CAT-Commentary

Torture is one of the most serious violations of human rights and constitutes a direct attack an the core of the human person und dignity. Although torture is absolutely and universally prohibited by international treaty and customary law, with no exceptions, limitations or derogations permissible even in time of war and emergency, it is systematically practised in a considerable number of countries in all regions of the world. The international community reacted to the renaissance of torture in the second half of the 20th century with a number of special treaties, mechanisms and procedures. The most important of these special treaties is the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), which was adopted by the General Assembly of the United Nations in 1984 and entered into force in 1987. More than 130 States are parties to CAT, which contains various obligations of States to prevent the practice of torture and to ensure that domestic criminal law and procedure is amended in a manner that all perpetrators of torture, whatever their nationality and wherever they committed this crime, will be brought to justice and sentenced with appropriate penalties. The United Nations Committee against Torture, an independent body of 10 experts, is entrusted with the task of monitoring States`compliance with their obligations under the Convention. To this end, the Committee examines States reports, carries out inquiries and decides about inter-State and individual complaints. The CAT-Commentary will provide an article by article commentary of all substantive and procedural provisions of CAT and its first Optional Protocol (OP), which was adopted in December 2002, taking into account the travaux preparatoires, the case law and other practice of the Committee against Torture, important case law of domestic and international courts, as well as all relevant literature an this topic. The methodology of this monography follows the one developed by the same author in his well-known Commentary an the International Covenant an Civil and Political Rights (CCPR-Commentary) published in German (1989) and English (1993) by Engel Publishing Company with the assistance of the FWF. Presently, the author prepares the 2nd edition of his CCPR- Conunentary at the University of Lund in Sweden. A Chinese translation of the Ist edition will be published in early 2003 by the Chinese Academy of Social Sciences. In September 2002, the author has been requested by Oxford University Press to prepare a CAT Commentary to be published in tbe new series "Oxford Commentaries an International Law".