The Use of Torture, Austria

Committee: Human Rights 1

Question Of: The Use of Torture

Submitted By: Austria

Realizing that the use of torture is common practice in some nations as reported by the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment,

Affirming that the use of torture is condemned in the Universal Declaration of Human Rights (1946), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984), and the Optional Protocol to the Convention (2002)

Fully aware that most cases of torture could be enacted in secret without the general public of the nation or the United Nations being aware,

Keeping in mind that the above clause shows that it will be hard for any current UN body to detect all cases of torture or to report these cases to the proper authorities,

Noting the “ticking time bomb” thought experiment which highlights when or even if the use of torture is acceptable in some cases,

Deeply concerned that there is controversy regarding who has the right to claim that torture can be used and who cannot,

Confident that a decriminalisation of some methods and needs for torture would cause universal benefits,

1. Calls for the united agreement that torture in some cases can be the only way to extract vital information needed to save lives;
2. Requests the expansion of the current Optional Protocol to the Convention against Torture (OPCAT) and the Subcommittee on Prevention of Torture into the Combined Association of Torture: Registration and Evaluation Committee or CATREC;
3. Further calls for the requirement of all nations to report cases of to CATREC retrospectively;
4. Proclaims that CATREC would then review the situation that caused the torture and would then;
   1. decide whether it was just or not,
   2. decide if there would be or would not be further action,
   3. report the person or persons committing acts of torture to be sentenced in the international criminal court,
   4. impose sizable fines upon the nation in which the torture occurred and the torturer(s) country of citizenship,
5. Endorses the posting of Human Rights Watchers who would be stationed in each nation and have the mandate to observe human rights abuses and report to CATREC;
6. Encourages states to allow Watchers to be free to move in the country under the conditions that they have to follow laws set up by CATREC and the laws of the respective sovereign states;
7. Further proclaims that the penalties outlined in clause 4 would increase considerably in the case of a person or nation who does not report torture to CATREC.