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Solitary confinement 2011, para. 100
- Paragraph text
- There should be a documented system of regular monitoring and review of the inmate's physical and mental condition by qualified medical personnel, both at the initiation of solitary confinement and on a daily basis throughout the period in which the detained person remains in solitary confinement, as required by rule 32, paragraph 3, of the Standard Minimum Rules for the Treatment of Prisoners. Medical personnel monitoring detained persons should have specialized training in psychological assessment and/or the support of specialists in psychology. Additionally, medical personnel must be independent and accountable to an authority outside of the prison administration. Preferably, they should belong to the general national health structure. Any deterioration of the inmate's mental or physical condition should trigger a presumption that the conditions of confinement are excessive and activate an immediate review.
- 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
- Health
- Person(s) affected
- All
- Year
- 2011
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
Review of the standard minimum rules for the treatment of prisoners 2013, para. 36
- Paragraph text
- In the light of this interpretation, the Rules should incorporate a provision urging authorities to adopt specific measures aimed at resolving the structural shortcomings of places of deprivation of liberty and earmark the resources necessary to cover basic needs and work and educational programmes. Furthermore, the Rules should set out concrete measures to be taken to ensure minimum guarantees of humane treatment for persons in custodial care, including securing a prompt and effective judicial control of detention; providing adequate, accessible and appropriate health care; ensuring the availability of appropriate judicial resources and effective complaint systems; and allowing contact with the outside world and access to other activities, including for those awaiting trial.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2013
Paragraph
Review of the standard minimum rules for the treatment of prisoners 2013, para. 50
- Paragraph text
- The State must provide adequate medical care, which is a minimum and indispensable material requirement for ensuring the humane treatment of persons in its custody. The carrying out of a prompt, independent and consensual medical examination upon a person's admission to a place of detention and after every transfer between facilities, and thereafter on a routine basis, constitutes one of the basic safeguards against ill-treatment (see Human Rights Council resolution 10/24, paras. 4 and 9, and A/52/40 (vol. I), para. 109). Among the main challenges in the provision of medical care are the lack of appropriate and sufficient medical personnel; inadequate medicine supplies and equipment; and a lack of capacity and delays in authorizing transfers to hospitals. The Special Rapporteur notes that loss of life or a deterioration in an inmate's well-being occurs because of a lack of or unreasonable delays in the provision of urgent medical care, and that these omissions on the part of the authorities can amount to ill-treatment and even 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
- Health
- Person(s) affected
- All
- Year
- 2013
Paragraph
Review of the standard minimum rules for the treatment of prisoners 2013, para. 53
- Paragraph text
- The revision of the Rules offers an excellent opportunity to address these deficiencies. The Rules must include a provision obliging authorities to ensure that medical examinations are not conducted in a superficial manner and to act diligently so as to ascertain the condition of the person examined, allowing that person to freely communicate with the physician (see CAT/OP/MEX/1, paras. 132, 133, 135, 172 and 173). Medical examinations should be thorough enough to detect any psychological consequences of torture or propensity to commit suicide. Furthermore, Rule 24 should insist on the obligation of medical personnel to detect, treat, properly document and refer to the authority responsible for investigating allegations of torture or other ill-treatment any signs of torture or other ill-treatment or any case where there are allegations or reasonable grounds to believe that torture or other ill treatment may have occurred prior to admission or while in detention (see the Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, annex, paras. 6 (a) and (c)).
- 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
- Health
- Person(s) affected
- All
- Year
- 2013
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. 3
- Paragraph text
- The right to an adequate standard of health care ("right to health") determines the States' obligations towards persons suffering from illness. In turn, the absolute and non-derogable nature of the right to protection from torture and ill-treatment establishes objective restrictions on certain therapies. In the context of health-related abuses, the focus on the prohibition of torture strengthens the call for accountability and strikes a proper balance between individual freedom and dignity and public health concerns. In that fashion, attention to the torture framework ensures that
- 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
- All
- Year
- 2013
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. 5
- Paragraph text
- By reframing violence and abuses in health-care settings as prohibited ill-treatment, victims and advocates are afforded stronger legal protection and redress for violations of human rights. In this respect, the recent general comment No. 3 (2012) of the Committee against Torture on the right to a remedy and reparation offers valuable guidance regarding proactive measures required to prevent forced interventions. Notably, the Committee considers that the duty to provide remedy and reparation extends to all acts of ill-treatment, so that it is immaterial for this purpose whether abuses in health-care settings meet the criteria for torture per se. This framework opens new possibilities for holistic social processes that foster appreciation of the lived experiences of persons, including measures of satisfaction and guarantees of non-repetition, and the repeal of inconsistent legal provisions.
- 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
- Violence
- Person(s) affected
- All
- Year
- 2013
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. 6d
- Paragraph text
- [The Special Rapporteur calls upon all States to:] Provide appropriate human rights education and information to health-care personnel on the prohibition of torture and ill-treatment and the existence, extent, severity and consequences of various situations amounting to torture and cruel, inhuman or degrading treatment or punishment; and promote a culture of respect for human integrity and dignity, respect for diversity and the elimination of attitudes of pathologizaton and homophobia. Train doctors, judges, prosecutors and police on the standards regarding free and informed consent;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2013
Paragraph
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 29
- Paragraph text
- Third, while the notion of cruel, inhuman or degrading treatment or punishment may include a wide range of actions amounting to unlawful infliction of pain or suffering, the aggravated threshold of torture requires a number of additional criteria that may vary slightly depending on the applicable treaty definition and its interpretation by the relevant oversight bodies. Thus, according to the Inter-American Court of Human Rights, “an act constitutes torture when the ill-treatment: (a) is intentional; (b) causes severe physical or mental suffering, and (c) is committed with a specific purpose or objective”. Similarly, the African Commission on Human and Peoples’ Rights has interpreted torture as “the intentional and systematic infliction of physical or psychological pain and suffering in order to punish, intimidate or gather information” and usefully pointed out that torture could be carried out by “State or non-State actors at the time of exercising control over such person or persons”. According to the European Court of Human Rights, torture, as opposed to other inhuman and degrading treatment, involves “deliberate inhuman treatment causing very serious and cruel suffering”. Both the European Court and the African Commission have used article 1 of the Convention against Torture as a reference point for defining torture for the purposes of the European Convention on Human Rights and the African Charter on Human and Peoples’ Rights, whereas inter-American bodies have tended to refer to the Inter-American Convention to Prevent and Punish Torture.
- 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
- All
- Year
- 2017
Paragraph
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 39
- Paragraph text
- This new evidence, however, was rejected by the Supreme Court of the United States of America in Baze et al. v. Rees (2008). The Court agreed to hear a challenge to the use of lethal injection as a method of execution following a case in which the administration of a second dose of poison was required and where the convicted man took 34 minutes to die. However, the Court rejected the arguments that the lethal injection process created an unacceptable risk of suffering due to a drug combination that masked pain; that the use of potassium chloride could cause an incredibly painful death if the prisoner were not properly anaesthetized; and that other drugs were available that would cause a painless death. The Court also rejected the argument that the lethal injection process was flawed because of deficiencies in the way in which the drugs were administered, lack of the training required for those responsible for administering the drugs, and lack of clinical evidence showing the safety and effectiveness of certain drugs used in executions. Finally, the Court rejected the argument that these defects, in combination with a lack of regulatory oversight by the United States administration and an absence of meaningful State oversight, established that lethal injection constituted cruel and unusual punishment. Remarkably, the Court also stated that a stay of execution might not be granted unless the condemned prisoner established that the State's lethal injection protocol created a demonstrated risk of severe pain.
- 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
- 2012
Paragraph
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 50
- Paragraph text
- In addition, death row prisoners constantly face unimaginable anxiety over their own imminent death. Additional circumstances, including lack of notice as to the date of the execution, public executions and mistakes in administering the execution increase the mental trauma of persons sentenced to death. Numerous scholars have documented the severe mental trauma associated with death sentences. The anxiety and foreknowledge of death affect the mental integrity of a person sentenced to death and can amount to torture or 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)
- Civil & Political Rights
- Health
- Person(s) affected
- All
- Year
- 2012
Paragraph
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 68c
- Paragraph text
- [Recommendations regarding the effective investigation of allegations of torture or other ill-treatment:] Ensure forensic and medical reports are of sufficient quality, thereby requiring the use of standardized medico-legal evaluation report forms that comply with Istanbul Protocol guidelines; health professionals must be guaranteed full access to all relevant documentation that may pertain to the case, including medical records, legal documents, the crime scene, witnesses and interrogation records;
- 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
- All
- Year
- 2014
Paragraph
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 69b
- Paragraph text
- [Recommendations regarding safeguard for effective medical evaluations of alleged torture and other ill-treatment in detention:] Mandate that, if the health professional has grounds for presuming the existence of torture and other ill-treatment, he or she must notify the competent authorities with the victim's consent; and refer the case for a full investigation, including full forensic evaluation in accordance with article 12 of the Convention against 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
- Health
- Person(s) affected
- All
- Year
- 2014
Paragraph
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 69e
- Paragraph text
- [Recommendations regarding safeguard for effective medical evaluations of alleged torture and other ill-treatment in detention:] Ensure that prior and informed consent, be obtained from the alleged victim and include: the purpose of the evaluation, explanation of the process, how the information will be used, the right to refuse the evaluation, the option to request an evaluation by a medical expert of choice and any limits on the confidentiality of the information provided in the evaluation;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Health
- Person(s) affected
- All
- Year
- 2014
Paragraph
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 41
- Paragraph text
- Protracted or suggestive interviews, wherein persons are questioned for extended periods without sufficient rest or asked confusing, ambiguous or leading questions with great intensity (see ibid.), are likely to become coercive and constitute ill-treatment and may induce sleep deprivation, impaired decision-making and a desire to admit anything in order to bring the questioning to an end.
- 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
- All
- Year
- 2016
Paragraph
Solitary confinement 2011, para. 79
- Paragraph text
- The Special Rapporteur stresses that solitary confinement is a harsh measure which may cause serious psychological and physiological adverse effects on individuals regardless of their specific conditions. He finds solitary confinement to be contrary to one of the essential aims of the penitentiary system, which is to rehabilitate offenders and facilitate their reintegration into society. The Special Rapporteur defines prolonged solitary confinement as any period of solitary confinement in excess of 15 days.
- 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
- 2011
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. 50
- Paragraph text
- The State's obligation to prevent torture applies not only to public officials, such as law enforcement agents, but also to medical doctors, health-care professionals and social workers, including those working in private hospitals, other institutions and detention centres (A/63/175, para. 51 and A/HRC/22/53, paras. 23-26).
- 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
- Health
- Person(s) affected
- All
- Year
- 2015
Paragraph
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 69d
- Paragraph text
- [Recommendations regarding safeguard for effective medical evaluations of alleged torture and other ill-treatment in detention:] Establish an individual's right to be evaluated by non-governmental medical experts of his or her choosing anytime during and after being in custody, including in places of detention that require security clearance;
- 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
- Health
- Person(s) affected
- All
- Year
- 2014
Paragraph
Solitary confinement 2011, para. 92
- Paragraph text
- Solitary confinement must never be imposed or allowed to continue except where there is an affirmative determination that it will not result in severe pain or suffering, whether physical or mental, giving rise to acts as defined in article 1 or article 16 of the Convention against Torture.
- 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
- Health
- Person(s) affected
- All
- Year
- 2011
Paragraph
The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 65
- Paragraph text
- The quality of medical and forensic reports needs to be improved and courts should enhance the admissibility of independent and impartial medical evidence in any proceedings, in order to investigate allegations of torture or other ill-treatment effectively. In addition, courts should never admit extrajudicial confessions that are not corroborated by other evidence, or that have been recanted.
- 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
- 2014
Paragraph
Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 68
- Paragraph text
- The Special Rapporteur calls upon all States to implement safeguards to protect persons within their jurisdiction extraterritorially from torture and other ill-treatment. Such safeguards include, but are not limited to, the rights to independent legal and medical assistance; notification of detention and communication with the outside world; and to challenge the arbitrariness or lawfulness of detention and obtain remedies without delay.
- 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
- Health
- Person(s) affected
- All
- Year
- 2015
Paragraph
Solitary confinement 2011, para. 55
- Paragraph text
- Research shows that deprived of a sufficient level of social stimulation, individuals soon become incapable of maintaining an adequate state of alertness and attention to their environment. Indeed, even a few days of solitary confinement will shift an individual's brain activity towards an abnormal pattern characteristic of stupor and delirium. Advancements in new technologies have made it possible to achieve indirect supervision and keep individuals under close surveillance with almost no human interaction. The European Court of Human Rights has recognized that "complete sensory isolation, coupled with total social isolation, can destroy the personality and constitutes a form of inhuman treatment which cannot be justified by the requirements of security or any other reason".
- 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
- All
- Year
- 2011
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. 41
- Paragraph text
- Numerous reports document that users of illicit drugs who are detained in such centres undergo painful withdrawal from drug dependence without medical assistance, administration of unknown or experimental medications, State-sanctioned beatings, caning or whipping, forced labour, sexual abuse and intentional humiliation. Other reported abuses included "flogging therapy", "bread and water therapy", and electroshock resulting in seizures, all in the guise of rehabilitation. In such settings, medical professionals trained to manage drug dependence disorders as medical illnesses are often unavailable.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Health
- Violence
- Person(s) affected
- All
- Year
- 2013
Paragraph
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 24
- Paragraph text
- It is important to note that States have an obligation to investigate in full compliance with the Istanbul Protocol as a procedural obligation, to ensure that measures taken are sufficient to determine whether torture or other ill-treatment has taken place and identify the perpetrator. Non-State actors, such as health professionals documenting torture and other ill-treatment are not under any such procedural obligation and may thus, depending on the circumstances, reliably document torture through less elaborate measures that those prescribed in the Istanbul Protocol. Articles 12 and 13 of the Convention against Torture expressly require prompt or immediate investigations upon receipt of complaints of torture. Promptness relates not only to the time within which the investigation must be commenced, but also to the expediency with which it is conducted. The authorities must take whatever reasonable steps they can to secure the evidence concerning the incident, including inter alia forensic evidence. Any deficiency in the investigation that undermines its ability to establish the cause of injury or the person responsible falls foul of this standard. The European Court of Human Rights considered that the failure to secure the forensic evidence in a timely manner was one of the important factors contributing to the ineffectiveness of the investigation. An impartial examination requires a competent body, independent from the alleged perpetrator, equipped with full investigative powers in order to secure evidence and establish the facts so that its findings can be brought before the authorities responsible for criminal proceedings.
- 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
- 2014
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. 72
- Paragraph text
- People who use drugs are a highly stigmatized and criminalized population whose experience of health-care is often one of humiliation, punishment and cruelty. Drug users living with HIV are often denied emergency medical treatment. In some cases the laws specifically single out the status of a drug user as a stand-alone basis for depriving someone of custody or other parental rights. Use of drug registries - where people who use drugs are identified and listed by police and health-care workers, and their civil rights curtailed - are violations of patient confidentiality that lead to further ill-treatment by health providers.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Violence
- Person(s) affected
- All
- Year
- 2013
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. 75
- Paragraph text
- A report on sex workers documented negative and obstructive attitudes on the part of medical workers, including denial of necessary health-care services. Public health rationales have in some instances led to mandatory HIV testing and exposure of their HIV status, accompanied by punitive measures. Breaches of privacy and confidentiality are a further indignity experienced by sex workers in health settings. Most recently, the Committee against Torture noted "reports of alleged lack of privacy and humiliating circumstances amounting to degrading treatment during medical examinations". The mandate has observed that acts aimed at humiliating the victim, regardless of whether severe pain has been inflicted, may constitute degrading treatment or punishment because of the incumbent mental suffering (E/CN.4/2006/6, para. 35).
- 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
- All
- Year
- 2013
Paragraph
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 51
- Paragraph text
- Systematic and solid preparation increases the quality and likelihood of successful interviews. Conversely, insufficient preparation is bound to cause setbacks and creates risks that agents will resort to pressure or physical coercion to elicit information or confessions. Adequate preparation requires full knowledge of and compliance with applicable rules of procedure governing the conduct of interviews. To conduct the most effective interview possible, officers should, among other things, have clear knowledge and understanding of all information pertinent to the case, be fully cognizant of the legal definition of the offence under investigation and identify all potential evidence in the case file and every possible explanation of its origin. The preparation of a strategy and interview structure designed to best elicit information is also essential, as is the ability to remain flexible throughout the interview.
- 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
- All
- Year
- 2016
Paragraph
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 60
- Paragraph text
- The duty to conduct legal reviews applies to weapons in the broadest sense, as well as the manner in which they are intended or reasonably expected to be used. A meaningful weapons review involves experts from various disciplines, given that it requires an examination of all relevant information regarding the weapon, such as its technical description, its performance and reliability, its environmental and medical impact and, most importantly for the present context, the nature and severity of the physical, mental and emotional injury, pain or suffering likely to be inflicted.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Health
- Humanitarian
- Person(s) affected
- All
- Year
- 2017
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
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 28
- Paragraph text
- There is a presumption of ill-treatment in detention if an individual's injuries were not present at the time of arrest. The European Court has stated in this regard that "[w]here an individual, when taken in police custody, is in good health, but is found to be injured at the time of release, it is incumbent on the State to provide a plausible explanation of how those injuries were caused, failing which a clear issue arises under article 3 of the European Convention". Therefore, rules of evidence should reflect the difficulties of substantiating allegations of ill-treatment in custody.
- 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
- 2014
Paragraph