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Overview of working methods and vision 2011, para. 72
- Paragraph text
- In view of this, the Special Rapporteur reiterates that the basic good faith measure that States can undertake to show their commitment to addressing torture remains the ratification, without reservation, of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and its Optional Protocol (the "Protocol"). The Convention and its Protocol are important first steps towards eradicating this serious international crime. This notwithstanding, ratification is not a substitute for States to take effective measures as necessary to prevent and suppress torture and 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
- Person(s) affected
- N.A.
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 72a
- Paragraph text
- [Recommendations regarding capacity-building and training:] Raise awareness among concerned professionals and society at large on the role of documentation and its importance in broader anti-torture policies and initiatives; bring together key professionals, comprising both officials and civil society with established forensic expertise, to promote forensic capacity-building, and to develop strategies and practices on how best to document and investigate torture cases with a view to ensuring accountability and reparation;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 67
- Paragraph text
- Adopt and implement the Istanbul Protocol as an investigative tool and standard.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 77d
- Paragraph text
- [In building upon the general recommendations elaborated by his distinguished predecessor, Theo van Boven, in 2003, the Special Rapporteur wishes to particularly stress the following recommendations:] The international community should establish a global fund for national human rights protection systems which will assist States in their efforts to improve and reform national criminal justice systems, including the judiciary, prosecutors, police and prisons. That fund shall be financed by States, non-governmental organizations and the corporate sector and shall contribute to the legal empowerment of the poor;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Person(s) affected
- N.A.
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Overview of working methods and vision 2011, para. 76
- Paragraph text
- The Special Rapporteur reiterates the importance of the "exclusionary rule" in preventing and suppressing torture, and recalls the obligations of States to ensure that any statement established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made. To this end, he recommends strict adherence to this most fundamental of rules. He stresses that the exclusionary rule should not only apply to judicial and administrative proceedings, but also interpreted to include intelligence and decisions by the executive and its agencies.
- 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
- N.A.
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 81
- Paragraph text
- To ensure accountability in intelligence cooperation, truly independent intelligence review and oversight mechanisms should be established and enhanced. As a starting point for further development, the Special Rapporteur commends the guidelines proposed by the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism in his report in 2010 on a compilation of good practices on legal and institutional frameworks and measures that ensure respect for human rights by intelligence agencies while countering terrorism, including on their oversight practices (A/HRC/14/46, principles 31-35).
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 54
- Paragraph text
- Throughout his tenure, the Special Rapporteur intends to continue some of the thematic work streams initiated by his predecessors, such as the envisaged protocol on non-coercive interviewing and other issues arising in the area of police custody and pretrial detention. Furthermore, the Special Rapporteur will also endeavour to widen the protection space for victims of torture and other cruel, inhuman or degrading treatment or punishment. To that end, he intends to take up a number of issues that have not yet received systematic attention from the international community, such as torture and other cruel, inhuman or degrading treatment or punishment occurring in relation to forced migration, in extra-custodial settings and at the hands of non-State actors.
- 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
- N.A.
- Year
- 2017
- Paragraph type
- Conclusion / Recommendation
Paragraph
Commissions of inquiry 2012, para. 79
- Paragraph text
- For States interested in establishing a commission of inquiry, the Istanbul Protocol and the updated set of principles for the protection and promotion of human rights through action to combat impunity provide key guidance for the elaboration and implementation of international practice. The present report complements these highly regarded documents and previous work of the special procedures by identifying additional recommendations and best practices that are specific to the conduct of commissions of inquiry into torture and other forms of ill-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
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 68d
- Paragraph text
- [Recommendations regarding the effective investigation of allegations of torture or other ill-treatment:] Ensure the application of the Istanbul and Minnesota Protocols when performing forensic autopsies.
- 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
- N.A.
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Review of the standard minimum rules for the treatment of prisoners 2013, para. 89a
- Paragraph text
- [The Special Rapporteur calls upon the open-ended intergovernmental Expert Group to:] Consider the suggestions made in the present report in the deliberations ahead and in proposed revisions to the Rules;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Review of the standard minimum rules for the treatment of prisoners 2013, para. 89b
- Paragraph text
- [The Special Rapporteur calls upon the open-ended intergovernmental Expert Group to:] Provide financial means to further support the revision process;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 66
- Paragraph text
- Most provisions of the Convention against Torture are not territorially limited and extant jurisdictional references cannot be read to restrict or limit States' obligations to respect the rights of all persons, anywhere in the world, to be free from torture and ill-treatment. The reference "any territory under [a State's] jurisdiction" in the relevant clauses cannot be invoked to limit the applicability of the relevant obligations to the sovereign territory or territory under de jure control of States parties, or where a State party exercises control as a "governmental authority".
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 57
- Paragraph text
- The Special Rapporteur considers it an absolute priority of the mandate to continue transmitting urgent appeals to States with regard to individuals reported to be at risk of torture, as well as communications on past alleged cases of torture. However, having recently taken up his functions, the Special Rapporteur notes with serious concern that the resources allocated to the mandate are not sufficient to respond to the ever-growing number of urgent requests for intervention on behalf of individuals. The Special Rapporteur therefore appeals to the Human Rights Council, as well as to its members individually, to take every possible measure to allow the Special Rapporteur to carry out the mandate effectively.
- 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
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2017
- Paragraph type
- Conclusion / Recommendation
Paragraph
The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 70
- Paragraph text
- The Special Rapporteur observes that in practice, the transition from an executive operation to a quasi-judicial or judicial one is often seamless and that operational intelligence is often relied on in the legal proceedings that follow. By utilizing tainted information originally obtained for intelligence and policing purposes the courts tacitly endorse and condone the torture or ill-treatment itself, contradicting the very essence of the exclusionary rule.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 68
- Paragraph text
- The Special Rapporteur specifically welcomes prohibitions and restrictions introduced on the trade in certain goods that could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment by European Council Regulation No. 1236/2005 of 27 June 2005 and encourages other States to take similar initiatives.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2017
- Paragraph type
- Conclusion / Recommendation
Paragraph
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 69
- Paragraph text
- The Special Rapporteur supports and reiterates the joint recommendation made by the Special Rapporteur on the rights to freedom of peaceful assembly and of association and the Special Rapporteur on extrajudicial, summary or arbitrary executions that the United Nations High Commissioner for Human Rights convene an expert group to examine the application of the international human rights framework to “less lethal” weapons and unmanned systems for law enforcement purposes, including with a focus on their use in the context of assemblies.
- 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
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2017
- Paragraph type
- Conclusion / Recommendation
Paragraph
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 72
- Paragraph text
- States should systematically include the extra-custodial use of force in their regular reports to international mechanisms, such as the Committee against Torture and the Human Rights Committee (universal periodic review), and encourage international mechanisms, such as the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment and other special procedures, to examine the issue in their work.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2017
- Paragraph type
- Conclusion / Recommendation
Paragraph
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 71
- Paragraph text
- For States parties to the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, a key role in that respect could be assumed by national preventive mechanisms. Although the Optional Protocol does not require States to provide national preventive mechanisms with powers of oversight outside places where persons are deprived of their liberty, nothing in the relevant instruments prevents the extension of their monitoring responsibilities, as a matter of national law, to the use of force in extra-custodial settings.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2017
- Paragraph type
- Conclusion / Recommendation
Paragraph
The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 69
- Paragraph text
- Secret proceedings or "closed material procedures" inhibit the implementation of the exclusionary rule. States should ensure effective legal representation and control of the implementation of the exclusionary rule in all proceedings involving secret evidence, closed material procedures or the invocation of the "State secrets doctrine", in order to enable defendants effectively to challenge evidence, including evidence from the security services. There should be no excuses about State secrets put forward by States for violations of human 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
- N.A.
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 65c
- Paragraph text
- [In particular, as far as the extra-custodial use of force is concerned, States should ensure that their laws and regulations, including rules of engagement and similar instruments guiding and constraining the use of force in operational practice:] Require that any other extra-custodial use of force by State agents: (i) pursue a lawful purpose; (ii) be strictly necessary for the achievement of that purpose; (iii) cause no harm that would be disproportionate to the benefit of achieving that purpose and (iv) be planned, prepared and conducted so as to minimize, to the greatest extent possible, the causation of harm.
- 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
- All
- N.A.
- Year
- 2017
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 87
- Paragraph text
- Although torture constitutes one of the most brutal human rights violations and a direct attack on the core of human dignity, it continues to be widely practised in the majority of States in all parts of the world. This alarming conclusion of the Special Rapporteur on torture is based on his experience after carrying out the mandate for almost six years, and after conducting 17 fact-finding missions to countries in all regions of the world and preparing three joint studies together with other special procedures mandate holders.
- 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
- N.A.
- 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. 2
- Paragraph text
- The prohibition of torture is one of the few absolute and non-derogable human rights, a matter of jus cogens, a peremptory norm of customary international law. Examining abuses in health-care settings from a torture protection framework provides the opportunity to solidify an understanding of these violations and to highlight the positive obligations that States have to prevent, prosecute and redress such violations.
- 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
- N.A.
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Solitary confinement 2011, para. 84
- Paragraph text
- The Special Rapporteur urges States to prohibit the imposition of solitary confinement as punishment - either as a part of a judicially imposed sentence or a disciplinary measure. He recommends that States develop and implement alternative disciplinary sanctions to avoid the use of solitary confinement.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
- 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. 1
- Paragraph text
- The preceding examples of torture and ill-treatment in health-care settings likely represent a small fraction of this global problem. Such interventions always amount at least to inhuman and degrading treatment, often they arguably meet the criteria for torture, and they are always prohibited by international law.
- 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
- N.A.
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Review of the standard minimum rules for the treatment of prisoners 2013, para. 89c
- Paragraph text
- [The Special Rapporteur calls upon the open-ended intergovernmental Expert Group to:] Continue to welcome and ensure active participation in the review process by specialized civil society organizations.
- 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
- N.A.
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 65a
- Paragraph text
- [In particular, as far as the extra-custodial use of force is concerned, States should ensure that their laws and regulations, including rules of engagement and similar instruments guiding and constraining the use of force in operational practice:] Absolutely prohibit and prevent any extra-custodial use of force by State agents intentionally and purposefully inflicting pain or suffering on powerless persons, irrespective of considerations of lawful purpose, necessity or proportionality;
- 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
- All
- N.A.
- Year
- 2017
- Paragraph type
- Conclusion / Recommendation
Paragraph
Review of the standard minimum rules for the treatment of prisoners 2013, para. 88a
- Paragraph text
- [The Special Rapporteur calls upon all States to:] Apply the set of procedural standards and safeguards mentioned in the present report, at a minimum, to all cases of deprivation of liberty, as a matter of law and policy;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Review of the standard minimum rules for the treatment of prisoners 2013, para. 88c
- Paragraph text
- [The Special Rapporteur calls upon all States to:] Keep abreast of recent developments in international norms and standards and adopt, at a bare minimum, legislation and practices that are compliant with the Rules;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Review of the standard minimum rules for the treatment of prisoners 2013, para. 88d
- Paragraph text
- [The Special Rapporteur calls upon all States to:] Spare no effort to ensure the full and effective implementation of all fundamental principles contained in international treaties, regional and international jurisprudence and instruments informed by up-to-date guidelines and standards such as the Rules;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- 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. 8d
- Paragraph text
- [The Special Rapporteur calls upon all States to:] Ensure that all harm-reduction measures and drug-dependence treatment services, particularly opioid substitution therapy, are available to people who use drugs, in particular those among incarcerated populations (A/65/255, para. 76).
- 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
- N.A.
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph