التعذيب و سوء المعاملة : بين إشكالية المفهوم و صعوبة التمييز

الملخص EN

Despite the fact that the right to live becomes valueless once separated from liberty and corporeal well being, and the unanimity of nations regarding the prohibition of torture and mistreatement furthermore forbidden by the law.

However, it is widely agreed that those violations exist in large scales at various places around the globe, in more barbatic and ruthless forms than they have been in ages of darkness and chaos.

This is due in its majority to the fact that the growing importance of the aforementionned laws and charts nationally and internationally, is not met accordingly with a real willingness to enforce them by an appropriate application on the field.

Which make us questionning the purpose behind promulgating these articles and rules in the first place, particularly in the shadow of the reports issued by international institutions and organizations that highlight the existence of such practices in wide proportions during wars as well as in peace, between ennemies and even inside communities.

The previous reality can not be use as a pretence to question the efficiency of the international legislations on the matter, but it urges us to search deeply in order to find the hurdles and the obstacles that created the rift between the text and its application concerning the right of all humanbeings to a fair treatement and the criminalization of torture, cruel treatement and all forms of offending practices.

One of the fundamental factors that led to this situation lays in the ambiguity of the concept and the vagueness of the legal framework, thus we can not discern torture from related identical practices that are close to it but can not be included or considered as a form of it, simply because we have not a full precise definition of this latter.

Giving some goverments and entities the green light to violate and to disclaim their legal obligations in its regard.