State-sanctioned torture in Uzbekistan and beyond : a legal analysis

MALLINDER, Benjamin Thomas Harding (2017). State-sanctioned torture in Uzbekistan and beyond : a legal analysis. Masters, Sheffield Hallam University.

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Link to published version:: 10.7190/shu-thesis-00003


This purpose of this study is to provide a greater understanding and awareness of the existence of state-sanctioned torture that is being committed in Uzbekistan. In the early chapters, the definitions, meanings and understanding of what torture is and represents in a contemporary society are investigated, whilst the historical origins, uses and justifications for torture are also explored. Following this, the main case study, Uzbekistan, is formally introduced. Torture in Uzbekistan is endemic, and wholly supported by its authoritarian government. This study investigates why that is the case; Chapter 3 in particular critically examines Uzbek domestic law to determine its current legal position, and compares this stance with the international provisions relating to torture. This study also investigates the instances of torture in both Europe and Latin America, in order to draw similar comparisons with Uzbekistan, and to provide contextualisation. This involves examining key cases such as Ireland v UK, Tomasi v France and Selmouni v France. The conclusions drawn from the European legal landscape illustrate that torture is very much the exception rather than the norm, and that through clear precedent and rigorous protection of both Article 3 of the European Convention on Human Rights and Article 5 of the Universal Declaration of Human Rights, as well as relevant domestic law, European judges are well-placed to make torture a thankfully rare occurrence. Latin America is exposed in Chapter 5 as having had a more problematic and legally concerning history of torture; in particular the dictatorships of Pinochet of Chile, Peron of Argentina, and Branco of Brazil during the 1960s, 1970s and 1980s. These regimes and the torture that was authorised under the command of these leaders are contrasted with that of former President Karimov of Uzbekistan, who ruled from 1992 to 2016. The leaders of these nations have trodden similar paths with regard to state-sanctioned torture, and again, provide relevant contextualisation and precedent for Uzbekistan to be compared to. The difficulty Uzbekistan faces with its history of torture is then addressed in the closing chapters of this thesis, and questions are raised about its likely future occurrence and potential reforms, which may serve to limit or prevent this.

Item Type: Thesis (Masters)
Additional Information: Supervisors: Sam Burton, Alan S. Reid
Research Institute, Centre or Group: Sheffield Hallam Doctoral Theses
Identification Number: 10.7190/shu-thesis-00003
Depositing User: Hilary Ridgway
Date Deposited: 21 Feb 2018 14:20
Last Modified: 21 Feb 2018 14:29

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