomed Mr. Yakovlev's proposal to adopt a simplified version of the second subparagraph, butsuggested that it should be amended to read:"In the absence of a specific definition of torture in domestic law in conformity with the Convention, the report should include information on other legislative or criminal provisions.
In its reply to the question why it had not incorporated a specific definition of torture in its criminal law, the State party had said that it was not necessary to add such a definition because acts of torture were covered by other offences defined in the Criminal Code and were thus punishable under Swiss criminal law.
Mr. WANG Xuexian recognized the efforts made by the State Party to fulfill its obligations under the Convention but noted that, as the State Party itself had admitted, obstacles remained to the full implementation of this instrument, andspecifically the lack of a specific definition of torture and the deficient training of State agents.
The Penal Code thus appeared to lack the specific definition of torture, particularly with regard to the key element of intent, required to make it genuinely enforceable in such cases.
He did not agree with Finland's explanations of why its legislation did not contain a specific definition of torture, since the provisions of the Finnish Penal Code on assault did not cover all aspects set out in article 1 of the Convention against Torture. .
Mr. Gonin(Switzerland), referring to the question raised by the Committee about the absence of a specific definition of torture as a criminal offence in Swiss law, said that his country ensured, in accordance with article 4 of the Convention, that all acts of torture(as defined in article 1 of the Convention) were offences in its domestic law, including attempted torture and complicity or participation in torture. .
Turning to the issues raised in the second periodic report,he said that although the Criminal Code did not contain a specific definition of torture in line with article 1 of the Convention, acts of torture and other cruel acts were punishable under domestic legislation; no particular problems had been encountered in practice.
The Committee's previous recommendations notwithstanding no specific definition of torture exists in criminal law covering all the constituent elements of article 1 of the Convention, although torture is prohibited by the new Constitution.
Please explain why, when the State party revised the section of the Criminal Code which entered into force in January 2007,it did not incorporate a specific definition of torture covering all the elements of the definition contained in article 1 of the Convention, as the Committee against Torture recommended in its previous concluding observations of 2005 CAT/C/CR/34/CHE, para. 5 a.
The Committee expressed concern that the Finnish Penal Code contains no specific definition of torture nor separate provisions on the offence of torture, punishable in accordance with article 4, paragraph 2, of the Convention para. 54a.
In 2009, the Criminal Code would be further amended,which would allow more specific definitions of torture to be incorporated.