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Ha Noi, Viet Nam, 6 June 2014

Manfred NowakProfessor of International Law and Human Rights, University of Vienna, Austria

Austrian Chair Visiting Professor at Stanford University, CaliforniaUN Special Rapporteur on Torture (2004-2010)

Domestic Implementation of CAT

International Workshop on the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) and its

Optional Protocol (OPCAT)

Manfred Nowak - CAT

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Table of Contents

1. The Role of Domestic Courts

2. The Role of Civil Society and the Media

Manfred Nowak - CAT

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1.The Role of Domestic Courts

• Right of detainees to habeas corpus: Article 9(4) CCPR: “Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.”

• Ordering and/or conducting prompt and impartial investigations of allegations of torture

• Independent criminal trials against perpetrators of torture (police, military, intelligence etc.)

• Independent civil proceedings aimed at providing victims of torture with adequate reparation for the harm suffered

Manfred Nowak - CAT

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2. The Role of Civil Society and the Media

• Investigating and reporting about torture and CIDT

• Visiting places of detention (e.g. as members of an NPM)

• Cooperation with international monitoring bodies

Manfred Nowak - CAT

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Thank you for your attention!

Questions & Answers