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Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 41
- Paragraph text
- The Court has also made numerous findings of inhuman or degrading treatment in cases involving the unnecessary or excessive use of force in the context of demonstrations. In Abdullah Yasa and Others v. Turkey, the Court found the launch of a tear gas grenade along a direct flat trajectory aimed towards protestors to be contrary to article 3 of the European Convention on Human Rights because it was not “proportionate to the aim pursued, namely to disperse a non-peaceful gathering” and because the severity of the resulting injuries to the applicant’s head were not “commensurate with the strict use by the police officers of the force necessitated by his behaviour”.
- 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
- Violence
- Year
- 2017
Paragraph
Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 18
- Paragraph text
- The European Court of Human Rights also recognizes that States are responsible for the physical and mental integrity of persons under their authority, power or control, finding that States' responsibilities "may arise in respect of acts and events [taking place] outside [their] frontiers" and due to the acts of their agents, "whether performed within or outside national boundaries, which produce effects outside their own territory" (Loizidou v. Turkey; mutatis mutandis, M v. Denmark). Such scenarios recognized by the Court include the "exercise [of] authority and control over individuals killed in the course" of security operations by one State on the territory of another State (Al-Skeini v. The United Kingdom); the handover of individuals to the custody of a State's agents abroad (Öcalan v. Turkey); the interception and imposition of control over a ship (and persons therein) in international waters (Jamaa and others v. Italy); the detention of individuals in prisons operated or controlled by the State party abroad (Al-Saadoon and Mufdhi v. The United Kingdom); exercise of control over an area outside national territory as a consequence of military action (Hassan v. The United Kingdom); or the exercise of physical control over an individual, including outside formal detention facilities (Issa and others v. Turkey). Whenever a State exercises control over an individual extraterritorially through its agents, it must secure the substantive rights and freedoms under the Convention that are relevant to the situation of that individual (Al-Skeini).
- 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
- 2015
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
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
Paragraph
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 83
- Paragraph text
- The interpreter's role during questioning is to facilitate communication neutrally and objectively. His or her presence serves as a safeguard against mistreatment and coercion. The protocol should provide practical guidance as to the role, rights and responsibilities of interpreters during the conduct of interviews and emphasize that the right to interpretation applies to the questioning of all persons who are arrested or deprived of liberty, including during armed conflict and in administrative detention (Body of Principles, principle 14).
- 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
- Year
- 2016
Paragraph
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 44
- Paragraph text
- In Selçuk and Asker v. Turkey, the Court found the unjustified destruction of private homes to be inhuman treatment because it was “premeditated and carried out contemptuously and without respect for the feelings of the applicants”, who “had to stand by and watch the burning of their homes” while inadequate precautions were taken to ensure their safety and no subsequent assistance was provided.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Year
- 2017
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
Paragraph
Commissions of inquiry 2012, para. 41
- Paragraph text
- Several contemporary national commissions of inquiry have been established to examine issues concerning State secrets and complicity in torture in the aftermath of the terrorist attacks of 11 September 2001. Two such commissions of inquiry are the Detainee Inquiry in the United Kingdom (commonly known as the Gibson Inquiry) and the Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar, in Canada (also referred to as the Arar Commission).
- 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
- Violence
- Year
- 2012
Paragraph
Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 19
- Paragraph text
- The Special Rapporteur contends that the excessive use of force by State agents extraterritorially, resulting in loss of life or injury that meets the threshold for torture or other ill-treatment but occurs in the absence of direct physical control over an individual in the form of custody or detention, must also qualify as constituting authority and control by States (European Court of Human Rights, Andreou v. Turkey). It is imperative that States not be permitted to evade their fundamental obligations on the basis of a spurious distinction based on whether a State exercised direct physical control over an individual before committing the injurious act. In this context, the Special Rapporteur welcomes the judgement of the Inter-American Court of Human Rights in Alejandre v. Cuba finding the State responsible for the shooting down of two civilian aeroplanes flying in international airspace. He likewise welcomes the finding of the European Court in Jaloud v. The Netherlands that the State breached its procedural obligations to investigate the killing of Mr. Jaloud and the pronouncement that the shooting of a vehicle passing a checkpoint in Iraq constituted an exercise of jurisdiction "for the purpose of asserting authority and control over persons passing through the checkpoint".
- 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
- 2015
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
Paragraph
Commissions of inquiry 2012, para. 45
- Paragraph text
- 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
Paragraph
11 shown of 11 entities