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A Change of the u.s. Position Regarding the Extraterritorial Prohibition of Torture – Is It a Breakthrough?

In: International Community Law Review
Author:
Agnieszka Szpak Department of International and European Law, Faculty of Political Science and International Studies, Nicolaus Copernicus University Toruń Poland aszpak@umk.pl

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The author presents and analyses u.s. position regarding the extraterritorial application of the prohibition of torture before and after the change that occurred in November 2014 the Committee Against Torture. At that forum the u.s. stated that the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984 applies to “all places that the State party controls as a governmental authority”. This new test immediately gave rise to a lot of controversies and discussions on its exact meaning. As the author indicated it seems to be narrower than the test of effective control adopted in the jurisprudence of the European Court of Human Rights. The article also contains the review of this jurisprudence.

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