PROHIBITION OF TORTURE AND THE FIGHT AGAINST TERRORISM

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