The Politics of Torture in Great Britain, the United States, and Argentina, 1869-1977
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Juicio a Las Juntas Militares (Argentina)
Juicio a las juntas militares (Argentina) The 1985 trial of the Argentinean Military Junta Members is an historical trial which saw the prosecution of the leaders of the three first Argentinean juntas of 1976 – 1983. The hearings were held from 22 April to 9 December 1985. Due to the large number of victims, the Court selected 280 emblematic cases among the 709 cases presented by the Prosecution. The Prosecutor’s closing argument, with its “ ¡ nuncas mas !”, remains historical. On 9 December 1985, the verdict stated that the Military Juntas had “developed and implemented a criminal plan to fight terrorism, leaving considerable discretion to the junior officers of the armed forces to imprison those who where described as ‘subversives’ by the intelligence services; to torture them; to subject them to inhumane living conditions; and ultimately to decide freely on the final fate of their victims: being transferred to the legal system (judiciary or police), being released, or being simply executed” (unofficial translation of an extract of the judgment). Jorge Rafael Videla and Emilio Eduardo Massera (first Junta) were sentenced to life imprisonment. Roberto Eduardo Viola (second Junta) was sentenced to 17 years’ imprisonment, Armando Lambruschini (second Junta) to 8 years and Orlando Ramón Agosti (first Junta) to 4 years. Omar Graffigna (second Junta), Leopoldo Galtieri, Jorge Isaac Anaya et Basilio Lami Dozo (third Junta) were acquitted for lack of evidence. This trial is the first in South-America where former dictators were brought before judges by a democratic government. On 29 December 1990, Argentinean President Carlos Menen published Decree 2741/90 pardoning the accused sentenced during the 1985 trial. -
Publicationsthe Prohibition of Torture
THE PROHIBITION OF TORTURE: AN INTRODUCTORY GUIDE This is a publication of the Center for Hu- man Rights & Humanitarian Law at American University College of Law — authored by Associate Director of Impact Litigation and the Kovler Project Against Torture Jennifer de Laurentiis and Assistant Director of the Anti- Torture Initiative Andra Nicolescu, and designed by Center Program Coordinator Anastassia Fagan. TABLE OF CONTENTS MESSAGE FROM DEAN CAMILLE A. NELSON.......................................................................................................i MESSAGE FROM CENTER DIRECTOR, PROFESSOR MACARENA SAEZ.........................................................ii INTRODUCTION: WHY DOES THE PROHIBITION OF TORTURE AND OTHER ILL-TREATMENT MATTER?...............................................................................................................1 WHAT IS TORTURE?.....................................................................................................................................................2 WHAT ARE “OTHER ACTS OF CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT WHICH DO NOT AMOUNT TO TORTURE?”...................................................5 WHAT IS THE DISTINCTION BETWEEN TORTURE & OTHER ILL-TREATMENT?...........................................6 CAN PRIVATE ACTORS COMMIT “TORTURE”?......................................................................................................7 WHAT DOES THE CONVENTION AGAINST TORTURE REQUIRE?.....................................................................9 -
Josephine Butler, Autobiographical Writings
LJMU Research Online Matthews-Jones, LM ‘Granny thinking what she is going to write in her book’: religion, politics and the Pontefract by-election of 1872 in Josephine Butler’s Personal Reminiscences of a Great Crusade (1896) http://researchonline.ljmu.ac.uk/id/eprint/4999/ Article Citation (please note it is advisable to refer to the publisher’s version if you intend to cite from this work) Matthews-Jones, LM (2016) ‘Granny thinking what she is going to write in her book’: religion, politics and the Pontefract by-election of 1872 in Josephine Butler’s Personal Reminiscences of a Great Crusade (1896). Women's History Review, 26 (6). pp. 935-952. ISSN 1747-583X LJMU has developed LJMU Research Online for users to access the research output of the University more effectively. Copyright © and Moral Rights for the papers on this site are retained by the individual authors and/or other copyright owners. Users may download and/or print one copy of any article(s) in LJMU Research Online to facilitate their private study or for non-commercial research. You may not engage in further distribution of the material or use it for any profit-making activities or any commercial gain. The version presented here may differ from the published version or from the version of the record. Please see the repository URL above for details on accessing the published version and note that access may require a subscription. For more information please contact [email protected] http://researchonline.ljmu.ac.uk/ ‘Granny thinking what she is going to write in her book’: religion, politics and the Pontefract by-election of 1872 in Josephine Butler’s Personal Reminiscences of a Great Crusade (1896) Lucinda Matthews-Jones Abstract Josephine Butler’s Personal Reminiscences of a Great Crusade (1896) has long been considered as one of the crucial pieces of evidence for the campaign against the Contagious Diseases Acts. -
97 Little Forbidden Ground
Social policy Tony Little examines Gladstone’s role in the introduction and abolition of the Contagious Diseases Acts The Forbidden Ground Gladstone and the Contagious Diseases Acts Despite their fter a Commons debate on military was added to the specified towns. The medical spending in May 1864, Sir John Trelawny, examination could be repeated at regular inter- quiet passage, the Athe Radical MP, recorded in his diary, ‘I vals for up to year. A further Act, in 1869, added took occasion to mention the necessity of provid- six further towns, and raised the maximum Contagious Dis- ing measures to protect soldiers near large towns detention to nine months.6 A number of colonies eases Acts proved from some contagious diseases & several members adopted similar arrangements but Scotland had its confirmed my advice’.1 Three weeks later the gov- own regime. to be some of the ernment chief whip 2 persuaded Trelawny to delay Despite their quiet passage, the Contagious a critical motion for a week to allow the navy Diseases Acts proved to be some of the most con- most controver- minister3 ‘to introduce 2 bills he has prepared & troversial of Victorian laws and the campaign get them read a second time.’ Trelawney assured against them is viewed as a pioneering feminist sial of Victorian him that he ‘was only concerned to see govern- crusade. Gladstone is not usually associated with ment move in the matter’.4 On 18 July 1864 he the Contagious Diseases Acts. But he was Chan- laws and the cam- concluded, cellor of the Exchequer in Palmerston’s govern- ment which passed the initial legislation. -
Reproductive Rights Violations As Torture Or Ill-Treatment
REPRODUCTIVE RIGHTS VIOLATIONS AS TORTURE OR ILL-TREATMENT CAT Committee Jurisprudence on Violations of Reproductive Rights The Committee against Torture (CAT Committee) has found that several restrictions on access to reproductive health services and abuses that occur when seeking these services may constitute violations of the Convention against Torture (CAT) because they put women’s health and lives at risk or may otherwise cause them severe physical or mental pain or suffering. For instance, the CAT Committee has found that complete bans on abortion, which exist in only five countries in the world (Nicaragua, El Salvador, Chile, Malta, and the Dominican Republic) may constitute torture or ill-treatment on their face, because these laws place women at a risk of preventable maternal mortality. • As the CAT Committee noted in its 2009 review of El Salvador, “the current Criminal Code of 1998 penalizes and punishes with imprisonment for periods ranging from 6 months to 12 years all forms of recourse to voluntary interruption of pregnancy, including in cases of rape or incest, which has resulted in serious harm to women, including death,” recommending that El Salvador take measure to prevent torture and ill-treatment by “providing the required medical treatment, by strengthening family planning programmes and by offering better access to information and reproductive health services, including for adolescents.”1 The CAT Committee has also recommended that abortion be legal in a variety of instances where a pregnancy may cause a woman severe physical or mental suffering. To date, the CAT Committee has found that states have an obligation to ensure access to abortion for women whose health or life is at risk, who are the victims of sexual violence, or who are carrying non- viable fetuses. -
Josephine Butler and Ruth: a Case Study on How Literature Can Instigate Social and Legal Reform Regarding the Fallen Woman
Running head: JOSEPHINE AND RUTH 1 Josephine Butler and Ruth: A Case Study on How Literature Can Instigate Social and Legal Reform Regarding the Fallen Woman Christiana Johnson A Senior Thesis submitted in partial fulfillment of the requirements for graduation in the Honors Program Liberty University Spring 2017 JOSEPHINE BUTLER AND RUTH 2 Acceptance of Senior Honors Thesis This Senior Honors Thesis is accepted in partial fulfillment of the requirements for graduation from the Honors Program of Liberty University. ______________________________ Matthew Towles, Ph.D. Thesis Chair ______________________________ Marybeth Baggett, Ph.D. Committee Member ______________________________ Kristen Hark, Ph.D. Committee Member ______________________________ James H. Nutter, D.A. Honors Director ______________________________ Date JOSEPHINE BUTLER AND RUTH 3 Abstract This thesis analyzes how the protagonist in Elizabeth Gaskell’s novel Ruth (1853) challenged the stereotypes projected onto the fallen woman in nineteenth century England. The prime moral figure, Mr. Benson, a clergyman in the story, cares for Ruth and provides for her with the help of his sister. Their kindness to a woman who would have been considered an outcast argues for a different response to sin than what society suggested. After reading the novel, Josephine Butler acted upon the novel’s ethos and became an activist for women who were viewed as social outcasts because they were prostitutes or unwed mothers. This eventually led not only to social reform, but also legal, as her work helped repeal the Contagious Diseases Act in 1886 (Watt 1). This had long lasting implications for women’s emancipation movement (Hamilton 27). The novel’s influence on Butler shows how literature can challenge, on moral grounds, people’s reactions to those less fortunate, as well as motivate practical change in the forms of social and legal activism and reform. -
Torture and the Cruel, Inhuman and Degrading Treatment of Detainees: the Effectiveness and Consequences of 'Enhanced
TORTURE AND THE CRUEL, INHUMAN AND DE- GRADING TREATMENT OF DETAINEES: THE EFFECTIVENESS AND CONSEQUENCES OF ‘EN- HANCED’ INTERROGATION HEARING BEFORE THE SUBCOMMITTEE ON THE CONSTITUTION, CIVIL RIGHTS, AND CIVIL LIBERTIES OF THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES ONE HUNDRED TENTH CONGRESS FIRST SESSION NOVEMBER 8, 2007 Serial No. 110–94 Printed for the use of the Committee on the Judiciary ( Available via the World Wide Web: http://judiciary.house.gov U.S. GOVERNMENT PRINTING OFFICE 38–765 PDF WASHINGTON : 2008 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate Aug 31 2005 15:46 Jul 29, 2008 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 H:\WORK\CONST\110807\38765.000 HJUD1 PsN: 38765 COMMITTEE ON THE JUDICIARY JOHN CONYERS, JR., Michigan, Chairman HOWARD L. BERMAN, California LAMAR SMITH, Texas RICK BOUCHER, Virginia F. JAMES SENSENBRENNER, JR., JERROLD NADLER, New York Wisconsin ROBERT C. ‘‘BOBBY’’ SCOTT, Virginia HOWARD COBLE, North Carolina MELVIN L. WATT, North Carolina ELTON GALLEGLY, California ZOE LOFGREN, California BOB GOODLATTE, Virginia SHEILA JACKSON LEE, Texas STEVE CHABOT, Ohio MAXINE WATERS, California DANIEL E. LUNGREN, California WILLIAM D. DELAHUNT, Massachusetts CHRIS CANNON, Utah ROBERT WEXLER, Florida RIC KELLER, Florida LINDA T. SA´ NCHEZ, California DARRELL ISSA, California STEVE COHEN, Tennessee MIKE PENCE, Indiana HANK JOHNSON, Georgia J. RANDY FORBES, Virginia BETTY SUTTON, Ohio STEVE KING, Iowa LUIS V. GUTIERREZ, Illinois TOM FEENEY, Florida BRAD SHERMAN, California TRENT FRANKS, Arizona TAMMY BALDWIN, Wisconsin LOUIE GOHMERT, Texas ANTHONY D. -
“The Defection of Women”: the New Zealand Contagious Diseases Act Repeal Campaign and Transnational Feminist Dialogue in the Late Nineteenth Century
1 “The Defection of Women”: the New Zealand Contagious Diseases Act Repeal Campaign and Transnational Feminist Dialogue in the Late Nineteenth Century James Keating (UNSW) [email protected] Author accepted manuscript of ‘“The Defection of Women”: the New Zealand Contagious Diseases Act Repeal Campaign and Transnational Feminist Dialogue in the Late Nineteenth Century,’ Women’s History Review 25, no. 2 (2016): 187–206. 2 Abstract: Over the past decade, historians have situated feminist reformers’ efforts to dismantle the British imperial contagious diseases apparatus at the heart of the transnational turn in women’s history. New Zealand was an early emulator of British prostitution regulations, which provoked an organised repeal campaign in the 1880s, yet the colony is seldom considered in these debates. Tracing the dialogue concerning the repeal of contagious diseases legislation between British and New Zealand feminists in the 1890s, this article reaffirms the salience of political developments in the settler colonies for metropolitan reformers. A close reading of these interactions, catalysed by the Auckland Women’s Liberal League’s endorsement of the Act in 1895, reveals recently enfranchised New Zealand women’s desire to act as model citizens for the benefit of metropolitan suffragists. Furthermore, it highlights the asymmetries that remained characteristic of the relationship between British feminists and their enfranchised Antipodean counterparts. 3 ‘The Defection of Women’: the New Zealand Contagious Diseases Act repeal campaign and transnational feminist dialogue in the late nineteenth century Despairing of the faltering imperial campaign to abolish state-regulated prostitution, in 1895 the British social purity activist Josephine Butler decried the tendency for women’s organisations to advocate regulation. -
Application of the US Torture Statute to the Physical and Psychological
Rape as Torture: Application of the U.S. Torture Statute to the Physical and Psychological Consequences of Rape and Sexual Violence on Victims Lindsay Gorman Rape is considered a crime against humanity and an act of torture in international law in large part due to its severe physical and psychological effects on individuals and communities. It is not the purpose of this memorandum to contrast U.S. and international jurisprudence, but rather to explore these physical and psychological effects common to incidents of sexual violence with an eye towards situating this crime within the bounds of the U.S. torture statute, 18 U.S.C. §2340. Elsewhere, we discuss the psychological motivations of the perpetrator of these crimes in the interest of satisfying the statute’s specific intent requirement. Here, our focus is on the victims—and precisely on showing that rape and sexual crimes indisputably meet Title 18’s severity standards. In this section, we will show that rape and sexual crimes: (1) have the potential to cause severe physical pain or suffering; (2) result in prolonged mental harm; and (3) cause this prolonged mental harm via circumstances enumerated under the U.S. torture statute. Points (2) and (3) are sufficient to show that rape and sexual violence amount to the “severe mental pain or suffering” stipulated by the statute. (1) “torture” means an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) -
The Right to Political Participation in International Law
The Right to Political Participation In International Law Gregory H. Fox I. INTRODUCTION ................................................ 540 I1. THE EMERGING INTERNATIONAL LAW OF PARTICIPATORY RIGHTS ................. 544 A. ParticipatoryRights Before 1948: The Reign of the State Sovereignty Approach ..... 544 B. The Nature and Scope of Post-War Treaty-Based ParticipatoryRights ........... 552 1. The InternationalCovenant on Civil and PoliticalRights ................ 553 a. Non-Discrimination .................................... 553 b. The Right to Take Part in Public Affairs........................ 555 c. Requirements Concerning Elections ........................... 555 2. The FirstProtocol to the European Convention on Human Rights ........... 560 a. Rights Concerning Elections ................................ 561 b. Non-Discrimination .................................... 563 3. The American Convention on Hwnan Rights ........................ 565 4. Other InternationalInstruments Guaranteeing ParticipatoryRights .......... 568 a. The African Charteron Hwnan and Peoples' Rights ................ 568 b. Council on Security and Co-operationin Europe Accords ............. 568 5. Summary of Treaty-Based Norms ................................ 570 II. INTERNATIONAL ELECTION MONITORING: THE ELABORATION AND ENFORCEMENT OF PARTICIPATORY RIGHTS ......................................... 570 A. Election Monitoring Priorto 1945 .................................. 571 B. Monitoring Under the United Nations System .......................... 572 1. The -
Abuelas De Plaza De Mayo Photographs of 30 Years in Struggle
Abuelas de Plaza de Mayo Photographs of 30 Years in Struggle Idea Abel Madariaga Compilation and production Alejandro Reynoso Text José María Pasquini Durán Captions Guillermo Wulff Design and digital retouching Horacio Petre Translation Tamara Lamela We thank the photographers and the press for their collaboration in the production of this book Copyrighted according to Argentine Law 11723 2 Abuelas de Plaza de Mayo Photographs of 30 Years in Struggle 3 4 1 were arrested. Was it not irresponsible of the youth to procreate The Wait when their own lives were at risk? In any case, they did it because they were completely confident about victory and they deeply J. M. Pasquini Durán* believed in another possible world and in another possible life for future generations. After all, instances of glorious insubordination had taken place during the 60s: the Cordobazo, the Cuban Revolution, Some of the photographs in this book could belong to any the events of May 1968 in France, and the groundbreaking music of family album: their protagonists are not heroes or bandits, but just The Beatles, just to name a few among many others. At the outset, ordinary people, in most cases young men and women who only the 70s looked promising: Chile, for the first time, had a socialist differed in the type of dreams they had. Other photographs, by president popularly elected and, here, Argentina saw the end of the contrast, should be exhibited at a horror museum to be duly eighteen-year proscription of Peronismo, the country’s biggest condemned by future generations. The so very different pictures of popular political movement during the second half of the 20th this collection, beyond the good work of their authors, aim to century. -
Argentinian Photography During the Military Dictatorship (1976-1983)
City University of New York (CUNY) CUNY Academic Works All Dissertations, Theses, and Capstone Projects Dissertations, Theses, and Capstone Projects 9-2015 A Light in the Darkness: Argentinian Photography During the Military Dictatorship (1976-1983) Ana Tallone Graduate Center, City University of New York How does access to this work benefit ou?y Let us know! More information about this work at: https://academicworks.cuny.edu/gc_etds/1152 Discover additional works at: https://academicworks.cuny.edu This work is made publicly available by the City University of New York (CUNY). Contact: [email protected] A LIGHT IN THE DARKNESS: ARGENTINIAN PHOTOGRAPHY DURING THE MILITARY DICTATORSHIP (1976-1983) by Ana Tallone A dissertation submitted to the Graduate Faculty in Art History in partial fulfillment of the requirements for the degree of Doctor of Philosophy, The City University of New York 2015 © 2015 Ana Tallone All Rights Reserved ! ii! This manuscript has been read and accepted for the Graduate Faculty in Art History in satisfaction of the dissertation requirement for the degree of Doctor of Philosophy. Katherine Manthorne _____________________ ______________________________ Date Chair of Examining Committee Rachel Kousser ______________________ ______________________________ Date Executive Officer Geoffrey Batchen Anna Indych-López Jordana Mendelson Supervisory Committee ! iii! ABSTRACT A Light in the Darkness: Argentinian Photography During the Military Dictatorship (1976-1983) by Ana Tallone Adviser: Katherine Manthorne In 2006, on the thirtieth anniversary of the military coup that brought Argentinian democracy to a halt, a group of photojournalists put together an outstanding exhibition of images from the dictatorship.1 This dissertation critically engages with the most enduring photojournalistic works produced during this period and featured in the landmark retrospective.