المعايير الدولية لاتفاقية مناهضة التعذيب 1984 و مدى اتساقها مع القانون العراقي

الملخص EN

This study discusses an extremely important issue which is the accordance between the rules of the Iraqi Law with the International Standards related to acts of torture and abuse and all things that lead to such acts.

Torture is considered a dangerous violation of human rights and an international crime by various international and territorial documents whether related to human rights or the international or the non-international armed conflict.

The rule of torture prohibition has been upgraded to the level of imperative rules in the Customary International law, moreover the definition of torture is considered, according to the elements mentioned in the Convention against Torture, one of rules of the customary international humanitarian law.

This study focuses on how the Iraqi law (the Iraqi Penal Law, Criminal Procedure Code, Interior Security Forces Penal Code and their Criminal Procedure Law) treats the rules and principles made compulsory by the Convention Against Torture on its parties including Iraq, and its attempts to heal the gaps and solve obstacles that prevents the implementation of the international standards to secure justice and to achieve the legal sentence after its issuing.