Dear Editor,
I refer to your editorial note in response to Dr Prem Misir’s letter in your issue of Wednesday, September 12 last concerning the Government of Guyana’s interpretation (or President Jagdeo’s interpretation) of the concept of ‘torture’ for the purposes of the United Nations Convention Against Torture to which Guyana is a party.
There should be no controversy over the meaning of ‘torture’ for the purposes of the application of the convention.
Article 1 of the convention clearly states what is envisaged by torture for the purposes of the convention. For the benefit of your readers Article 1 of the convention declares as follows: “For the purposes of the Convention, torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity,”
Articles 2, 4 and 14 of the convention set out below should also be of interest to your readers:
“Article 2 (1) Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.
“(2) No exceptional circumstances whatsoever, whether a state of war or a threat or war, internal political instability or any other public emergency, may be invoked as a justification of torture.
“(3) An order from a superior officer or a public authority may not be invoked as a justification of torture.”
“Article 4 (1) Each State Party shall ensure that all acts of torture are offences under its criminal law. The same shall apply to an attempt to commit torture and to an act by any person which constitutes complicity or participation in torture.
“(2) Each State Party shall make these offences punishable by appropriate penalties which take into account their grave nature.”
“Article 14 Each State Party shall ensure that any individual who alleges he has been subjected to torture in any territory under its jurisdiction has the right to complain to and to have his case promptly and impartially examined by its competent authorities. Steps shall be taken to ensure that the complainant and witnesses are protected against all ill-treatment or intimidation as a consequence of his complaint or any evidence given.”
There should be no doubts in the minds of your readers and, indeed, the wider Guyanese public as to the meaning of the concept ‘torture’ for the purpose of the application of the convention and some of the obligations of the Government of Guyana.
Yours faithfully,
(Name and address provided)
