THE PROHIBITION AGAINST TORTURE ON INTERNATIONAL AND NATIONAL SCENE

Abstract

The concept of human rights and fundamental freedoms evolved as a democratic sublimation of raising awareness about a set of common human values. Subsequently, it was adopted in a number of national and international legal documents. Under these acts, torture and ill-treatment represent severe violation of human rights. As a result, the prohibition against torture was inserted in 1948 in the Universal Declaration of Human Rights. It was beyond doubt that the dynamic nature of our society required that the matter of torture was settled with unerring accuracy. This was fully justified by the adoption of the UN Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment (UNCAT) in 1984 on the one hand, and recognizing this right as an absolute one which cannot be waived, on the other. On national level, torture is classified in our legislation as a major crime while it is defined in the Criminal Code of the Republic of Macedonia as a torture and other cruel, inhuman or degrading treatment and punishment. The law-enforcement agencies responsible for addressing this matter tend to employ methods of preventative and protective measures in order to tackle torture effectively rather than deal with its consequences.

Key words: human rights, torture, UNCAT, prevention