Definition and meaning of torture in criminal law

Abstract

Torture crimes fall within the category of serious offences, demanding an exceptionally high standard of protection. Its legal significance is profound, especially in safeguarding fundamental human rights and dignity. Human dignity is an absolutely protected, inviolable legal good protected by international legislation and the Constitution. Since the Second World War, international organizations have placed significant emphasis on establishing norms to regulate this egregious crime, given the severity and prevalence of the crime of torture, inhuman and degrading treatment is relatively high. Studying the definition, meaning, and essence of the crime of torture has become essential for crime prevention and public awareness. It plays a decisive role in protecting legal goods. By delving into international legislation and historical contexts, we can better analyze the significance of torture in criminal law and identify crucial issues for its qualification. This article aims to provide a comprehensive examination of the international convention’s interpretation of the crime of torture, along with the constitutional and criminal law definitions within Georgia. It will analyze the practices of the European Court of Human Rights concerning Georgian and international norms while also highlighting any gaps and issues within the discourse. Through practical analysis, the article will objectively determine and present the relevance of the research topic.

Keywords

• crime of torture
• definition of torture
• meaning of torture