Procedural guarantees of the rule of Law: The abolition of torture

Authors

  • Enrique Cesar Pérez-Luño Robledo Universidad de Sevilla

DOI:

https://doi.org/10.4013/rechtd.2015.73.01

Abstract

This work aims to study, historically and systematically, the reasons and experiences that justified the abolition of torture in criminal proceedings of the rule of law. It analyzes the main international standards that enshrine the prohibition of torture, as well as those concerning the Spanish legal system and our Constitutional Court’s jurisprudence on the subject. Some doctrines and current experiences for the legitimacy of torture are also studied. The article concludes with a critique of these theories and phenomena that justify or use torture as being incompatible with the procedural guarantees of the rule of law.

Keywords: torture, ill-treatment, due process of law, fundamental rights, rule of law.

Author Biography

Enrique Cesar Pérez-Luño Robledo, Universidad de Sevilla

Profesor de Derecho Procesal de la Universidad Loyola de Sevilla y del Instituto Interuniversitario Andaluz de Criminología Universidad de Sevilla.

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Published

2015-08-31

Issue

Vol. 7 No. 3 (2015): Setembro/Dezembro

Section

Articles

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