Impunity as a root cause of the prevalence of torture 2010, para. 90

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Paragraph text: Impunity is one of the root causes of the widespread practice of torture. This was recognized by the international community in the 1980s when adopting the Convention against Torture as the first human rights treaty with detailed obligations to criminalize torture, to establish broad jurisdictional competences, to investigate all allegations or suspicions of torture, and to arrest suspected perpetrators of torture and bring them to justice. In most of the 147 States parties to the Convention against Torture, those legal obligations, deriving from articles 4 to 9, 12 and 13 of the Convention, have not been implemented. States should, first of all, ensure through legislative measures that torture, as defined in article 1 of the Convention, is made a crime with appropriate penalties, which must be applicable on the basis of the principles of territoriality, nationality and universal jurisdiction. Secondly, States shall establish professional authorities to promptly and impartially investigate all allegations and suspicions of torture, with the aim of identifying the perpetrators, including superior officers who ordered or condoned torture, and bringing them to justice.

Body: Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment

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Person(s) affected