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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Prohibition of Torture

Natasha Simonsen

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 19 April 2021

Prohibition of torture

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.
Managing Editor: Ana Harvey

1. Most constitutions worldwide protect the right not to be subjected to torture. Prohibitions of torture are found even in constitutional instruments which enshrine few other rights; and where the constitution is silent on torture, domestic courts have often held that torture is impliedly prohibited. Of the more than 90 constitutional instruments studied here, none can be construed as permitting or countenancing torture. Of course, the prohibition of torture in law does not mean that torture is absent in fact (on the practice of torture in modern states see eg,...
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