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Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 72
- Paragraph text
- Where a person waives the right to counsel, means of verification should be employed to ensure that he or she received clear and sufficient information about the content of the right and the potential consequence of a waiver and to establish that the waiver was voluntary and unequivocal (see the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems). When a person invoked the right to assistance of counsel during questioning, a waiver cannot be established by evidence that he or she responded to further questioning in the absence of counsel, even if formerly advised of his or her right to remain silent. In such situations, the interview cannot continue until the assistance of counsel is actualized, unless the interviewee initiates further communication with interviewers (see European Court of Human Rights, Pishchalnikov v. Russia).
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 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. 75
- Paragraph text
- The protocol should contain guidance on the right to free legal assistance. Many States regrettably still lack the resources and capacity necessary to provide legal aid (see the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems). In the absence of a sufficient number of certified lawyers and a full-fledged legal aid system covering all stages of deprivation of liberty, authorities should, as an interim measure, grant detainees the right to have a trusted third party present during questioning during initial custody (see CAT/OP/BEN/1). The United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, while asserting that lawyers are the first providers of legal aid, confirm that other stakeholders, including non-governmental organizations, community-based organizations, professional bodies and associations and academic institutions, may step in to fulfil this function.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 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. 76
- Paragraph text
- Persons arrested or detained on criminal charges must be informed of their right to remain silent during questioning by law enforcement in accordance with article 14 (3) (g) of the International Covenant on Civil and Political Rights. This right is inherent to the presumption of innocence and key to torture prevention efforts, given that interviewers respecting this right are unlikely to resort to abusive questioning methods. Suspects must be duly warned, at the beginning of every interview, that their words may be used in evidence against them. Persons' willing agreement to provide statements during questioning following this warning cannot be regarded as a fully informed choice when they were not expressly notified of the right to remain silent or when the decision was taken without the assistance of counsel (see European Court of Human Rights, Stojkovic v. France and Belgium).
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 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. 85
- Paragraph text
- Suspect interviews must be at least audio, and preferably video, recorded (see A/HRC/4/33/Add.3 and A/68/295). Video recorders should capture the entire interview room, including all persons present. Video recording discourages torture while providing an authentic and complete record that can be reviewed during the investigation and used for training purposes. It cannot, however, be used as an alternative to the presence of counsel (see CAT/C/AUT/CO/3 and A/HRC/25/60/Add.1). The Special Rapporteur acknowledges the financial implications associated with the use of video-recording equipment. The protocol may explore alternative solutions, such as limiting the mandatory use of audiovisual recording to interviews of suspects, vulnerable victims or witnesses.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Humanitarian
- 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. 86
- Paragraph text
- Recording should not be limited to confessions or other incriminating statements. Whatever the format, several elements must be recorded during an interview, including: its place, date, time and duration; the intervals between sessions; the identity of the interviewers and any other persons present and any changes in individuals present during questioning (see Human Rights Council resolution 31/31); confirmation that the interviewee was informed of his or her rights and availed himself or herself of the opportunity to exercise them and confirmation of any voluntary waiver; the substance and content of questions asked and answers, in addition to any other information, provided by the interviewer or interviewers or the suspect (see the Luanda Guidelines, guideline 9 (e)); and the time and reasons for any interruption and time of resumption of the interview (rules of procedure and evidence of the International Criminal Court, rule 112 (1)).
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Solitary confinement 2011, para. 28
- Paragraph text
- In 1990, the General Assembly adopted resolution 45/111, the Basic Principles for the Treatment of Prisoners. Principle 7 states that efforts to abolish solitary confinement as a punishment, or to restrict its use, should be undertaken and encouraged.
- 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
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 55
- Paragraph text
- Ex officio investigations, as required by article 12 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, are one of the strongest tools for preventing torture and combating impunity. As victims are often unaware of existing complaints mechanisms, they lack confidence that their complaints will be effectively addressed or they are afraid to file them. This problem is worse in countries where the obligation to initiate ex officio investigations is not enshrined in the law, as was observed by the Special Rapporteur in some of his missions, including those to Jamaica and Sri Lanka. Whenever there are reasonable grounds, including credible evidence, that an act of torture has been committed, States should conduct an investigation, irrespective of whether a complaint has been filed. In Jordan, the Special Rapporteur found that even though the Court of Cassation had overturned a number of convictions on the grounds that security officials had obtained confessions under torture, this did not trigger official criminal investigations against the perpetrators. The same holds true for Sri Lanka.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 64
- Paragraph text
- Centres for the rehabilitation of victims of torture support survivors in their efforts to learn to live with their experiences and assist them in regaining the strength to lead self-determined lives. Reflecting the far-reaching consequences of torture, rehabilitation centres provide a holistic treatment for survivors, aimed at healing their "bodies, minds and social ties". Rehabilitation centres possess specialized medical know-how and experience in dealing with torture injuries, and provide primary care and sometimes longer in-patient stays focusing on pain relief and the avoidance of any long-term physical impairment. Their specialization in torture traumata facilitates the provision of high-quality care, and provides expertise from which other members of the health community, for example local hospitals, can learn. In terms of psychological treatment, rehabilitation centres constitute first and foremost a safe haven where survivors have their suffering acknowledged and can develop trust towards those around them. The specific treatment that is eventually provided depends on their specific situation and personality and the type of abuse they have suffered, and also reflects the relevant cultural context. Patients may initially stay for some time at the rehabilitation centres, where intensive psychological counselling and, if needed, adequate psychotropic medication is provided. Overwhelmingly, the experience of torture requires long-term psychological support, which may include individual or group counselling, occupational therapy, social rehabilitation and other forms of support. Rehabilitation centres assist their clients for years on their long journey back into their lives.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 65
- Paragraph text
- It is important to note that the services provided by rehabilitation centres for the victims of torture go beyond the medical aspects of rehabilitation. They also contribute to raising awareness of the issue of torture and the establishment of justice. Alerting and informing society of the prevalence of torture and States' involvement in it can trigger public pressure and eventually bring about policy changes. During his visit to the Republic of Moldova, the Special Rapporteur was impressed with the work of the Medical Centre for Rehabilitation of Torture Victims in Chisinau, which had managed to inform, train and mobilize lawyers, journalists and other professionals in order to support victims and disseminate information about cases of torture, both within the country and abroad. In the United Kingdom of Great Britain and Northern Ireland, the Medical Foundation for the Care of Victims of Torture initiates programmes of survivor activism, encouraging victims to share with the public their stories, images and communications about survival, and works to make their voices heard. Similarly, centres in Argentina, Brazil and Chile are at the forefront when it comes to dealing with the legacy of the national security regimes and the continuing impunity for the crimes committed during those periods. In many countries, rehabilitation centres engage in campaigns advocating for legal reform and the passing of laws that comply with the Convention against Torture and its Optional Protocol. In Pakistan, Struggle for Change, aside from providing multidisciplinary services to survivors, played a leading role in national advocacy efforts that eventually contributed to the ratification of the Convention.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 67
- Paragraph text
- Throughout his tenure of the mandate, the Special Rapporteur has been impressed by the courageous, dedicated and professional work undertaken by rehabilitation centres around the world. In all the centres he visited during his fact finding missions, he was impressed that staff members had been working extremely hard and often at considerable personal sacrifice. Confronted with the continuous arrival of new victims, aware of the large number of those who cannot be reached and knowing how quickly a person's life can be broken and how long it takes to heal, their work may at times appear frustrating. Working with survivors of torture involves listening to their experiences of abuse and its consequences, and may place a considerable psychological burden on those treating torture victims. Nevertheless, the staff of rehabilitation centres work relentlessly, often on a voluntary basis, in order to provide treatment and shelter.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 69
- Paragraph text
- More subtle, but similarly obstructive, has been the introduction of new, sweepingly restrictive regulations for civil society organizations in many countries. While it has to be recognized that it is within the discretion of each State to adopt domestic legislation concerning non-governmental organizations, such provisions sometimes appear to be more the expression of a general suspicion or even hostility towards the work of civil society organizations working in the field of human rights, rather than serving any reasonable administrative purpose. In Egypt, the El Nadeem Centre for Rehabilitation of Victims of Violence, which provides holistic support to victims of torture through medical rehabilitation, family support and legal aid, is threatened by a proposed law on non-governmental organizations. If approved, the law will lead to the centre's closure, along with that of many independent non governmental organizations. A similar situation already exists in Algeria, where the political situation presents extreme challenges for the establishment of non governmental organizations. As a result, despite efforts by the International Rehabilitation Council for Torture Victims, there is as yet no rehabilitation centre in the country. Likewise, in the Sudan, the Amel Centre for Treatment and Rehabilitation of Victims of Torture was recently closed in a crackdown on independent non-governmental organizations. Yet, in other areas work continues. In Zimbabwe, the Counselling Services Unit, which the Special Rapporteur visited in 2008, is a heartening example of how courageous individuals manage to provide crucial rehabilitation services and documentation in sometimes extreme circumstances. There are other examples of rehabilitation centres providing unmatched services, yet many prefer to keep a low profile because of the dangers of public exposure resulting from the nature of their work.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 71
- Paragraph text
- As earlier emphasized, international human rights law places States under the obligation to ensure that victims of torture are provided with the means for as full physical and psychological rehabilitation as possible, implying the establishment or support of torture rehabilitation centres. At the same time, one has to realize that the majority of torture survivors do not have access to adequate treatment. Most centres, where they do exist, are overburdened by the number of victims, and their staff members constantly operate on the verge of exhaustion. This distressing situation is largely attributable to the limited financial support for rehabilitation centres. Reflecting this impasse, the United Nations Voluntary Fund for Victims of Torture, as one of the main sources of funding for rehabilitation centres worldwide, receives grant requests every year for more than double the resources it is provided with by a relatively small number of donor States. In its 2009 report, the Board of Trustees of the Fund held out the prospect of a financial gap of 3 million United States dollars, which would equate to a reduction of its grants by 20 per cent unless State contributions increase. Furthermore, the recent global financial crisis has had a tangible impact on many centres, forcing them to cut back existing services because funding from private foundations has decreased. The Kosovo Rehabilitation Centre for Torture Victims, in Pristina, which has carried out excellent work, is facing closure in December 2010 because of a lack of funding. In Greece, the Medical Rehabilitation Centre for Torture Victims, in Athens, closed in 2009 for lack of funding, resulting in a complete lack of rehabilitation centres for torture victims.
- 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
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 72
- Paragraph text
- While the United Nations Voluntary Fund for Victims of Torture and international donors such as the European Union (EU), as well as private foundations, are the most important sources of support for rehabilitation centres, it has to be noted that Governments fall overwhelmingly short of their obligation and leave domestic centres and torture survivors struggling. The Special Rapporteur interprets this shortcoming as a further example of the prevalent reluctance on the part of States to deal with the issue of torture in a rigorous manner and to acknowledge the scope of the problem. The unwillingness to ensure adequate funding of domestic rehabilitation centres is a manifestation of the same attitude of taking torture prevention lightly that results in failure to investigate crimes perpetrated by State agents and to eventually hold them accountable.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Solitary confinement 2011, para. 41
- Paragraph text
- The imposition of solitary confinement as a part of an individual's judicially imposed sentence often arises in circumstances of particularly egregious crimes or crimes against the State. For instance, in some central European States, individuals convicted and sentenced to capital punishment and to life imprisonment serve their time in solitary confinement (A/64/215, para. 53). In other States, such as in Mongolia, death sentences may be commuted to life sentences spent in solitary confinement (E/CN.4/2006/6/Add.4, para. 47). The use of solitary confinement as a disciplinary measure within prisons is also well documented and is likely the most pervasive rationale for the use of solitary confinement as a form of punishment. Disciplinary measures usually involve the violation of a prison rule. For instance, in Nigeria detainees are punished with solitary confinement of up to three days for disciplinary offences (A/HRC/7/3/Add.4, appendix I, para. 113). Similarly, in the Abepura Prison in Indonesia, solitary confinement for up to eight days is used as a disciplinary measure for persons who violate prison rules (A/HRC/7/3/Add.7, appendix I, para. 37).
- 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
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Solitary confinement 2011, para. 44
- Paragraph text
- Individuals determined to be terrorist suspects or national security risks are often subjected to solitary confinement as well. For instance, in Equatorial Guinea a section of the Black Beach Prison consisting of single cells is used for solitary confinement of high security prisoners (A/HRC/13/39/Add.4, appendix I). Solitary confinement can be also used as a coercive interrogation technique, and is often an integral part of enforced disappearance or incommunicado detention (A/63/175, annex). As noted within category (a) in paragraph 40 above, national security also serves as a primary reason for the imposition of solitary confinement as a result of a judicial sentence. For example, in China an individual sentenced for "unlawfully supplying State secrets or intelligence to entities outside China" was allegedly held in solitary confinement for two years of her eight-year sentence (E/CN.4/2006/6/Add.6, appendix 2, para. 26).
- 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
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Solitary confinement 2011, para. 47
- Paragraph text
- The particular conditions in which detainees are held in solitary confinement vary between institutions and jurisdictions. Most, however, have a number of physical and non-physical conditions (or a prison regime) in common.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Solitary confinement 2011, para. 48
- Paragraph text
- The principal physical conditions relevant to solitary confinement are cell size, presence of windows and light, and access to sanitary fixtures for personal hygiene. In practice, solitary confinement cells typically share some common features, including: location in a separate or remote part of the prison; small, or partially covered windows; sealed air quality; stark appearance and dull colours; toughened cardboard or other tamperproof furniture bolted to the floor; and small and barren exercise cages or yards (E/CN.4/2006/6/Add.3, para. 47). In some jurisdictions, prisoners in solitary confinement are held in leg irons and subjected to other physical restraints (A/HRC/13/39/Add.4, para. 76 (f)).
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Solitary confinement 2011, para. 52
- Paragraph text
- The principal aspects of a prison regime relevant to an assessment of the conditions of solitary confinement include access to outdoor exercise and programming, access to meaningful human contact within the prison, and contact with the outside world. In accordance with rule 21 of the Standard Minimum Rules for the Treatment of Prisoners, every prisoner who is not employed in outdoor work shall have at least one hour of suitable exercise in the open air daily if the weather permits. Similarly, the European Committee for the Prevention of Torture emphasizes that all prisoners without exception should be afforded the opportunity to have one hour of open-air exercise per day. However, State practice indicates that these standards are not always observed. In Jordan, for example, a detainee was allowed outside of his solitary confinement cell for only one hour per week (A/HRC/4/33/Add.3, appendix, para. 21). In Poltrotsky v. Ukraine, the European Court of Human Rights found that a lack of opportunity for outdoor exercise, coupled with a lack of access to natural light, constitutes a violation of article 3 of the European Convention on Human Rights.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Solitary confinement 2011, para. 61
- Paragraph text
- There is no international standard for the permitted maximum overall duration of solitary confinement. In A.B. v. Russia, the European Court of Human Rights held that detaining an individual in solitary confinement for three years constituted a violation of article 3 of the European Convention on Human Rights. By contrast, in the United States of America, it is reported that two prisoners have been held in solitary confinement in a Louisiana prison for 40 years after failed attempts at judicial appeal of the conditions of their confinement. As explained in paragraph 26 above, the Special Rapporteur finds that solitary confinement exceeding 15 days is prolonged.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Solitary confinement 2011, para. 89
- Paragraph text
- The Special Rapporteur reiterates that solitary confinement should be used only in very exceptional circumstances, as a last resort, for as short a time as possible. He emphasizes that when solitary confinement is used in exceptional circumstances, minimum procedural safeguards must be followed. These safeguards reduce the chances that the use of solitary confinement will be arbitrary or excessive, as in the case of prolonged or indefinite confinement. They are all the more important in circumstances of detention where due process protections are often limited, as in administrative immigration detention. Minimum procedural safeguards should be interpreted in a manner that provides the greatest possible protection of the rights of detained individuals. In this context, the Special Rapporteur urges States to apply the following guiding principles and procedural safeguards.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 33
- Paragraph text
- The United Nations High Commissioner for Human Rights has suggested that hanging, as a matter of law, is contrary to article 7 of the Covenant. In 2007, the High Commissioner submitted an amicus curiae application to the Iraqi Supreme Criminal Tribunal because of the real risk that the method of execution would itself amount to inhuman or degrading treatment or punishment. Acknowledging that the prohibition of cruel, inhuman and degrading treatment was a core provision of international human rights law, the High Commissioner found that the executions (by hanging), were so flawed as to amount, in their implementation, to cruel, inhuman and degrading punishment.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 38
- Paragraph text
- Following a number of executions in the United States, it has recently become apparent that the regimen, as currently administered, does not work as efficiently as intended. Some prisoners take many minutes to die and others become very distressed. New studies conclude that even if lethal injection is administered without technical error, those executed may experience suffocation, and therefore the conventional view of lethal injection as a peaceful and painless death is questionable. Experts suggest that current protocols used for lethal injection in the United States probably violate the prohibition of cruel and unusual punishment.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 43
- Paragraph text
- Regional courts have confirmed the existence and destructive nature of the death row phenomenon. In the landmark decision Soering v. United Kingdom (1989), the European Court of Human Rights held that the death row phenomenon as practised in the State of Virginia in the United States of America violated the prohibition of cruel, inhuman and degrading treatment. The Court was presented with facts detailing the extensive period of time people spend on death row in extreme conditions and the ever-mounting anguish of awaiting execution. The European Court in subsequent decisions reaffirmed this view.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 46
- Paragraph text
- In 1993, the Judicial Committee of the Privy Council of the British House of Lords took the approach that length of time is the sole factor in constituting cruel or inhuman punishment. The case of Pratt and Morgan v. Jamaica created a presumption that spending more than five years on death row met the criteria necessary for a finding of death row phenomenon. The Privy Council's reasoning was that the domestic appeals process should take approximately two years and an appeal to an international body should take approximately 18 months. By combining the two, and adding an appropriate amount of time for reasonable delay, the Court was able to come up with a timetable of five years. In a number of cases, the Privy Council relied on the five-year principle as a guide. In Guerra v. Baptiste (1996), it found that four years and ten months under sentence of death, as a result of factors beyond the prisoner's control, constituted the death row phenomenon and therefore a violation. In Henfield v. Bahamas (1997), three and a half years was deemed an appropriate time limit. Similarly, in the landmark ruling of the Supreme Court of Uganda in January 2009, the Court held that to execute a person after a delay of three years in conditions that were not acceptable by Ugandan standards would amount to cruel, inhuman punishment. With regard to the reasons for the delay, the Privy Council found that delay inappropriately caused by the prisoner could not be used to the advantage of the inmate but where a State caused the delay, it was logical to hold the State responsible for violating the prisoner's rights. However, where delay was caused by a prisoner exercising his legitimate right to appeal, the fault was to be attributed to the appellate system that permitted such delay and not to the prisoner who took advantage of it. The Privy Council recognized that a prisoner would cling to any hope in order to protect his or her life, and that such human instinct could not be treated as a prisoner's fault. The European Court went even further and took the position that even if the delay was the result of the inmate's actions, he or she was not to be blamed for pursuing life as the fact remained that individuals were pursuing life under death row conditions with mounting tension over their own death.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 47
- Paragraph text
- Prolonged delay is, however, only one cause of the death row phenomenon and, considered alone, may be harmful to a prisoner's rights. This approach risks conveying a message to States parties to carry out a capital sentence as expeditiously as possible after it is imposed. The Human Rights Committee declined to find that delay alone is enough to warrant a finding of death row phenomenon and a violation based on torture or cruel, inhuman or degrading punishment. Consequently, even in cases of detention on death row for more than 10 years, the Committee maintained its previous practice of not finding a violation of article 7 of the Covenant unless such detention was aggravated by particularly harsh prison conditions. However, prolonged detention, as with any other delay in the process, must be subject to judicial review and the highest standards of regular review must be applied. Medical assistance and psychological follow-up should also be considered. It is the combined deprivation of basic human rights on death row which amounts to inhuman and degrading treatment or even 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
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 49
- Paragraph text
- Other harsh conditions currently employed on death rows throughout the world may themselves constitute violations of the prohibition of torture or cruel, inhuman or degrading treatment. The Human Rights Committee has expressed concern over the living condition of inmates on death row in terms of visits and correspondence, cell size, food, exercise, extreme temperatures, lack of ventilation, and lack of time outside of cells as constituting violations of articles 7 and 10 of the Covenant. The Special Rapporteur's predecessor, in the report on his visit to Mongolia, declared that physical conditions on Mongolia's death row alone might be so poor as to amount to cruel treatment (see E/CN.4/2006/6/Add.4).
- 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
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 80c
- Paragraph text
- [Whether or not a customary norm prohibiting the death penalty has crystallized, the Special Rapporteur calls upon all retentionist States to observe rigorously the restrictions and conditions imposed by article 7 of the International Covenant on Civil and Political Rights and article 1 or article 16 of the Convention against Torture. The Special Rapporteur calls upon retentionist States:] To refrain from carrying out executions in public or in any other degrading manner; end the practice of secret executions; and end the practice of executions with little or no prior warning given to condemned prisoners and their families;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Commissions of inquiry 2012, para. 39
- Paragraph text
- The Human Rights Council also mandated a fact-finding mission on the Gaza conflict, in 2009, and a fact-finding mission for the Syrian Arab Republic, in 2012.
- 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
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Commissions of inquiry 2012, para. 45
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- In response to international pressure, the President of Kyrgyzstan, after consultations with the European Union, the Organization for Security and Cooperation in Europe and the Office of the United Nations High Commissioner for Human Rights, established a commission of inquiry into the events in southern Kyrgyzstan. The Special Rapporteur will take note of these findings in his forthcoming report on Kyrgyzstan, following his visit in December 2011. He will also take note of the Government's response when formulating his own recommendations, which will include an examination of the events of June 2010 in Osh and surrounding provinces, in addition to other issues within the scope of his mandate.
- 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
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Commissions of inquiry 2012, para. 55
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- If a commission of inquiry precedes formal criminal prosecutions, or the two mechanisms exist simultaneously, care must be taken to ensure that the work of the commission does not inhibit prosecutions in any way. In establishing an international commission of inquiry to investigate the assassination of former Prime Minister of Pakistan Mohtarma Benazir Bhutto, the Secretary-General agreed that the international commission should be fact-finding in nature and not be a criminal investigation; the duty of carrying out a criminal investigation, finding the perpetrators and bringing them to justice, remains with the competent Pakistani authorities.
- 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
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph