Chapter 8 • International Legal Standards for the Protection of Persons Deprived of Their Liberty
the findings of the European Commission of Human Rights, the Court accepted that
Mr. Aksoy had, inter alia, been subjected to “Palestinian hanging”, meaning that he had
been “stripped naked, with his arms tied together behind his back, and suspended by
his arms”. In the view of the Court:
“this treatment could only have been deliberately inflicted; indeed, a
certain amount of preparation and exertion would have been required to
carry it out. It would appear to have been administered with the aim of
obtaining admissions or information from the applicant. In addition to the
severe pain which it must have caused at the time, the medical evidence
shows that it led to a paralysis of both arms which lasted for some time... .
The Court considers that this treatment was of such a serious and cruel
nature that it can only be described as torture.”55
2.3.3 Corporal punishment
As noted above, the Human Rights Committee considers that “corporal
punishment, including excessive chastisement ordered as punishment for a crime or as
an educative or disciplinary measure”, is covered by the prohibition in article 7 of the
International Covenant on Civil and Political Rights.56 This view was confirmed in the
Osbourne case, where the author had been given a 15-year prison sentence and ordered
to receive 10 strokes of the tamarind switch for illegal possession of a firearm, robbery
with aggravation and wounding with intent. It was held in this case that “irrespective of
the nature of the crime that is to be punished, however brutal it may be, it is the firm
opinion of the Committee that corporal punishment constitutes cruel, inhuman and
degrading treatment or punishment” contrary to article 7 of the Covenant, which
was thus violated.57 The Committee informed the Government that it was “under an
obligation to refrain from carrying out the sentence of whipping upon Mr. Osbourne”,
and, further, that it “should ensure that similar violations do not occur in the future by
repealing the legislative provisions that allow for corporal punishment”.58
*****
With regard to Namibia, the Committee against Torture recommended “the
prompt abolition of corporal punishment” insofar as it was still legally possible under
Namibian law to impose such punishment.59 This Committee has also expressed
concern with regard to the situation in Saudi Arabia, since “sentencing to, and
imposition of, corporal punishments by judicial and administrative authorities,
including, in particular, flogging and amputation of limbs, ... are not in conformity
with” the Convention against Torture and other Cruel, Inhuman or Degrading
Treatment or Punishment.60
****
55 Ibid., p. 2279, para. 64.
56 See General Comment No. 20, United Nations Compilation of General Comments, p. 139, para. 5.
57 Communication No. 759/1997, G. Osbourne v. Jamaica (Views adopted on 15 March 2000), in UN doc. GAOR, A/55/40
(vol. II), p. 138, para. 9.1; emphasis added.
58 Ibid., para. 11.
59 UN doc. GAOR, A/52/44, p. 37, para. 250.
60 See UN doc. CAT/C/XXVIII/CONCL.6 Conclusions and Recommendations: Saudia Arabia, adopted on 15 May 2002, para. 4(b).
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Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers
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