A/79/181
I. Trends and developments
1.
The year 2024 marks the fortieth anniversary of the adoption of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
This treaty, representing the most effective international instrument to reduce this
brutal practice, is approaching universal ratification, with 174 States parties. 1 The
Special Rapporteur welcomes the accession of Tuvalu and congratulates Europe,
Latin America and the League of Arab States for having achieved regional
universality. She commends the efforts of the Convention against Torture Initiative in
leading the campaign.
2.
Slovakia and the Congo joined the Optional Protocol to the Convention against
Torture. Also notable was the establishment of a new national preventive mechanism
in Burkina Faso and two local preventive mechanisms in Brazil.
3.
The Special Rapporteur welcomes amendments to the Penal Code in Côte
d’Ivoire to ensure acts of torture are considered as crimes in all circumstances. At
least 39 torture cases were or are being prosecuted through universal jurisdiction
involving multiple offenders. 2 While the number of prosecutions and convictions for
torture are growing, many States continue to fail to investigate allegations of torture.
Following the latest judgment of the European Court of Human Rights against
Lithuania in respect of Central Intelligence Agency renditions, 3 she laments the
limited domestic criminal proceedings pursued by some countries in respect of earlier
rulings.
4.
Over the past year there has been a devastating rise in torture and other outrages
on human dignity in armed conflict. Evidence gathered by the mandate holder
demonstrates that torture and other inhuman cruelty is part of State policy by Russia
in its war in Ukraine to intimidate, instil fear, punish or extract information and
confessions (A/HRC/55/52/Add.1). In the Sudan, the primary warring parties are
engaged in systematic campaigns involving arbitrary arrest, detention, torture and ill treatment of civilians.
5.
Evidence from the Hamas-led attacks in Israel on 7 October 2023 convincingly
indicate that grave violations of international law took place, including killings,
hostage-taking, torture and sexual torture. 4 The Special Rapporteur intervened with
Israel regarding allegations of torture and other cruel, inhuman or degrading treatment
or punishment against detained Palestinians. 5 She welcomes the decision by the
Israeli High Court of Justice ordering the closure of the Sde Teiman military detention
camp.
6.
The Special Rapporteur welcomes the binding and urgent provisional measures
issued by the International Court of Justice on the Syrian Arab Republic in November
2023, to take all measures necessary to prevent acts of torture and other ill -treatment
and to preserve evidence. However, she has received current and large-scale
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States that are not yet party are Barbados, Bhutan, Brunei Darussalam (signatory), Democratic
People’s Republic of Korea, Dominica, Haiti (signatory), India (signatory), Islamic Republic of
Iran, Jamaica, Malaysia, Micronesia (Federated States of), Myanmar, Palau (signatory), Papua
New Guinea, Saint Lucia, Singapore, Solomon Islands, United Republic of Tanzania, Tonga,
Trinidad and Tobago and Zimbabwe.
TRIAL International and REDRESS, Universal Jurisdiction Annual Review 2024, (2024).
European Court of Human Rights, Al-Hawsawi v. Lithuania, Application No. 6383/17, 16 April
2024.
See https://www.ohchr.org/en/press-releases/2024/01/un-experts-demand-accountability-victimssexual-torture-and-unlawful.
See https://www.ohchr.org/en/press-releases/2024/05/israel-un-expert-calls-probe-allegationstorture-and-mistreatment-against.
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