Prohibition of Torture and The Fight Against Terrorism — Farhad Jahangosha

CONTENTS LIST OF ABBREVIATIONS XI INTRODUCTION 1 CHAPTER I CONCEPT AND LEGAL NATURE OF TORTURE AND TERRORISM 5 1 1 A Brief History of Torture 5 A Torture in the Ancient World 5 B The End of Torture and the Emergence of Legal Texts Fundamentals of Human Rights 15 1 2 The De minimis Rule and the ECtHR Jurisdiction 18 1 3 The Nature and Essential Pillars of Terrorism 29 A Old and New Terrorism Past and Present Terrorist Activities 29 B The Shifting Nature of Terrorism in Information Age Cyberterrorism 34 C Historical Origins of Terrorism From Antiquity to the Present 36 CHAPTER II TORTURE AS A METHOD AGAINST TERRORISM THE INTERACTION BETWEEN TERRORISM AND TORTURE 43 2 1 Legal Framework of Prohibition of Torture Regional and International Jurisdiction 43 2 2 What are the Dynamics of Political Crime 50 2 3 The Non derogable Nature of the Prohibition of Torture Absolutism and Non absolutism Theories 60 2 4 Legitimacy of Torture for Anti terrorist Purposes Practice of States and Ticking Time Bomb Scenario 63 A Methods of Obtaining Information 63 B Legitimacy of Torture in the Practice of States 67 X 2 5 International Counter terrorism Sanctions International Legal Status of Terrorists 82 A General Sanctions 82 B Targeted Smart Sanctions 84 I United Nations Counter terrorism Policy 84 II NATO s Counter terrorism Policy 99 III INTERPOL s Counter terrorism Policy 102 CHAPTER III TERRORISM AS A SECURITY THREAT IN AZERBAIJAN AND STRATEGIES FOR COMBATING IT 111 3 1 Terrorism as an Integral Part of the Armenia s State Policy and its Application against Azerbaijan 111 3 2 The Role of the Commissioner for Human Rights Ombudsman of the Republic of Azerbaijan in Combating Terrorism and Ecocide 122 3 3 Methods of Combating Terrorism in Azerbaijan Legal Status of Returned Terrorist Fighters 129 A Introduction 129 B Sanctions against Terrorism in the Republic of Azerbaijan 130 I Criminal Prosecution and Criminal legal Sanctions 131 II Administrative Monetary Sanctions 134 III Financial Sanctions 134 IV Deprivation of Citizenship Denaturalization of the Republic of Azerbaijan 139 V Prohibition of Entry to the Republic of Azerbaijan 140 3 4 The Role of the Commissioner for Human Rights Ombudsman of the Republic of Azerbaijan against Torture from the Criminal Confession Aspect 140 CONCLUSION 145 BIBLIOGRAPHY 149 ANNEXES 163