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I. RELEVANT INTERNATIONAL LEGAL NORMS AND STANDARDS ISTANBUL PROTOCOL

jurisprudence, the Committee of Experts on the 111. Arab Charter on Human Rights. The Arab Charter
Rights and Welfare of the Child, which monitors on Human Rights was adopted at a summit of the
implementation of the Charter, has found States League of Arab States in 2004; it entered into force in
responsible for violating article 16 on the basis of their 2008. 176 Article 8 of the Charter explicitly prohibits
failure to protect children from beatings by non-State torture and cruel, degrading, humiliating, or inhuman
actors when such beatings are used as a physical treatment, but not punishment. Article 8 (2) provides
punishment and intended to cause pain or discomfort, for the punishment of acts of torture and ill-treatment,
in some cases rising to the level of torture. 172 with no statutes of limitations, guaranteeing redress,
rehabilitation and compensation for victims.
(e) Additional regional courts, institutions However, the Charter allows the imposition of capital
and instruments punishment, including on persons under 18 years
of age when such punishment is “stipulated in the
108. Economic Community of West African States. The laws in force at the time of the commission of the
judicial organ of the Economic Community of West crime”. 177 Imposing capital punishment on persons
African States is the Community Court of Justice, under 18 at the time of commission of the offence is in
created pursuant to articles 6 and 15 of the revised clear violation of international human rights law. 178
treaty of the Community in 2005. The Court is
competent to examine cases involving alleged human
rights violations and has a mandate to investigate B. International refugee law
and adjudicate allegations of torture, find States and non-refoulement
responsible and award damages to victims. 173
112. The principle of non-refoulement, derived from
109. East African Court of Justice. The East African article 33 of the Convention relating to the Status
Court of Justice was established in November of Refugees, is not only an important component of
2001 pursuant to article 9 of the Treaty for the refugee law, but of international human rights law,
Establishment of the East African Community. particularly with regard to torture and ill-treatment.
The Court is mandated to resolve disputes between The principle of non-refoulement is codified in
member States of the Community. Complainants international conventions 179 and considered as part
may bring suits against State parties for violating of the prohibition of torture and ill-treatment 180
their right to freedom from torture and ill-treatment according to the well-established case law of the
protected under article 7 (2) of the Treaty. 174 Human Rights Committee 181 and the European
Court of Human Rights. 182 The Convention relating
110. Association of Southeast Asian Nations (ASEAN) to the Status of Refugees defines non-refoulement
Human Rights Declaration and the ASEAN as the principle prohibiting contracting States from
Intergovernmental Commission on Human Rights. expelling or returning (refouler) refugees in any
The ASEAN Human Rights Declaration provides that: manner whatsoever to the frontiers of territories
“No person shall be subject to torture or to cruel, where their lives or freedom would be threatened on
inhuman or degrading treatment or punishment.” 175 account of their race, religion, nationality, membership

172 African Committee of Experts on the Rights and Welfare of the Child, Centre for Human Rights (University of Pretoria) and La Rencontre africaine pour la défense des droits
de l’homme (Senegal) v. Senegal, Decision, 15 April 2014, paras. 62–68.
173 Community Court of Justice, Federation of African Journalists and Others v. the Gambia, ECW/CCJ/JUD/04/18, Judgment, 13 March 2018, paras. 60–62; and Adamu
and Seven Others v. Federal Republic of Nigeria, ECW/CCJ/JUD/33/19, Judgment, 9 December 2019, pp. 56–57 (finding that the Court is competent to hear the
applicants’ claims of a violation of article 5).
174 East African Court of Justice, Plaxeda Rugumba v. Secretary General of the East African Community and the Attorney General of Rwanda, Reference No. 8 of 2010,
Judgment, 1 December 2011 (using article 7 (2) of the Treaty (good governance) to bring a complaint against the State for conditions of incommunicado detention).
175 ASEAN Human Rights Declaration (Phnom Penh, 19 November 2012), general principle 14.
176 Arab Charter on Human Rights (Tunis, 22 May 2004).
177 Ibid., art. 7 (1).
178 See explicit prohibitions in the Convention on the Rights of the Child, art. 37 (a), and the International Covenant on Civil and Political Rights, art. 6 (5).
179 Convention against Torture, art. 3; and Convention relating to the Status of Refugees, art. 33.
180 International Covenant on Civil and Political Rights, art. 7; and European Convention on Human Rights, art. 3.
181 Human Rights Committee, Kindler v. Canada (CCPR/C/48/D/470/1991), para. 13.2; and Human Rights Committee, general comment No. 20 (1992), para. 9.
182 European Court of Human Rights, Jabari v. Turkey, application No. 40035/98, Judgment, 11 July 2000, para. 38.

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