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The perniciousness of discussions on the reconsideration of international law in the field of protection from torture in the global media space

https://doi.org/10.24833/2073-8420-2021-4-61-20-32

Abstract

Introduction. The article reveals the inconsistency of the tendency in the international media space to question the universal principles of international law on the example of the discussion on the preservation of the provision of protection against torture and other cruel, inhuman or degrading treatment and punishment of people in the context of global terrorist threats. The activity of international governmental and nongovernmental organizations in the fight against torture is analyzed. The main emphasis is placed on the peculiarities and law enforcement practice of international legal legislation in the area of prohibition of the use of torture. Problems related to the prevention and spread of torture are studied, the dynamics of the development of national legislation in some states regarding the legalization of torture is examined, an example of violation of the prohibition of torture is given, as well as the position of the European Court of Human Rights regarding the use of torture.

Materials and methods. The author of the article carries out a systematic analysis, comparative and formal legal methods of international legislation against torture and other cruel, inhuman or degrading treatment or punishment. Scientific and general scientific methods of cognition of the specifics of international legal legislation in the field of prohibition of the use of torture and the death penalty as a capital punishment, - namely descriptive, - are applied in this article.

Results. For several decades, a system of international law has been created, which has given an interpretation of the concept of "torture", has introduced a complete ban on the use of torture and other cruel, inhuman or degrading treatment or punishment. The prohibition of torture is absolute. Torture is prohibited by international law, the laws of most countries in the world, the UN Convention against Torture, the Geneva Conventions and other international documents. This prohibition is absolute and does not allow any exceptions, which, however, is not always the case, giving rise to national and world media outlets to intensify discussions on the admissibility of revising these norms of international law in the interests of countering terrorist threats.

Discussion and Conclusion. Despite the development of legislation in the field of combating torture, there are a number of problems of compliance with this norm of international law. Among them: the problem of defining the concept of "cruel, inhuman or degrading treatment or punishment", the problem of violation of international legal acts in this area, the ethical factor in the use of torture and others. An important problem is the issue of classifying the death penalty as the highest measure of torture and punishment, discussions about which will continue for a long time. In this situation, the important priority areas of the UN and other international organizations are the fight against the use of torture, the call for the introduction of a complete ban on torture, the strengthening of guarantees of the rights of citizens to be protected from them or the right to humanitarian, economic and psychological assistance in the event of torture in relation to him, encouraging the conduct of awareness-raising activities at the civil level, explaining their unconditional legislative prohibition, immorality and inhumanity. An important task for all states is to continue work to achieve a universal and complete prohibition of torture, protect the rights of citizens and build an inclusive, multilateral and trusting dialogue between all states, members of international organizations, as well as its provision at the federal, regional and local levels with the use of information and communication media policy tools and with the participation of the entire civil society.

About the Authors

P. V. Menshikov
Moscow State Institute of International Relations of the Ministry of Foreign Affairs of Russia
Russian Federation

Petr V. Menshikov, Candidate of Historical Sciences, Associate Professor, Head of the Department of Media Policy and Public Relations



L. K. Mikhina
Moscow State Institute of International Relations of the Ministry of Foreign Affairs of Russia
Russian Federation

Laurita K. Mikhina, undergraduate student of the Department of MPandPR "New Media and Strategic Communications"



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Review

For citations:


Menshikov P.V., Mikhina L.K. The perniciousness of discussions on the reconsideration of international law in the field of protection from torture in the global media space. Journal of Law and Administration. 2021;17(4):20-32. (In Russ.) https://doi.org/10.24833/2073-8420-2021-4-61-20-32

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ISSN 2073-8420 (Print)
ISSN 2587-5736 (Online)