Introduction
This convention was first ratified in December tenth, the year 1984. Many member states of the United Nations are signatory of this convention. The convention is against the cruel and unusual treatment of human beings who are in custody for various crimes or who are treated inhumanely in their countries. It also objects to any form of torture inflicted on people (Waldron 2006, p.7).There are various types of torture which include: application of physical pain, emotional torture and death threats.Slavery has also been said to be one of the other form of torture because it implicates people to forced labor against their will. This convention ensures that human rights are enforced and protected at domestic, international and regional levels.
It is also important to note that, all international treaties relating to human rights are binding to all nations irrespective of their status or economies. International law takes place when domestic law fails and also where the governments of these countries do not want to take action.
Achievements and Effectiveness
This policy has had great positive impacts across the globe; for instance, since ratification of this convention, slave trade and other inhumane treatment on people has become something of the past. Since the ratification of this convention, all states are obliged to comply with it and they are also obligated to put up significant measures and laws to curb this indignity (Irwin 2001, 67). It is the requirement of the international law that, all parties should investigate torture allegations in their countries and the victims should be compensated fully. With this law being in place, many people have a chance to enjoy their rights including the right to fair trail, while in prison.
The convention has gained popularity among countries across the globe due to the many humanitarian and non governmental organizations which have been formed; such organizations have helped the convention achieve more positive effects. It is also important to not that, since this convention came into force, there has been a decline of detentions in many countries, where people would be detained and forced to confess certain crimes which they have not committed (Hodge & Cooper 2004, 67).
Shortcoming and Inadequacy
One of the shortcomings of this document is that, not all countries are signatory to the same; there are many atrocities of torture which are still being committed in these countries. The other inadequacy of this law is that, there are no agencies to implement these laws worldwide; hence the implementation process is left to the individual countries.
Police brutality is another type of torture which has not been tamed especially in many countries in Africa. It is usually impossible to stop this type of torture since it is performed by state agencies which are directly answerable to the government. Some of these torture crimes happen in prisons and it becomes virtually impossible to expose them to the international community, hence making the convention short of expectation (Dahleen 2002, 105).
It is in the records that Al Qeada suspects are usually tortured upon arrest and during interrogations by the C.I.A and F.B.I in the United States of America; furthermore United States of America was one of the first countries to ratify the document (Hodge & Cooper 2004, 23-45).It is not only in America that this happens but there are other countries where these crimes are rampant for example in East Africa by which the terrorism bill has been enacted.
Complexities and issues that have been addressed by the policy
This policy has tried to address key issues on torture and has left others aside; it should be given credit on certain issues since the world has become a better place to live in. With the endorsement of this policy other treaties have come up in order to enhance the same, this has made many countries which are signatory to this convention to enrich their bill of rights, since torture falls under this jurisdiction.
The convention has also addressed the issue of immigration in that; immigrants who are in foreign countries cannot be subjected to torture and other inhumane acts by their host countries. It is important to note that any person who orders or allows torture to take place is liable to imprisonment (Cowin 2003, 54).
This policy has also addressed the issue of torture against suspected terrorist in some extent, although this issue needs further redress. This is true because some countries have enacted a bill on terrorism which denies victims good access to law and to some extent allow suspects to be forcefully interrogated.
The policy has fall short of addressing the issue of war crimes; in that many military and some political leaders use torture in order to be popular among the people. Some of these military leaders force people or detainee to stay nude in public, placing of sacks on heads of detainees and electric shocks and some even deny the detainees food and water (Sienho 2004, 87).
Consequences of the policy on international criminal justice system
This policy has reinforced the rights of all accused people; that they are innocent until proven guilty by the court of law. This automatically rules out the forceful confessions by the accused, the accused are also entitled to confront the accusers and has the protection of double jeopardy (Cowin 2003, 35). It is also important to note that since the signing of this policy, the victims in the international criminal court are enabled to argue and present their views in front of the judges. In the past, this was done through a legal representative.
It was through the ratification of this policy that it was found important to start an international criminal court in order to deal with certain issues of torture without discriminating the victims or being impartial. Without this court, many cases would go without being mentioned and the victims would leave without the justice they require (Morten 2003, 45).
This convention now ensures accused persons are well represented in the international court system, since the court is deemed to be just and neutral compared to the local judicial systems. The policy has also helped minimize international crimes which are connected to torture; this has been enabled by the formation of the international court. This has made people who were committing crimes and going scot free to retract their steps (Ratner 2006, 56-76).
With regard to international crime prevention, many police agencies have come up with proper interrogation skills which seem to be more efficient and help in preventing this vice (Kluwern 2002,.78). Without this policy, the agencies would still be using mediocre methods of interrogation and hence incriminating the wrong persons.
Further developments
With such a policy in place, it is important for all member countries to implement in full and also the international body, which is the United Nation, has the obligation to ensure that these states follow the policy to the letter, otherwise there should be consequences, and for example such states should be given sanctions (Scheinin 2006, 45). This policy alone can not curb all issues of torture in the world and there is need for more rules and regulations to be legislated, so as to enhance this law.
All nations signatory to this convention should ensure that not only should they implement the convention but ensure that their neighbors too adhere to this policy otherwise this cannot be achieved.
Suggested changes
To ensure that there is proper implementation of the United Nations convention, all countries should be obligated to sign this important policy. This will ensure that there are no loopholes in the world that will enable crimes of torture to occur (Ratner 2006, 56-76).
In order to achieve the positive ideals of this protocol, it is prudent for the big economies in the world to help the third world countries in implementing this policy. This help may be offered inform of monetary funds or ideological help.
It is also important for the United Nations to start an office in places where it sees that these crimes are rampant, in order to have a closer view and be able to monitor the problem amicably (Morten 2003, 45). For nations which are at war, these crimes are always in the rise and it is prudent for the United Nation to offer military help so as to reduce these crimes.
Conclusion
This paper has underplayed the importance of the United Nations convention on torture and its implications across the globe. Without this policy the world could be in a very serious crisis, since no regulations could be in place to ensure that the people live in harmony.
References
Cowin, J. 2003. ‘Human Rights Treaty Poses Dangers for America’. Heritage Foundation, Chicago: Chicago University Press.
Dahleen, G 2002, ‘Controversial exhibit on lynching opens in Atlanta’ Chicago: Chicago Tribune.
Hodge, J & Cooper, L 2004. ‘Roots of Abu Ghraib in CIA techniques’, Rome: National Catholic Press.
Irwin, A 2001, ‘The Nobel Peace Prize and the Laureates’, An Illustrated Biographical History, New York: Science History Publications.
Kluwern, F 2002 ‘From coercion to deception’, The changing nature of police interrogation in America, New Jersey: Academic Publishers.
Morten, K 2003,’Implementing Human Rights’, The Danish Institute for Human Rights.
Ratner, M 2006,’Pushing Back on Detainee’, Center for Constitutional Rights, Copan Hagen, The Nation archive.
Scheinin, M 2006, ‘Military Commissions’, Human Rights and Counterterrorism, New Jersey: U.N. Press.
Sienho, Y 2004, ‘International crime and punishment’, Selected Issues, Chicago: University Press of America.
Waldron, J 2006, ‘The Rule against Torture’, Legal Archetype, New York: New York Press.