This thesis will assess the United Kingdom’s implementation of the United Nations Convention Against Torture and other Cruel Inhuman and Degrading Treatment or Punishment. It will first focus on a contextual analysis of the problem of torture, examining the circumstances in which it has historically been used, philosophical and theoretical perspectives on the practice and the political aspects of torture, including its effect on international relations. This will illustrate the circumstances in which torture is used, the motivation behind it and the way in which it affects its victims. The argument will then be made that, in view of the uniquely grave nature of the practice of torture, it is insufficient for States to merely criminalise it and punish the offenders. They must actively seek to eradicate it from society and ultimately prevent it from occurring. It is against this aim that the thesis will examine the compliance of the United Kingdom with its obligations under the Convention. This examination will look first at the international regime for the prevention of torture, focusing on the work of the United Nations Committee Against Torture. The engagement of the United Kingdom with this body will be explored in detail and the argument made that more needs to be done in order to ensure that the Committee’s recommendations are put into effect and that treatment contrary to the Convention is prevented from taking place. The final part of the thesis will assess the United Kingdom’s State practice with a focus on key institutions of the State including the courts and the legislature. This part of the thesis will seek to explore the extent to which the practices of these institutions is consistent with an overall aim of preventing torture and the extent to which they show awareness of the Convention and its requirements of the Convention in the discharge of their functions. The conclusion will be drawn that, while the Human Rights Act has gone some way towards improving compliance, more needs to be done to insure a complete implementation by the United Kingdom of its obligations under the Convention and full prevention of torture. The State must actively engage with the Committee and the organs of the State must consider the Convention Against Torture in the discharge of all of their functions to ensure that these aims are achieved.

"Torture continues to feature as a serious human rights violation in Africa. This explains why, during its 32nd ordinary session held in Banjul, The Gambia, the African Commission on Human and Peoples' Rights (the African Commission) resolved to adopt the Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa (The Robben Island Guidelines (RIG)). This is a new development in Africa aiming at operationalisng article 5 of the African Charter. The RIG are phrased in a seemingly ambitious language, but their implementation by the African states remains doubtful because they are not legally binding. This has to be viewed in the light of the fact that many African countries are states parties to major regional and international human rights instruments, but human rights violations still persist. ... Chapter I has covered the proposal which includes the background to the study, research question, research methodology, limitation of the study, definition of torture, torture as jus cogens, literature review, and the division of chapters. Chapter II covers a synopsis of the international instruments and mechanisms to combat torture. Chapter III deals with the European and American systems' approach to combating torture. Chapter IV covers the African human rights system and torture, and finally, chapter V includes the general conclusion and recommendations. A draft of the recommended African Charter on the Prevention of Torture which has been drafted after looking at international, the European and Inter-American conventions on torture, has been attached as the main recommendation." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005. / Prepared under the supervision of Professor Julia Sloth-Nielsen at the Faculty of Law of the University of the Western Cape, Republic of South Africa / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM