Search Tips
sorted by
30 shown of 127 entities
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 type
- Conclusion / Recommendation
Paragraph
Solitary confinement 2011, para. 98
- Paragraph text
- Detained persons held in solitary confinement must be afforded genuine opportunities to challenge both the nature of their confinement and its underlying justification through the courts of law. This requires a right to appeal all final decisions by prison authorities and administrative bodies to an independent judicial body empowered to review both the legality of the nature of the confinement and its underlying justification. Thereafter, detained persons must have the opportunity to appeal these judgements to the highest authority in the State and, after exhaustion of domestic remedies, seek review by regional or universal human rights bodies.
- 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
- 2011
- Paragraph type
- Conclusion / Recommendation
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 type
- Conclusion / Recommendation
Paragraph
Certain forms of abuses in health-care settings that may cross a threshold of mistreatment that is tantamount to torture or cruel, inhuman or degrading treatment or punishment 2013, para. 8b
- Paragraph text
- [The Special Rapporteur calls upon all States to:] Cease support for the operation of existing drug detention centres or the creation of new centres. Any decision to provide funding should be made only following careful risk assessment. If provided, any such funds should be clearly time-limited and provided only on the conditions that the authorities (a) commit to a rapid process for closing drug detention centres and reallocating said resources to scaling up voluntary, community-based, evidence-based services for treatment of drug dependence; and (b) replace punitive approaches and compulsory elements to drug treatment with other, evidence-based efforts to prevent HIV and other drug-related harms. Such centres, while still operating as the authorities move to close them, are subject to fully independent monitoring;
- 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
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Solitary confinement 2011, para. 99
- Paragraph text
- Individuals must have free access to competent legal counsel throughout the period in which they are held in solitary confinement. Where necessary to facilitate complete and open communication between a detainee and his or her legal counsel, access to an interpreter must be provided.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- Persons on the move
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Solitary confinement 2011, para. 82
- Paragraph text
- The Special Rapporteur calls upon States to respect and protect the rights of persons deprived of liberty while maintaining security and order in places of detention. He recommends that States conduct regular reviews of the system of solitary confinement. In this context, the Special Rapporteur reiterates that States should refer to the Istanbul Statement on the Use and Effects of Solitary Confinement as a useful tool in efforts to promote the respect and protection of the rights of detainees.
- 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
- 2011
- Paragraph type
- Conclusion / Recommendation
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 type
- Conclusion / Recommendation
Paragraph
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 55
- Paragraph text
- The Special Rapporteur is of the firm view that there is no better deterrent to torture than a strong national will to combat and prevent such abhorrent abuse. In addition to visiting places of detention, therefore, the Special Rapporteur will use the opportunity of fact-finding visits to encourage States to take effective legislative, administrative and judicial measures to prevent torture. In particular, wherever necessary, the Special Rapporteur will call upon States to ratify the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Optional Protocol thereto and to establish independent and professional 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
- All
- Persons on the move
- Year
- 2017
- Paragraph type
- Conclusion / Recommendation
Paragraph
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 71
- Paragraph text
- Recommendation regarding medical ethics: Ensure that all health professionals working with detainees are made aware of their ethical obligations, including the need to report torture and other ill-treatment, to maintain confidentiality and to seek the consent of victims prior to examination; and ensure that national legislation is clear that health professionals must abide by their ethical obligations at all times.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
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 type
- Conclusion / Recommendation
Paragraph
Solitary confinement 2011, para. 83
- Paragraph text
- The Special Rapporteur calls upon States to ensure that all persons deprived of their liberty are treated with humanity and respect for the inherent dignity of the human person as protected by article 10, paragraph 1, of the International Covenant on Civil and Political Rights. The Special Rapporteur refers to the Standard Minimum Rules for the Treatment of Prisoners and recommends that States increase the level of psychological, meaningful social contact for detainees while in solitary confinement.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- Persons on the move
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 81
- Paragraph text
- The Special Rapporteur recommends that States adopt child-friendly administrative and criminal court procedures and train police officers, border guards, detention staff, judges and others who may encounter children deprived of their liberty in child protection principles and a better understanding of the vulnerabilities of children to human rights violations, such as torture and other forms of ill-treatment. Special mention should be made of girls, who are particularly vulnerable, and to special groups of children, such as minorities, disabled children and migrants.
- 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
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Girls
- Persons on the move
- Persons with disabilities
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 70q
- Paragraph text
- [With regard to women, girls, and lesbian, gay, bisexual and transgender persons in detention, the Special Rapporteur calls on all States to:] Ensure that migrants, refugees and asylum seekers are individually assessed, including with respect to their need for protection, and that adequate screening and assessment procedures are in place to identify victims of torture and ill-treatment; provide opportunities for safe, voluntary and dignified disclosure of lesbian, gay, bisexual, transgender and intersex status; and ensure that measures taken by migration authorities do not retraumatize victims;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Girls
- LGBTQI+
- Persons on the move
- Women
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 88
- Paragraph text
- While the appalling conditions of detention in most countries of the world could be effectively addressed by adopting a special United Nations convention on the rights of detainees, no further standard setting is required to combat torture. Its prohibition is one of the few absolute and non-derogable human rights and part of ius cogens, and the Convention against Torture and its Optional Protocol contain a broad range of very specific positive State obligations aimed at preventing and combating torture. If States parties to the Convention and the Optional Protocol would abide by their legally binding obligations, torture could easily be eradicated.
- 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 type
- Conclusion / Recommendation
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 91
- Paragraph text
- Victims of torture have a right to complain to a professional authority which is independent from the authority accused of torture and which has the obligation to promptly and impartially examine all allegations or suspicions of torture. Victims and witnesses should be protected against all ill-treatment or intimidation as a consequence of their complaints or any evidence given. If torture is established by a competent authority, victims should enjoy the right to fair and adequate reparation, including the means for as full medical, psychological, social and other rehabilitation as possible. States, therefore, have a legal obligation to establish or at least support a sufficient number of rehabilitation centres for victims of torture and to ensure the safety of their staff and patients. The Special Rapporteur also urges States to ensure that survivors of torture who seek refuge in their countries have access to adequate medical and psychosocial treatment. Screening procedures allowing for the early identification of torture victims can be instrumental in that regard. Asylum authorities should be required to consider seriously the medical expertise of domestic rehabilitation centres and take account of their assessments when deciding upon asylum requests. Health professionals should be provided with training on how to apply the Istanbul Protocol. The Special Rapporteur also calls upon Governments, not least those responsible for the practice of torture, to contribute generously to the United Nations Voluntary Fund for Victims 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
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 69c
- Paragraph text
- [Recommendations regarding safeguard for effective medical evaluations of alleged torture and other ill-treatment in detention:] Ensure that effective access to forensic medical expertise is not subject to prior authorization by an investigating authority; this must include access to a medical professional of the detainee's choice for medical evaluation at any time during detention;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 85m
- Paragraph text
- [With regard to the vulnerability of children deprived of their liberty and policy reform, the Special Rapporteur calls upon all States:] To ensure that immigration detention is never used as a penalty or punishment of migrant children, including for irregular entry or presence, and to provide alternative measures to detention that promote the care and well-being of the child;
- 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
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 69
- Paragraph text
- The absolute prohibition of non-refoulement applies at all times, even when States are operating or holding individuals extraterritorially, including border control operations on the high seas. The procurement of diplomatic assurances, which are inherently unreliable and ineffective, cannot be used by States to escape the absolute obligation to refrain from refoulement. The Special Rapporteur calls upon States to assess non-refoulement under the Convention against Torture independently of refugee or asylee status determinations, so as to ensure that the fundamental right to be free from torture or other ill-treatment is respected even in cases where non-refoulement under refugee law may be circumscribed. States are required to afford individuals fundamental procedural obligations in connection with their non refoulement obligations, including, but not limited to a fair opportunity to state claims for refugee or asylee status and the right to challenge detention and potential transfer on the basis of mistreatment in a receiving State (a) prior to transfer; (b) before an independent decision maker with the power to suspend the transfer; and (c) through an individualized procedure incorporating timely notification of potential transfer and the right to appear before this independent body in person.
- 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
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 69g
- Paragraph text
- [Recommendations regarding safeguard for effective medical evaluations of alleged torture and other ill-treatment in detention:] Ensure that all medical examinations and interviews with detainees in detention facilities are performed using audio, video and photographic equipment;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 85p
- Paragraph text
- [With regard to the vulnerability of children deprived of their liberty and policy reform, the Special Rapporteur calls upon all States:] To take into consideration any trauma or exposure to torture or other forms of ill-treatment that child migrants have experienced prior to being detained;
- 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
- Humanitarian
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 86k
- Paragraph text
- [With regard to conditions during detention, the Special Rapporteur calls upon all States:] To ensure appropriate resources and staffing for all places of deprivation of liberty.
- 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
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 92
- Paragraph text
- Finally, all States have an international legal obligation to take effective legislative, administrative, judicial and other measures to prevent torture. In this respect, the Special Rapporteur calls upon all States to promptly ratify the Optional Protocol to the Convention against Torture and to establish, through legislative action on the basis of an inclusive and transparent process, independent and professional national preventive mechanisms tasked with conducting regular and unannounced visits to all places of detention. Such national preventive mechanisms should be granted unrestricted access to all places of detention and the opportunity to have private interviews with detainees. The Special Rapporteur urges all States parties to the Optional Protocol to the Convention against Torture to provide national preventive mechanisms with the necessary financial and human resources to enable them to regularly inspect all places of detention, to examine the treatment of detainees and to prevent acts of torture or ill-treatment in 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
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 61
- Paragraph text
- While much progress has undoubtedly been made in the past few years, in scientific advances, in medical standards and in legal norm-setting, the impact of forensic medical science is undermined by a lack of institutional independence, rigorous implementation and sufficient training. In many cases, health professionals in detention facilities have an almost exclusively therapeutic role or other staff have only basic training as paramedics; their focus is on curing sick detainees and examining new arrivals for contagious diseases or obvious wounds. Since traumata caused by torture are not necessarily visible, their examinations likely miss a considerable number of torture cases. The Special Rapporteur observes that there is a lack of proper in-take and exit examinations, which would detect suspected cases of torture.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 80
- Paragraph text
- Within the context of administrative immigration enforcement, it is now clear that the deprivation of liberty of children based on their or their parents' migration status is never in the best interests of the child, exceeds the requirement of necessity, becomes grossly disproportionate and may constitute cruel, inhuman or degrading treatment of migrant children. Following the advisory opinion of the Inter-American Court of Human Rights on the rights and guarantees of children in the context of migration and/or in need of international protection in 2014, the Special Rapporteur recalls the different procedural purposes between immigration and criminal proceedings, and that, in the words of the Court, "the offenses concerning the entry or stay in one country may not, under any circumstances, have the same or similar consequences to those derived from the commission of a crime." The Special Rapporteur therefore concludes that the principle of ultima ratio that applies to juvenile criminal justice is not applicable to immigration proceedings. The deprivation of liberty of children based exclusively on immigration-related reasons exceeds the requirement of necessity because the measure is not absolutely essential to ensure the appearance of children at immigration proceedings or to implement a deportation order. Deprivation of liberty in this context can never be construed as a measure that complies with the child`s best interests. Immigration detention practices across the globe, whether de jure or de facto, put children at risk of cruel, inhuman or degrading treatment or punishment. Furthermore, the detention of children who migrate to escape exploitation and abuse contravenes the duty of the State to promote the physical and psychological recovery of child victims in an appropriate environment. Therefore, States should, expeditiously and completely, cease the detention of children, with or without their parents, on the basis of their immigration status. States should make clear in their legislation, policies and practices that the principle of the best interests of the child takes priority over migration policy and other administrative considerations. Also, States should appoint a guardian or adviser as soon as the unaccompanied or separated child is identified, and maintain such guardianship arrangements until the child has either reached the age of majority or has permanently left the territory and/or jurisdiction of the State (A/HRC/20/24, para. 41). While the Special Rapporteur acknowledges that, in certain circumstances it is possible for States to place children in a shelter or other accommodation when it is based on the purpose of child care, protection and support, this should not become a proxy for expanded unnecessary restrictions to the liberty of child migrants and families. States are required to favour measures that promote the care and well-being of the child rather than the deprivation of liberty. Facilities that grant accommodation for migrant children should have all the material conditions necessary and provide an adequate regime to ensure comprehensive protection from ill-treatment and torture, and allow for their holistic development. Migrant children should be separated from children who have been accused or convicted of criminal offences and from adults. The Special Rapporteur notes, however, that separating child migrants from unrelated adults can sometimes itself result in harm by depriving children of important interactions; ample opportunities for broader human interaction and physical activity must therefore be given to unaccompanied migrant children. When children are accompanied, the need to keep the family together is a not sufficient reason to legitimize or justify the deprivation of liberty of a child, given the prejudicial effects that such measures have on the emotional development and physical well-being of children. The Special Rapporteur shares the view of the Inter-American Court of Human
- 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
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 74
- Paragraph text
- In most countries, conditions of detention in police custody, pretrial detention, other detention facilities and sometimes in correctional institutions for convicted prisoners, amount to inhuman or degrading treatment. Detainees, whether deprived of their liberty for justified or less justified reasons, belong to the most vulnerable and forgotten sectors of our societies. In practice, they are deprived of most of their liberties and human rights, including the right to an adequate standard of living, food, water, health, education and privacy.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 69i
- Paragraph text
- [Recommendations regarding safeguard for effective medical evaluations of alleged torture and other ill-treatment in detention:] Ensure that detainees have the right to review and have a copy of their own medical records and the right to have them transferred promptly with the detainee if she or he is moved to another facility.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 85n
- Paragraph text
- [With regard to the vulnerability of children deprived of their liberty and policy reform, the Special Rapporteur calls upon all States:] To prohibit the use of immigration detention as a method of control or deterrence for migrant children;
- 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
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 85o
- Paragraph text
- [With regard to the vulnerability of children deprived of their liberty and policy reform, the Special Rapporteur calls upon all States:] To ensure that unaccompanied migrant children are immediately provided with guardianship arrangements;
- 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
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Overview of working methods and vision 2011, para. 51
- Paragraph text
- Under the rubric of fighting the war on terror, confronting organized crime and insecurity in the streets or maintaining an effective immigration policy, States have, regrettably, attempted to dilute cardinal principles necessary to preventing and suppressing torture and ill-treatment. Of particular concern are attempts to justify restrictions or limitations to the applicability of article 15 of the Convention, citing, as primary arguments, a supposed "necessity to avert serious imminent harm" or the "ticking bomb scenario" or, where the State is not complicit in the torture, that information provided by third parties, even if obtained under torture, is admissible.
- 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
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Paragraph type
- Other
Paragraph
Overview of working methods and vision 2011, para. 66
- Paragraph text
- In previous reports , conditions of detention have been documented extensively based on information received from various sources, in particular, factual observations made as a result of fact-finding missions. The Special Rapporteur is deeply concerned by the large number of places of detention that do not meet minimum international standards. He plans to engage with States that permit such conditions as well as with those that lack the ability or resources to institute minimum standards. He will seek to address the systematic deprivation of the most basic human rights standards relating to conditions of detention, including those related to food, water, clothing, health care and minimum space, as well as hygiene, privacy and security necessary for a humane and dignified existence, as conditions that in and of themselves can constitute cruel, inhuman or degrading treatment.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Persons on the move
- Year
- 2011
- Paragraph type
- Other
Paragraph