القواعد القانونية الدولية المنظمة لمناهضة التعذيب والاعمال المهينة للإنسانية

Abstract

This study comprises three parts and epilogue and each parts comprises number of chapters and principles. The researcher covers several questions. In section one he discussed the concept of torture and other matters like treatment or inhuman or degrading Treatment or Punishment, then discussed historical developments of practices of torture, reasons and means of these practices and its consequences. Chapter two deals with principles of combating torture in the international, Sudanese and Islamic framework. The researcher tackles principles of combating torture in the universal framework i.e. conventions of United Nations and the regional framework including regional agreements and treaties, then the national principles including constitution, laws and Sudan position of combating torture agreements. In the Islamic framework, the researcher deals with doctrinal schools and the philosophy of these schools in prohibiting torture in addition to the contribution of modern Islamic resources through information and declarations. The researcher deals with valid punishments in Islam like Hudud, quisas and Taazir and the demonstration of these punishments and Jurisprudence and the exlent of considering these punishments torture. In the last chapter the researcher deals with the universal machineries of combating torture through efforts of the United Nations and international organizations. The researcher also tackles regional and national machineries of combating torture, and their efforts in this field. The researcher also deals with machineries of combating torture in the Islamic framework. Lastly the researcher reaches in this study results and recommendations serving the International, regional, nationals and Islamic efforts of limiting torture. These results can be summarized that torture exists from the beginning of the creature, and that Islamic shareia laid down the basic rules to limit degrading of humans generally and torture specifically. The reason of increase of torture cases is that the machineries of combating torture are not sufficient specifically the fact that some regional groups like Arab countries have not made among them any treaties or agreements for combating torture. In Sudan there is still shortage in the field of combating torture, and need ratification of international conventions for combating torture and the different machineries.