Jenet Cory

Bio: Jenet Cory is an academic researcher from Binghamton University. The author has contributed to research in topics: Human rights & Convention. The author has an hindex of 1, co-authored 1 publications receiving 2 citations.

Perspectives on Torture in Great Britain, Northern Ireland, the United States, Canada, and Australia

Abstract: Historically, torture was used in Greek and Roman societies, as well as the twelfth-century Europe as a means for “truth” extraction and display of power. Abolition of torture, on the other hand, was connected to the changes in the legal system, establishment of new ways of punishment, and alternative demonstration of control (Foot 2006). After the appalling disregard for human rights during World War II, new treaties and conventions were created aimed at prevention of such heinous crimes. The Universal Declaration of Human Rights, The Geneva Convention on the Protection of Victims of War, and the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) were adopted in recognition of the need to eliminate torture and cruel methods of punishment (Barrett 2001). The Article 3 of the ECHR prohibits torture reading, “No one shall be subjected to torture or to inhuman or degrading treatment or punishment” (Barrett 2001). Although explicitly prohibiting practice of torture, the convention, however, did not define the concept of torture, allowing for its wide interpretation (Barrett 2001). However, if torture was internationally condemned and abolished, with the special emphasis put on the improvements of human rights, the questions about its practice in the modern world remains unanswered.

Current Development, the Council of Europe Addresses CIA Rendition and Detention Program

Abstract: This "current development" piece examines the response of the Council of Europe to evidence that European states participated in the CIA detention and rendition program. Most notably, the Council's Venice Commission issued a legal opinion concluding that participation in the CIA program is incompatible with the European Convention of Human Rights (ECHR); and that member states are obligated, not only to refrain from participating themselves in the program, but also to prevent other states from engaging in it in member state jurisdictions. With that latter conclusion, the Commission imposes on member states the obligation to police the activities of other states and effectively imputes to those other states obligations under the ECHR. This is likely to complicate future U.S. efforts to engage in intelligence operations in, through, or with Europe.

Control Orders Post 9-11 and Human Rights in the United Kingdom, Australia and Canada – A Kafkaesque Dilemma?

Abstract: This article aims to assess the impact that the European Convention of Human Rights, incorporated into British law through the Human Rights Act 1998, has had on the control order regime in the United Kingdom. It will discuss recent British jurisprudence on the topical question whether there can be a true balance between the civil liberties of an individual and the need to protect state and society from a continuing terrorist threat. The article compares the UK’s present control order system of summer 2010 with similar legislation, which the Commonwealth jurisdictions of Australia and Canada enacted to protect their nations from the threat of terrorism. It will conclude with a discussion of possible reforms as well as other security measures that have been identified as alternatives to control orders and which form the basis of present UK governmental initiatives to limit scope and impact of Anti Terrorism Legislation.