论文信息 - Sharpening the blade: a new law on torture for Australia?

Sharpening the blade: a new law on torture for Australia?

The Crimes Legislation Amendment (Torture Prohibition and Death Penalty Abolition) Act 2010 (Cth) (the 2010 Act) repeals the Crimes (Torture) Act 1988 (Cth) (the 1988 Act) and inserts the offence of torture into the Criminal Code Act 1995 (Cth) as that crime is defined under the Convention Against Torture. The legislation also reduces reliance on the application of state and territory law and clarifies the extraterritorial application of the offence in circumstances where torture is committed overseas. However, the 2010 Act leaves intact many aspects of the 1988 Act, including several significant flaws, and overlooks other possible improvements. In terms of its future prospects, the impact of the 2010 Act upon Australia's investigative resolve and resort by individuals to international mechanisms remains to be seen. The implications of the recent Habib litigation, involving allegations of official complicity in torture, for the 2010 Act are relatively limited. Although the limitations of the new statutory regime will continue to attract international and local criticism, overall this legislative development is to be welcomed.

Stephen Tully | S. Tully

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