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Impunity as a root cause of the prevalence of torture 2010, para. 85
- Paragraph text
- In order for national preventive mechanisms to carry out their functions effectively, they must have a clear understanding of their tasks and roles. Particular problems can arise for a national preventive mechanism that functions within a previously existing institution such as a national human rights institution, for a national preventive mechanism composed of several bodies and for a national preventive mechanism that cooperates institutionally with civil society organizations. Those models all require a particular effort of planning and coordination and a clarification of the exact roles and tasks within the institution. In national human rights institutions designated as national preventive mechanisms, the roles of the members of the national preventive mechanism and the staff of the national human rights institution may not always be clear and the different tasks of the national human rights institution may impede the effective and autonomous functioning of the national preventive mechanism. Therefore, it is recommended that national human rights institutions designated as national preventive mechanisms create separate units or departments where employees are explicitly and fully assigned for the performance of the tasks of the national preventive mechanism, as in Costa Rica, Luxembourg, Maldives, Mexico and Spain. The units should have an autonomous agenda and programme of action, and their own staff and budget. Concerning the designation of several existing institutions as national preventive mechanisms, as in the United Kingdom and New Zealand, adequate coordination of the work of the bodies is necessary in order for them to function effectively and coherently. An equal need for coordination and coherence arises in cases where national preventive mechanisms cooperate institutionally with non governmental organizations, as in the Republic of Moldova and Slovenia. In the Republic of Moldova, their institutional involvement has led to a serious internal conflict over the competences and roles of the different members. Additionally, there is a risk of the dilution of their mandates for non-governmental organizations and of a loss of independence and credibility for the national preventive mechanism if the division of tasks is unclear.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 77e
- Paragraph text
- [In building upon the general recommendations elaborated by his distinguished predecessor, Theo van Boven, in 2003, the Special Rapporteur wishes to particularly stress the following recommendations:] The Human Rights Council should consider drafting a United Nations convention on the rights of detainees to codify all human rights of persons deprived of liberty, as laid down in the Standard Minimum Rules for the Treatment of Prisoners and similar soft law instruments, in a legally binding human rights treaty with effective monitoring and implementation mechanisms;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 77a
- Paragraph text
- [In building upon the general recommendations elaborated by his distinguished predecessor, Theo van Boven, in 2003, the Special Rapporteur wishes to particularly stress the following recommendations:] All States should ratify the United Nations Convention against Torture and fully implement its provisions. In particular, they must criminalize torture, as defined in article 1, with appropriate sanctions taking into account the gravity of the crime of torture; investigate all allegations and suspicions of torture by independent and effective "police-police" bodies; bring perpetrators of torture to justice under the various forms of criminal jurisdiction mentioned in article 5 of the Convention; provide victims of torture with an effective remedy and adequate reparation for the harm suffered - in particular medical, psychological and other forms of rehabilitation; and take all measures necessary to prevent torture, including prompt access of all detainees to lawyers, judges, doctors and their families;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 36
- Paragraph text
- States bear the main responsibility for implementing international human rights standards, including the prohibition of torture. However, torture occurs because national legal frameworks are deficient and do not properly codify torture as a crime with appropriate sanctions. Torture persists because national criminal systems lack the essential procedural safeguards to prevent its occurrence, to effectively investigate allegations and to bring perpetrators to justice. Moreover, torture remains entrenched because of a climate of tolerance of excessive use of force by law enforcement officials in many countries.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2010
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 57
- Paragraph text
- As torture often leaves indelible traces on the body - or in the minds - of the victims, reparation can almost never be complete. However, article 14 of the Convention against Torture requires each State party to ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full a rehabilitation as possible. This is a specific manifestation of the general right of victims of human rights violations to a remedy and adequate reparation, as laid down in various international and regional human rights treaties and should also apply to victims of other forms of cruel, inhuman or degrading treatment or punishment. Consequently, reparation has to encompass several aspects. What victims perceive as fair and adequate reparation for the ordeals they had to endure may differ from case to case. In the Special Rapporteur's experience, victims of torture are not primarily interested in monetary compensation, but in having their dignity restored. Public acknowledgment of the harm and humiliation caused and the establishment of the truth together with a public apology may often provide greater satisfaction than monetary compensation. For many torture survivors, justice is only perceived as such when criminal prosecution has lead to an appropriate punishment of the perpetrators. Most victims of torture are in urgent need of long-term medical and psychological rehabilitation in specialized treatment centres where they feel secure. The amount of monetary compensation must therefore include any economically assessable damage, such as the costs of long-term rehabilitation measures and compensation for lost opportunities, including employment, education and social benefits. In addition to reparation tailored to the needs of the individual victim, States are also obliged to adopt more general guarantees of non-repetition, such as taking resolute steps to fight impunity through, for example, the revision of amnesty laws, the establishment of independent investigation units or promotion of the observance of codes of conducts for law enforcement officials.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2010
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 60
- Paragraph text
- Article 7 of the International Covenant on Civil and Political Rights and relevant provisions of regional human rights treaties prohibit not only torture, but also cruel, inhuman or degrading treatment or punishment, which is separately proscribed in article 16 of the Convention against Torture. As is the case of the prohibition of torture, the prohibition of cruel, inhuman or degrading treatment or punishment is non-derogable. While the Convention against Torture expressly defines torture, there is no such definition of cruel, inhuman or degrading treatment or punishment in international treaties. Consequently, cruel, inhuman or degrading treatment or punishment is commonly distinguished from torture with reference to article 1 of the Convention against Torture. However, as the Special Rapporteur has argued before, the distinguishing factor is not the intensity of the suffering inflicted, but rather the purpose of the conduct, the intention of the perpetrator and the powerlessness of the victim. Torture constitutes such a horrible assault on the dignity of a human being because the torturer deliberately inflicts severe pain or suffering on a powerless victim for a specific purpose, such as extracting a confession or information from the victim. Cruel, inhuman or degrading treatment or punishment, on the other hand, means the infliction of pain or suffering without purpose or intention and outside a situation where a person is under the de facto control of another. It follows that one may distinguish between justifiable and non-justifiable treatment causing severe suffering. Examples where causing severe suffering may be justifiable are the lawful use of force by the police in the exercise of law enforcement policies (e.g. arrest of a criminal suspect, dissolution of a violent demonstration) and of the military in an armed conflict. In such situations, the principle of proportionality has to be strictly observed. If the use of force is not necessary and, in the particular circumstances of the case, disproportional to the purpose achieved, it amounts to cruel or inhuman treatment. In a situation where one person is under the de facto control of another and thus powerless, the test of proportionality is no longer applicable. Other situations which may amount to cruel, inhuman or degrading treatment or punishment are particularly severe conditions of detention, domestic violence, female genital mutilation and trafficking in human beings. This means that, in principle, all forms of cruel or inhuman treatment or punishment, including torture, require the infliction of severe pain or suffering. This is different for the qualification of degrading treatment or punishment only in the sense of article 16 of the Convention against Torture, which arises from humiliation of the victim even if the pain or suffering is not severe.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2010
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 77d
- Paragraph text
- [In building upon the general recommendations elaborated by his distinguished predecessor, Theo van Boven, in 2003, the Special Rapporteur wishes to particularly stress the following recommendations:] The international community should establish a global fund for national human rights protection systems which will assist States in their efforts to improve and reform national criminal justice systems, including the judiciary, prosecutors, police and prisons. That fund shall be financed by States, non-governmental organizations and the corporate sector and shall contribute to the legal empowerment of the poor;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 52
- Paragraph text
- Detainees are at a high risk of being ill-treated during the first hours of deprivation of liberty. Suspects mostly find themselves in the hands of the officers in charge of investigating the crime of which they are accused. The officers therefore have an interest in obtaining a confession or other relevant information. In order to keep this critical phase as short as possible, international human rights law requires the minimization of the period before a person is brought before a judge or another officer authorized by law to exercise judicial powers. However, suspects are frequently held in police custody for much longer than international human rights law allows, sometimes for weeks or months, and find themselves in a situation which is generally dominated by a feeling of vulnerability and fear. In many of the police stations the Special Rapporteur has visited, there was a palpable level of fear which manifested itself inter alia in the strong reluctance of detainees to speak with him.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 54
- Paragraph text
- Given that most cases of abuse take place during the very early stages of detention, immediate access to an independent lawyer is crucial. In many countries, however, detainees are arrested, interrogated and indicted without having been able to access counsel. Even access to a lawyer at a later stage remains a hypothetical option for most detainees since they lack the financial resources to pay for it. Since persons from poorer social strata make up the majority of detainees, the inability to effectively access legal aid affects the majority of persons deprived of their liberty. The lack of legal counsel is in sharp contrast to the basic principles of equality before the law and fairness. Detainees are often not aware of their rights, even when it comes to which treatment is actually permissible during interrogations. However, even in States with legal aid schemes, many detainees voiced doubts regarding the independence of their State-appointed lawyers or reported that they requested additional payment, since State-provided remuneration did not meet the lawyers' fees.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 73
- Paragraph text
- Although 146 States are party to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, most Governments have failed to effectively implement its provisions. Despite the obligation to criminalize torture and prosecute perpetrators of torture under different types of jurisdiction, only very few torturers have been brought to justice worldwide. Impunity continues to be one of the main factors in widespread torture. Despite the obligation to provide victims of torture with an effective remedy and adequate reparation for the harm suffered, only a very small number of victims of torture are able to enjoy this right in the country responsible for inflicting the torture. If victims manage to access medical, psychological and other forms of rehabilitation, this important form of reparation is usually provided by private organizations in countries in which torture victims are granted asylum. Despite the obligation to effectively investigate every allegation or suspicion of torture and ill-treatment, almost no country has established bodies with effective powers of criminal investigation which are also fully independent from the law enforcement officers subject to their investigations. Despite the obligation to take all legislative, administrative, political and other measures necessary to prevent torture, including prompt access of detainees to lawyers, judges, doctors and families, audio- or videotaping of interrogations, the prohibition of using confessions extracted by torture before courts and regular inspections of all places of detention and interrogation by independent bodies, most of the some 10 million detainees around the world can only dream of enjoying such measures.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 47
- Paragraph text
- The criminal codes in many countries contain provisions outlawing certain acts which may fall within the scope of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, such as the infliction of bodily injuries or the use of duress. Nevertheless, while some of those acts may be part of an act of torture, the criminal codes fall short of providing comprehensive protection to the physical and psychological integrity of the victims. Some of the most sophisticated torture methods do not cause any physical injuries, but cause extreme pain and suffering.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2010
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 68
- Paragraph text
- Rehabilitation centres for the victims of torture often operate in an environment characterized by insecurity and violence. Their engagement with victims of torture, the provision of medical services and particularly the documentation of torture cases make them frequent targets of those who inflicted the suffering. As a consequence, physicians, forensic experts, psychologists, administrative staff and volunteers all work under considerable personal risk and are often confronted with harassment, threats, assault or even killings.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 43
- Paragraph text
- However, the reality is quite different. For the general prohibition of torture to become effective, national criminal legislation should incorporate such a prohibition and make torture a punishable offence. The Special Rapporteur found instances, including in Denmark, Nigeria and Jamaica, where torture is not explicitly defined in domestic criminal law. In Nepal, for example, torture is not a criminal offence and in Indonesia, although it is defined in its Human Rights Law, there are no provisions concerning torture in the criminal legislation.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 45
- Paragraph text
- With regard to the first element of the definition (causing severe pain or suffering, whether physical or mental), both Georgia and Togo limit their definitions to physical pain. The legislation of Jordan only partly covers the aspect of mental pain or suffering. The definition in Paraguay makes torture very difficult to prove, as it requires the intent to destroy or seriously damage the personality of the victim, hence excluding many acts that would be considered as torture under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 46
- Paragraph text
- The second element of the definition in the Convention (intention) is lacking from the definition of torture in the legislation of both Georgia and Togo. With regard to the element of the involvement of a public official or other person acting in an official capacity, the legislation in neither Togo nor Jordan differentiates between private actors and public officials. Kazakhstan limits criminal responsibility to public officials and does not criminalize torture committed by others acting in an official capacity or at the instigation of or with the consent or acquiescence of public officials.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 69
- Paragraph text
- Most victims of torture are not political prisoners or suspected of having committed political crimes, but ordinary persons suspected of having committed criminal offences. They usually belong to disadvantaged, discriminated and vulnerable groups, in particular those suffering from poverty.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Person(s) affected
- All
- Year
- 2010
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 70
- Paragraph text
- The most frequent purpose of torture is to extract a confession. Since confessions in many contexts are still regarded as the crown of evidence, considerable pressure is exerted by politicians, the media, prosecutors and judges on law enforcement bodies to "solve criminal cases" by means of extracting confessions that are later used in courts to convict the suspects.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2010
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 77c
- Paragraph text
- [In building upon the general recommendations elaborated by his distinguished predecessor, Theo van Boven, in 2003, the Special Rapporteur wishes to particularly stress the following recommendations:] All States and the international community are requested to provide the resources necessary to develop national systems for the administration of justice that provide all human beings with equal access to justice and the right to a fair trial at all stages of criminal proceedings. In particular, judges, prosecutors, lawyers, police and prison officials shall be selected, educated and paid properly and in sufficient number. Effective measures for combating corruption in the administration of justice shall be taken. Judges shall be fully independent from the executive and legislative branches of Government and shall exercise judicial functions with impartiality and professionalism. Pretrial detention of criminal suspects shall be the exception, not the rule, and shall last for as little time as possible. Pretrial detainees shall be separated from convicted prisoners, children from adults, women from men. The main aim of correctional institutions shall be the rehabilitation of offenders and their reintegration into society. Punitive policies of criminal justice shall be brought in line with this important aim, provided for in article 10 of the International Covenant on Civil and Political Rights, by means of structural reforms of the administration of justice;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Men
- Women
- Year
- 2010
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 37
- Paragraph text
- Article 4 of the Convention against Torture sets out the obligation of States parties to ensure that all acts of torture are an offence under their criminal legislation and that appropriate penalties are foreseen. Article 4, paragraph 1, must be read in conjunction with article 1, paragraph 1, of the Convention, since it would be very difficult for a State party to criminalize an offence, establish the corresponding jurisdiction and institute prosecution, without formulating a proper definition of torture.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2010
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 48
- Paragraph text
- The Special Rapporteur found legislation where the definition was in line with the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in some countries, such as the Republic of Moldova. The definition in the Sri Lankan legislation is in accordance with the Convention; however, it does not include "suffering". Moreover, since the implementation of the Emergency Regulations, most of the safeguards against torture either do not apply or are simply disregarded. In Equatorial Guinea, the definition was mainly in line with the Convention, with a catch-all clause broad enough to comply with it.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 51
- Paragraph text
- However, during his fact-finding missions, the Special Rapporteur found that torture is often treated as a misdemeanour, such as in Mongolia, and penalties are too lenient, sometimes ranging from a few months to two years' imprisonment. In the Republic of Moldova and Equatorial Guinea, the sanctions could be for up to five and six years' imprisonment, respectively. The sentences in other countries, such as Jordan, were simply administrative sanctions ranging from six months to three years. In Togo, where a proper crime of torture is lacking, the provision of the Criminal Code relating to "wilful violence" is sometimes applied, but subject to statutes of limitations.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 54
- Paragraph text
- Despite the fact that, in many cases, detainees have visible signs of ill-treatment, the authorities generally fail to initiate investigations. Medical examinations are often not conducted, nor are detainees provided with medical treatment. In Paraguay, the Special Rapporteur was concerned to see that officials completely disregarded their duty to initiate ex officio investigations. In Georgia, judges or procurators have an obligation to make inquiries or investigate allegations ex officio; however, no action is taken in the vast majority of cases. The same applies in the Republic of Moldova, where the legal provision calling for ex officio investigations is not applied in practice.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 55
- Paragraph text
- Ex officio investigations, as required by article 12 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, are one of the strongest tools for preventing torture and combating impunity. As victims are often unaware of existing complaints mechanisms, they lack confidence that their complaints will be effectively addressed or they are afraid to file them. This problem is worse in countries where the obligation to initiate ex officio investigations is not enshrined in the law, as was observed by the Special Rapporteur in some of his missions, including those to Jamaica and Sri Lanka. Whenever there are reasonable grounds, including credible evidence, that an act of torture has been committed, States should conduct an investigation, irrespective of whether a complaint has been filed. In Jordan, the Special Rapporteur found that even though the Court of Cassation had overturned a number of convictions on the grounds that security officials had obtained confessions under torture, this did not trigger official criminal investigations against the perpetrators. The same holds true for Sri Lanka.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2010
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 65
- Paragraph text
- It is important to note that the services provided by rehabilitation centres for the victims of torture go beyond the medical aspects of rehabilitation. They also contribute to raising awareness of the issue of torture and the establishment of justice. Alerting and informing society of the prevalence of torture and States' involvement in it can trigger public pressure and eventually bring about policy changes. During his visit to the Republic of Moldova, the Special Rapporteur was impressed with the work of the Medical Centre for Rehabilitation of Torture Victims in Chisinau, which had managed to inform, train and mobilize lawyers, journalists and other professionals in order to support victims and disseminate information about cases of torture, both within the country and abroad. In the United Kingdom of Great Britain and Northern Ireland, the Medical Foundation for the Care of Victims of Torture initiates programmes of survivor activism, encouraging victims to share with the public their stories, images and communications about survival, and works to make their voices heard. Similarly, centres in Argentina, Brazil and Chile are at the forefront when it comes to dealing with the legacy of the national security regimes and the continuing impunity for the crimes committed during those periods. In many countries, rehabilitation centres engage in campaigns advocating for legal reform and the passing of laws that comply with the Convention against Torture and its Optional Protocol. In Pakistan, Struggle for Change, aside from providing multidisciplinary services to survivors, played a leading role in national advocacy efforts that eventually contributed to the ratification of the Convention.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2010
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 80
- Paragraph text
- The Optional Protocol does not prescribe a specific form for national preventive mechanisms but leaves it to States parties how to "maintain, designate or establish … one or several independent national preventive mechanisms". However, the Optional Protocol and the related Principles relating to the Status of National Institutions (The Paris Principles) prescribe clear minimum criteria for national preventive mechanisms. Any national preventive mechanism is to be provided with a broad mandate to regularly visit all places of detention with a view to examining the treatment of detainees, to make recommendations to the relevant authorities and to submit draft legislative proposals and observations. It must have unrestricted access, without prior notification, to all places of detention and enjoy the right to hold private interviews with detainees. It must be granted full institutional, functional, personal and financial independence from the State authorities, be pluralistically composed to have the "required capabilities and professional knowledge" and provide for a balanced gender and adequate minority representation.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 81
- Paragraph text
- States parties have taken different approaches to establishing a national preventive mechanism in compliance with the Optional Protocol, either designating existing institutions or establishing an entirely new body, both of which have advantages and disadvantages. By designating an existing institution such as the national human rights institution, the national preventive mechanism may benefit from that institution's previous experience and positive and visible public profile. On the other hand, it may take over potential problems and shortcomings of the existing institution in terms of public perception, a narrow mandate and a lack of resources. The establishment of an entirely new body may require additional efforts and resources but enables States parties to model the mechanism precisely according to the requirements of the Optional Protocol, instead of making amendments to existing legislation. The ideal model depends on the specific circumstances of each State.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 83
- Paragraph text
- Even the most independent national preventive mechanism with the strongest mandate cannot function without sufficient resources. Therefore, article 18, paragraph 3, of the Optional Protocol expressly requires States to provide "the necessary resources for the functioning of the national preventive mechanisms". However, lack of resources remains one of the main problems of existing national preventive mechanisms, as the task of regularly monitoring all places of detention is very complex and costly. It is by the allocation of adequate resources that States parties demonstrate their genuine commitment to the prevention of torture. France set a positive example by assigning extensive human and financial (2.5 million euros) resources to its national preventive mechanism. Similarly, New Zealand has considerably increased the resources of its national preventive mechanism after the first year of functioning. The Special Rapporteur and the Subcommittee on Prevention of Torture previously raised the concern that some States that had designated existing institutions as national preventive mechanisms had not allocated sufficient additional resources, for example Denmark, Maldives and Sweden. A particularly worrying example is Germany, where the national preventive mechanism has an alarming lack of human and financial resources. As the country with the largest population in Europe, it is merely assigning four part-time unpaid staff members to the regional national preventive mechanism body and one unpaid person to the federal national preventive mechanism body, with a budget of only 300,000 euros. The Special Rapporteur has previously criticized these resources as being insufficient to allow the national preventive mechanism to fulfil the task of regular, systematic monitoring of all places of detention.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 84
- Paragraph text
- The provision of inadequate resources has an effect on the capabilities and professional knowledge required by article 18, paragraph 2, of the Optional Protocol. A pluralistic composition cannot be ensured by a national preventive mechanism body that consists of only one member, as is the case in Germany. In contrast, the French national preventive mechanism has 14 full-time inspectors and can call on an additional 14 inspectors to take part in specific missions, thereby facilitating the participation of persons from various educational and professional backgrounds. Small national preventive mechanisms with only a few members have to largely rely on the expertise of ad hoc members or external experts for the effective performance of monitoring visits. In practice, this can create difficulties, including in regard to their availability. Therefore, some States, for example the Czech Republic, Denmark, Luxembourg and Slovenia, have entered into cooperation agreements with relevant civil society organizations in order to ensure external support for their national preventive mechanisms.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 77b
- Paragraph text
- [In building upon the general recommendations elaborated by his distinguished predecessor, Theo van Boven, in 2003, the Special Rapporteur wishes to particularly stress the following recommendations:] All States should ratify the Optional Protocol to the Convention against Torture and establish effective national preventive mechanisms to carry out preventive visits to all places of detention. Those mechanisms should be fully independent bodies with a pluralistic composition and equipped with the financial and human resources necessary to conduct regular and ad hoc visits to all places of detention (police lock-ups, prisons, pretrial detention facilities, psychiatric hospitals and special detention facilities for women, children, migrants, drug addicts, etc.);
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2010
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 55
- Paragraph text
- One of the major challenges when it comes to proving cases of torture and ill-treatment is the gathering of evidence. Since abuses are mainly inflicted behind closed doors, victims most often have an uphill struggle to make their cases heard and get their complaints properly considered. This is particularly the case for persons who are accused of having committed a crime and carry the stigma of not being credible and trying to avoid justice by complaining about their treatment. Forensic medical science is a crucial tool in addressing this problem, since it can establish the degree of correlation of the medical findings with the allegations brought forward and therefore provide evidence on which prosecutions can be based. Modern medical examinations can help to detect injuries which are otherwise not visible, such as soft tissue or nerve trauma - essential in light of the ever increasing sophistication of torture methods.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Humanitarian
- Person(s) affected
- All
- Year
- 2010
Paragraph