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embedded in discrimination and prejudice – are hard to repair, and we have seen how
they are easy triggers for hatred against the “other”, provoked for ugly purposes,
including insurrection, coups d’état, election violence, authoritarian rule, occupation
and outright war. Torture is a threat to international peace and security. Confident
human rights-promoting States neither employ nor tolerate torture; if in cidents do
occur, such States root them out quickly and investigate, prosecute and punish those
responsible. Victims are compensated and rehabilitated.
8.
Torture is cruelty, plain and simple. It is inherently inhumane and degrades, in
effect or purpose, the victim. The impact of torture can be physical, psychological,
social, functional and existential. 1 Physical forms of torture often cause psychological
trauma, while psychological torture can result in short - and long-term physiological
symptoms and illnesses; 2 the relationship is non-linear, life-altering and
intergenerational. For families and wider communities too, and for countries, it can
disrupt social norms and community coherence. Such trust is not easily restored.
9.
While there continue to be many sensational or extreme forms of torture that
rightly provoke our collective disgust and moral judgment, the majority of incidents
that fall within the class of prohibited conduct are “everyday” or routine forms of
inhuman or degrading treatment, perpetrated against persons deprived of their liberty
or those who come into contact with the law, often committed by officers who are
poorly trained, underprepared and prejudiced, and are emboldened to act owing to a
lack of disciplinary consequences and impunity. Such abuse and misconduct by a
public authority can be a telltale sign of other insipid problems of a society. We ignore
perceived “minor” assaults at our peril.
10. The struggle to eradicate torture and ill-treatment is very real. Many of today’s
conflicts are characterized by widespread and unconstrained torture and other similar
war crimes perpetrated as deliberate military strategies or by delinquent or
opportunistic soldiers, paramilitaries, militias, mercenaries and criminals. We
continue to witness heavy-handedness, racism and discrimination by police and law
enforcement 3 in many settings (see A/HRC/47/53). The revival and extension of
torture and other inhumane practices in the name of counter-terrorism and fighting
extremism undermine basic principles of humanity. In some countries, prisons are so
overcrowded, and conditions so poor, that the whole system is on the verge of
collapsing. Psychiatric hospitals, health-care settings and homes for orphans,
juveniles, persons with disabilities and the elderly are prone to terrifying abuse and
neglect compounded by the residents’ acute vulnerability and powerlessness (see
A/HRC/22/53). The distressing risks, violence and exploitation facing refugees and
migrants are unresolved and potentially worsening (see A/HRC/37/50), while the lack
of legal recognition and nationality of stateless persons, and the co nsequent
deprivation of rights, is tantamount to inhuman and degrading treatment. The global
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2
3
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Nimisha Patel, “Good practices and current challenges in the rehabilitation of torture survivors”,
discussion paper for a regional meeting of Organization for Security and Cooperation in Europe
States convened by the Convention against Torture Initiative, Copenhagen, 23 –24 June 2016,
para. 13.
Pau Pérez-Sales, “Psychological torture”, in Research Handbook on Torture, Malcolm D. Evans
and Jens Modvig, eds. (Cheltenham, United Kingdom, and Northampton, Massachusetts, Edward
Elgar Publishing, 2020).
The term “law enforcement officials” is widely interpreted as including all officers of the law
who exercise police powers, especially powers of arrest and detention; see the Code of Conduct
for Law Enforcement Officials (General Assembly resolution 34/169, annex). For the purposes of
the Special Rapporteur’s work, she will be adopting a wider under standing of “law enforcement
agencies” to refer to “police, gendarmerie, customs, immigration and border services, as well as
related oversight bodies, such as ministries of interior and/or justice”. United Nations,
Department of Peacekeeping Operations and Department of Field Support, “Community-oriented
policing in United Nations peace operations”, 2018, p. 2.
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