International Workshop on the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) and its Optional Protocol (OPCAT) Ha Noi, Viet Nam, 6 June 2014

Domestic Implementation of CAT

Manfred Nowak Professor of International Law and Human Rights, University of Vienna, Austria Austrian Chair Visiting Professor at Stanford University, California UN Special Rapporteur on Torture (2004-2010) 1

Table of Contents

1. The Role of Domestic Courts 2. The Role of Civil Society and the Media Manfred Nowak - CAT 2

Manfred Nowak - CAT

1. The Role of Domestic Courts

• Right of detainees to

habeas corpus

: Article 9(4) CCPR: “Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.” • Ordering and/or conducting prompt and impartial i

nvestigations of allegations of torture

• Independent

criminal trials

against perpetrators of torture (police, military, intelligence etc.) • Independent

civil proceedings

aimed at providing victims of torture with adequate reparation for the harm suffered 3

Manfred Nowak - CAT

2. The Role of Civil Society and the Media

• Investigating and reporting about torture and CIDT • Visiting places of detention (e.g. as members of an NPM) • Cooperation with international monitoring bodies 4

Thank you for your attention!

Questions & Answers

Manfred Nowak - CAT 5