Astuces de recherche
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 63
- Paragraph text
- The practice of detaining persons incommunicado and questioning them in unofficial or secret facilities is of grave concern because it exposes individuals to heightened risks of torture. Secret detention amounts to torture or ill-treatment in itself and should be abolished and criminalized under national law. States must ensure that questioning is conducted only at official and accessible facilities, regardless of the form of detention. In the criminal justice system, any evidence obtained from detainees in unofficial places of detention and not confirmed by them during subsequent interviews at official locations ought to be inadmissible in court (see A/56/156).
- 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
- 2016
- Date added
- Aug 19, 2019
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 26
- Paragraph text
- Of particular concern are a lack of specialist care, including access to gynaecologists and obstetric health-care professionals; discriminatory access to services like harm-reduction programmes; lack of private spaces for medical examinations and confidentiality; poor treatment by prison health staff; failures in diagnosis, medical neglect and denial of medicines, including for chronic and degenerative illnesses; and reportedly higher rates of transmission of diseases such as HIV among female detainees. The absence of gender-specific health care in detention can amount to ill-treatment or, when imposed intentionally and for a prohibited purpose, to torture. States' failure to ensure adequate hygiene and sanitation and to provide appropriate facilities and materials can also amount to ill-treatment or even torture. It is essential to engage in capacity-building and adequate training for detention centre staff and health-care personnel with a view to identifying and addressing women's specific health-care and hygiene needs.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Water & Sanitation
- Person(s) affected
- Persons on the move
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 64
- Paragraph text
- Child and other forms of forced marriage increase during conflict and among displaced populations living in refugee or internally displaced persons camps. In 2015 the practice has been documented as being enforced by both State actors and non-State or rebel factions in Iraq, Nigeria, Somalia, the Syrian Arab Republic and elsewhere, with victims being repeatedly raped, compelled to carry multiple pregnancies and subjected to other forms of physical and psychological violence over prolonged periods. While rape commonly occurs in the context of forced marriage, girls and women can also be forced into marriage as a consequence of rape or fear of sexual violence, as a form of "restitution" or "reparation". Like rape, forced marriage is used as a tactic of war and to fulfil strategic objectives such as domination, intimidation and degradation. It has been recognized as a crime against humanity by the Special Court for Sierra Leone.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Girls
- Persons on the move
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 31
- Paragraph text
- Migrants, asylum seekers and refugees worldwide face grave human rights violations during the migration process. Physical violence, threats and abductions by smugglers, traffickers and organized criminal groups are common. Women and girls are particularly vulnerable to sexual violence, exploitation and slavery along migration routes. Such abuses can amount to torture and ill-treatment and States' failure to properly screen migrants and refugees, identify victims of torture and provide appropriate care and support can retraumatize victims and inflict additional mistreatment.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 73
- Paragraph text
- The right to a lawyer entails the right to meet in private and consult and communicate in full confidentiality before any interview, which is essential to preserve defence rights and enable detainees to raise issues about treatment in custody.
- 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
- 2016
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 73
- Paragraph text
- The lack of funding for rehabilitation centres is by no means limited to poor States or States where torture may be rife, but also holds true for States which are generally considered to be relatively safe and affluent, for example EU member States. In this regard, the Special Rapporteur notes with concern the upcoming phasing-out of EU support for centres located within its area and the simultaneous failure of European Governments to step up their support for their own domestic institutions. Rehabilitation centres within the EU assume a crucial role in providing services to thousands of individuals who have had to flee their home countries and seek refuge after experiencing war, persecution and torture. While these survivors may have succeeded in escaping from imminent persecution and from their torturers, their experiences are still very much present and continue to haunt them. Often alone in a foreign country, confronted with xenophobic resentment, general suspicion that there is abuse of the asylum system, and concerns about the outcome of protracted and increasingly restrictive asylum procedures, survivors of torture find themselves in an environment which is far from conducive to a process of healing. The availability in those States of well-functioning rehabilitation centres where many refugees can open up and receive medical treatment for the first time is essential and their value cannot be overestimated. The Special Rapporteur calls for a change of the perception prevalent in many Western countries that torture is a distant issue. Many Europeans would be surprised to learn that their immigrant neighbour is in fact one of many survivors of torture who have found refuge in their country.
- 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
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 77
- Paragraph text
- In view of the great importance of systematic, independent external monitoring for the prevention of torture, and in response to the shortcomings of the existing mechanisms, the General Assembly adopted the Optional Protocol to the Convention against Torture in 2002. The rationale behind the Optional Protocol is based on the experience that torture mainly happens in places of detention, owing to their opaqueness to the outside world and lack of external scrutiny. The Optional Protocol is intended to introduce a shift from a paradigm of opacity, in which detainees are locked away from the outside world and the outside world is kept away from the detainees, to one of transparency. Through the opening up of places of detention, the entire system of detention can be exposed to public scrutiny, made more transparent, and its officials deterred from abusive treatment by being held accountable for their actions.
- 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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 49
- Paragraph text
- The Special Rapporteur has ample grounds to believe that the vast majority of violations are never reported by detainees, including because they are often not aware of their right to complain. In a context of detention frequently characterized by violence and other abuse, it seems beyond imagination for many detainees that someone could listen to their allegations. If detainees know about their right to complain and the actual existence of a complaints mechanism, the fear of reprisals and lack of confidence in the overall functioning of the system may silence them. Normally, there is no complaints body sufficiently independent from the authority which is in charge of holding the 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
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 63
- Paragraph text
- In its pervasiveness, impact on the victim and justifications put forward by its proponents, corporal punishment of children in the home and in educational settings differs from corporal punishment that is administered as part of a judicial sentence in a number of States. A separate problem is the corporal chastisement of detainees as a disciplinary sanction that the Special Rapporteur has witnessed in many countries. What is common to all these forms of corporal punishment, however, is that physical force is used intentionally against a person in order to cause severe pain. Furthermore, without exception, corporal punishment has a degrading and humiliating component. Corporal punishment must therefore without exception be considered to amount to cruel, inhuman or degrading punishment or torture in violation of international treaty and customary law.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 66
- Paragraph text
- Although there are similarities between the two, the refoulement procedure is not to be equated with the asylum procedure. While there are limitations to asylum in terms of the Refugee Convention, article 3 of the Convention against Torture and article 7 of the International Covenant on Civil and Political Rights apply to every person and are not subject to any limitation or exclusion clauses. Consequently, the non-refoulement principle is absolute. While doubts about the credibility of the facts provided by the applicant can result in the refusal of asylum, the State has to ensure that the security of the applicant is not endangered, as continuously upheld by the Committee 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
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 67
- Paragraph text
- The principle of non-refoulement has come under fire during the Special Rapporteur's tenure both from the ever increasing tightening of immigration laws and domestic procedures that often only provide for superficial examinations by the authorities and the several attempts at undermining the principle in the context of the fight against terrorism (including through the so-called "test of reasonableness", which balances the risk of torture against the threat to national security and the increased use of diplomatic assurances), where there were fears that States may use torture on persons suspected of terrorist acts. As the Special Rapporteur has stated repeatedly, diplomatic assurances related to torture are nothing but an attempt to circumvent the absolute nature of the principle of non-refoulement.
- 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
- 2010
- Date added
- Aug 19, 2019
Paragraph
Solitary confinement 2011, para. 22
- Paragraph text
- The Istanbul Statement on the Use and Effects of Solitary Confinement was annexed to the former Special Rapporteur's 2008 interim report to the General Assembly (A/63/175, annex). The report concluded that "prolonged isolation of detainees may amount to cruel, inhuman or degrading treatment or punishment and, in certain instances, may amount to torture. ... [T]he use of solitary confinement should be kept to a minimum, used in very exceptional cases, for as short a time as possible, and only as a last resort. Regardless of the specific circumstances of its use, effort is required to raise the level of social contacts for prisoners: prisoner-prison staff contact, allowing access to social activities with other prisoners, allowing more visits and providing access to mental health services" (A/63/175, paras. 77 and 83).
- 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
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Solitary confinement 2011, para. 23
- Paragraph text
- The history of the use of solitary confinement on detainees has been well documented. The practice can be traced to the 1820s in the United States of America, where it was believed that isolation of prisoners would aid in their rehabilitation. Under this model prisoners spent their entire day alone, mostly within the confines of their cells, including for work, in order to reflect on their transgressions away from negative external influences. Beginning in the 1830s, European and South American countries adopted this practice (A/63/175, para. 81). It must be recognized that 200 years ago this model was a socially and morally progressive way to deal with punishment, as it emphasized rehabilitation and attempted to substitute for the death penalty, limb amputations and other penalties then prevalent.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
Solitary confinement 2011, para. 27
- Paragraph text
- International and regional human rights bodies have taken different approaches to address the underlying conditions of social and physical isolation of detainees, and whether such practices constitute torture or cruel, inhuman or degrading treatment or punishment. For example, while the European Court of Human Rights has confronted solitary confinement regimes with regularity, the United Nations Human Rights Committee and the Inter-American Court of Human Rights have most extensively addressed the related phenomenon of incommunicado detention. For the purposes of this report, the Special Rapporteur will highlight the work of universal and regional human rights bodies on solitary confinement only.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
Solitary confinement 2011, para. 39
- Paragraph text
- In its analysis of solitary confinement, the Court has noted that even when used in exceptional circumstances, procedural safeguards must be in place. For example, "the State is obliged to ensure that the detainee enjoys the minimum and non-derogable guarantees established in the [American] Convention and, specifically, the right to question the lawfulness of the detention and the guarantee of access to effective defense during his incarceration". Similarly, the Inter American Commission on Human Rights has consistently held that all forms of disciplinary action taken against detained persons must comport with the norms of due process and provide opportunity for judicial 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
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Solitary confinement 2011, para. 50
- Paragraph text
- The presence of windows and light is also of critical importance to the adequate treatment of detainees in solitary confinement. Under rule 11 of the Standard Minimum Rules for the Treatment of Prisoners, there should be sufficient light to enable the detainee to work or read, and windows so constructed as to allow airflow whether or not artificial ventilation is provided. However, State practice reveals that this standard is often not met. For example, in Georgia, window-openings in solitary confinement cells were found to have steel sheets welded to the outside bars, which restricted light and ventilation (E/CN.4/2006/6/Add.3, para. 47). In Israel, solitary confinement cells are often lit with fluorescent bulbs as their only source of light, and they have no source of fresh air.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Solitary confinement 2011, para. 51
- Paragraph text
- Rules 12 and 13 of the Standard Minimum Rules stipulate that detention facilities should provide sufficient sanitary fixtures to allow for the personal hygiene of the detainee. Therefore, cells used for solitary confinement should contain a lavatory and wash-basin within the cell. In its 2006 report on Greece, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment observed that isolation cells in the Komotini Prison failed to meet the necessary minimum standard for sanitary fixtures because detainees were forced to use the toilet for a wash-basin as well. Other environmental factors, such as temperature, noise level, privacy, and soft materials for cell furnishings may also be implicated in the solitary confinement setting.
- 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
- 2011
- Date added
- Aug 19, 2019
Paragraph
Solitary confinement 2011, para. 60
- Paragraph text
- Most studies fail to specify the length of time after which solitary confinement becomes prolonged. While the term may be undefined, detainees can be held in solitary confinement from a few weeks to many years. For example, in Kazakhstan, individuals can be held in solitary confinement for more than two months (A/HRC/13/39/Add.3, para. 117). Some detainees have been held in solitary confinement facilities for years, without any charge and without trial, and in secret detention centres where isolation is used as an integral part of interrogation practices. In a joint report on the situation of detainees at Guantánamo Bay, experts found that although 30 days of isolation was the maximum period permissible, some detainees were returned to isolation after very short breaks over a period of up to 18 months (E/CN.4/2006/120, para. 53).
- 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
- Date added
- Aug 19, 2019
Paragraph
Solitary confinement 2011, para. 73
- Paragraph text
- While physical and social segregation may be necessary in some circumstances during criminal investigations, the practice of solitary confinement during pretrial detention creates a de facto situation of psychological pressure which can influence detainees to make confessions or statements against others and undermines the integrity of the investigation. When solitary confinement is used intentionally during pretrial detention as a technique for the purpose of obtaining information or a confession, it amounts to torture as defined in article 1 or to cruel, inhuman or degrading treatment or punishment under article 16 of the Convention against Torture, and to a breach of article 7 of the International Covenant on Civil and Political Rights.
- 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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Overview of working methods and vision 2011, para. 62
- Paragraph text
- The Special Rapporteur observes that the principle of non-refoulement has been at the core of discussions both in light of immigration laws, and in the context of countering terrorism. The Special Rapporteur recognizes that diplomatic assurances do not release States from their non-refoulement obligations nor are they necessarily the best way to prevent torture and refoulement. Indeed, diplomatic assurance has been proven to be unreliable, and cannot be considered an effective safeguard against torture and ill-treatment, particularly in States where there are reasonable grounds to believe that a person would face the danger of being subjected to torture or ill-treatment.
- 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
- Date added
- Aug 19, 2019
Paragraph
Overview of working methods and vision 2011, para. 65
- Paragraph text
- In order to identify structural methods of assisting States in developing, adopting and fulfilling the above-mentioned obligations, the Special Rapporteur will encourage Governments to reinforce their legislative norms through protocols, instruments and methodological guides targeted at ensuring effective guarantees for persons deprived of their liberty. These measures include effective realization of the right of detainees in custody to challenge the lawfulness of their detention before an independent court (e.g., the right to habeas corpus). Further, States should promote and apply non-custodial measures such as bail and probation, respect medical inspection upon admission and compulsory medical inspection during transfer, and introduce video and audio recordings of proceedings in interrogation rooms. There must be formal procedures by which a detainee is informed of his/her rights, including the right to remain silent and to consult a lawyer, as well as effective sanctions for failure to respect these rights. The Special Rapporteur recognizes the importance of continuing dialogue with States with a view to strengthening legislative mechanisms aimed at preventing torture and ill-treatment in pretrial detention. He notes that various mandate holders have expressed concerns about pretrial detention, and undertakes to hold further discussions with them in order to identify and promote best practices on measures to prevent, punish and eradicate torture and other ill-treatment in pretrial detention. This will also be done by using fact-finding country visits and information provided by reliable sources to identify challenges and illustrate good practices.
- 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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 44
- Paragraph text
- In the inter-American system, there have been significant findings of mistreatment of those on death row. With regard to detention conditions, the Inter-American Commission on Human Rights held, in Lallion v. Grenada (2002), that the conditions on death row in Grenada failed to respect the physical, mental and moral integrity required under article 5, paragraph 1, of the American Convention on Human Rights. In Aitken v. Jamaica (2002) the Commission held that the detention conditions, when considered in the light of the lengthy period of nearly four years for which the petitioner had been detained on death row, had failed to satisfy the standards of humane treatment under article 5, paragraphs 1 and 2, of the aforementioned Convention. The Inter-American Court of Human Rights stated, in Hilaire, Constantine and Benjamin et al. v. Trinidad and Tobago (2002) that the death row phenomenon was a cruel, inhuman and degrading treatment, and was characterized by a prolonged period of detention while awaiting execution, during which prisoners sentenced to death suffered severe mental anxiety in addition to other circumstances, including, among others: the way in which the sentence was imposed; lack of consideration of the personal characteristics of the accused; the disproportionality between the punishment and the crime committed; the detention conditions while awaiting execution; delays in the appeal process or in reviewing the death sentence during which time the individual experienced extreme psychological tension and trauma; the fact that the judge did not take into consideration the age or mental state of the condemned person; and continuous anticipation by the prisoners about what practices their execution may entail. The Inter-American Commission has consistently concluded, across different working mechanisms and in countries throughout the region, that the conditions afforded to prisoners on death row are most often inhumane and that a prolonged stay on death row and the anxiety created by the threat of death, as well as other conditions, constitute a violation of the prohibition of torture and 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
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Commissions of inquiry 2012, para. 40
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- The Council of Europe has set up commissions of inquiry with a variety of mandates, under the authority of various bodies. In 2006, a 46-member European Parliament inquiry was established to investigate the alleged use of European countries by the Central Intelligence Agency of the United States for the transportation and illegal detention of prisoners. In a speech before the European Parliament in 2009, the international law expert Antonio Cassese called for the establishment of a permanent commission of inquiry within Europe to facilitate expeditious investigations into whether torture or other international crimes had been perpetrated.
- 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
- 2012
- Date added
- Aug 19, 2019
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Commissions of inquiry 2012, para. 43
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- The Arar Commission was established to investigate the detention in 2002 of Maher Arar while in transit through New York and his subsequent rendition to the Syrian Arab Republic, where he was subjected to torture. In its report, the Commission acknowledged the wrongs perpetrated against Mr. Arar and recommended possible remedies; it also reviewed the policies and activities of the Royal Canadian Mounted Police and made recommendations on information-sharing and oversight mechanisms for national security agencies, including specific directives aimed at ensuring accountability and preventing any possible future complicity in 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
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph