THE POSITION OF THE PROHIBITION OF TORTURE IN THE INTERNATIONAL LEGAL SYSTEM: ELUCIDATING LEGAL MECHANISMS

In international documents, various definitions of torture have been presented, with the most comprehensive and reasonable being the definition provided in the Convention Against Torture of 1984. Article 1 of this Convention states that, for the purposes of the Convention, the term "torture" refers to any intentional act that causes severe physical or mental pain or suffering to a person, for the purpose of obtaining information or confessions from him or a third person. It also encompasses punishing a person for an act that he or a third person has committed or is suspected of committing, or threatening or coercing him or a third person. Punishment based on any form of discrimination is also considered torture. However, the same article adds that pain and suffering resulting from the inherent or incidental characteristics of lawful penalties are excluded from this definition. Among the international guarantees against torture in the international legal system are the Convention Against Torture of 1984, the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Geneva Conventions, the Statute of the International Criminal Court, the European Convention on Human Rights, the American Convention on Human Rights, and the African Charter on Human and Peoples' Rights. Establishing the position of the prohibition of torture in the international legal system as one of the absolute principles contributes to preventing violations of the prohibition of torture, upholding human rights, and ensuring fair trials within the judicial process.