المعالجة التشريعية لجريمة التعذيب في قانون العقوبات الفلسطيني و موائمته و القوانين الدولية

Abstract EN

Human rights are one of the fundamental guarantees of the dignity of the individual and of the inviolable freedoms, and all States shall endeavour to provide and approve these rights to their members in constitutional and ordinary legislation.

The human right to bodily integrity is one of the most important rights to be provided to an individual, whatever his or her character, and the crime of torture is the most serious violation of this right and attack it; States have therefore turned to the conclusion of international conventions against torture for the purpose of their application in times of peace and war.

Each state has individually criminalized the practice of torture and has established penalties for perpetrators in its national legislation, and as such the state Palestine by criminalizing torture and imposing sanctions on its practitioners in the Palestinian Penal Code No.

74 of 1936 and No.

16 of 1960; In this study, we discussed the legislative treatment of the crime of torture and the adequacy of the existing provisions to criminalize all acts of torture and whether according to the legislative enactments, the criminalization of torture and the appropriateness of these texts with the Convention against Torture, and at the conclusion of this study, the researcher concluded several Conclusions and recommendations We hope the Palestinian legislator will adopt.