Is torture against the law?

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Question:

Is torture against the law, or is it, more specifically, a human rights violation?

Answer: (1)

Torture is against the law.  In 1975, the Declaration on Protection of All Persons from Being Subjected to Torture and other Cruel, Inhumane or Degrading Punishment was adopted by the United Nations General Assembly in 1975, and later, in 1984, the Convention  Against Torture and Other Cruel Inhumane or Degrading Treatment or Punishment.  These mechanisms created by the United Nations are an extremely important part of the efforts to universally eradicate torture.

The United States Congress passed the Torture Victim Protection Act in 1991.  This legislation was aimed at mitigating the effects of torture.  Under the Act, a torturer acting under actual or apparent authority may be liable in a civil action for damages to the victim.  Several limitations restrict the eligibility of claims under this act.  The claimant must exhaust all domestic remedies (in the original state) before invoking the Act, and claims are subject to a 10 year statute of limitations.

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