| Abstract [eng] |
Torture is prohibited in a great number of international treaties. Some of the documents prohibit torture in general terms; some of them propose the definition of torture. The purpose of this research is to analyse how the legal scope of torture definition enshrined in the CAT has changed throughout the years and to what extent the definition of torture is applicable in contemporary legal practice. In the first part the international legal regulation will be discussed explaining which international documents prohibit torture, which of them define torture, what monitoring and judicial mechanisms are created. The definition of torture is differently interpreted in the jurisprudence of international tribunals. The actions which were not defined as torture 50 years ago are understandable as torture in recent jurisprudence. The second part is aimed to analyse how definition of torture evolved in international law during the years and how it was narrowed in the USA practice. Different interpretations of the definition of torture are compared in order to analyse which elements of torture definition enshrined in the CAT used in contemporary international judicial practice and to what extent they are applicable. This explains to what extent definition of torture is applicable by international judicial bodies in contemporary practice and what requirements it should fulfil to ensure the needs of contemporary human values. In the third part the definition of torture applicable in Lithuania will be analysed. There is no clear definition of torture or specific norms criminalising torture in Lithuania, except torture of the animals. The crime of torture is incorporated in to other crimes. This issue is latent for now and no one is trying to resolve it. While the prohibition exists, the legal background for its operation is not prepared and the proper protection from torture could not be ensured inside the state. |
