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Impunity as a root cause of the prevalence of torture 2010, para. 85
- Paragraph text
- In order for national preventive mechanisms to carry out their functions effectively, they must have a clear understanding of their tasks and roles. Particular problems can arise for a national preventive mechanism that functions within a previously existing institution such as a national human rights institution, for a national preventive mechanism composed of several bodies and for a national preventive mechanism that cooperates institutionally with civil society organizations. Those models all require a particular effort of planning and coordination and a clarification of the exact roles and tasks within the institution. In national human rights institutions designated as national preventive mechanisms, the roles of the members of the national preventive mechanism and the staff of the national human rights institution may not always be clear and the different tasks of the national human rights institution may impede the effective and autonomous functioning of the national preventive mechanism. Therefore, it is recommended that national human rights institutions designated as national preventive mechanisms create separate units or departments where employees are explicitly and fully assigned for the performance of the tasks of the national preventive mechanism, as in Costa Rica, Luxembourg, Maldives, Mexico and Spain. The units should have an autonomous agenda and programme of action, and their own staff and budget. Concerning the designation of several existing institutions as national preventive mechanisms, as in the United Kingdom and New Zealand, adequate coordination of the work of the bodies is necessary in order for them to function effectively and coherently. An equal need for coordination and coherence arises in cases where national preventive mechanisms cooperate institutionally with non governmental organizations, as in the Republic of Moldova and Slovenia. In the Republic of Moldova, their institutional involvement has led to a serious internal conflict over the competences and roles of the different members. Additionally, there is a risk of the dilution of their mandates for non-governmental organizations and of a loss of independence and credibility for the national preventive mechanism if the division of tasks is unclear.
- 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
- 2010
Paragraph
Solitary confinement 2011, para. 21
- Paragraph text
- The Special Rapporteur's predecessors have noted that prolonged solitary confinement may itself amount to prohibited ill-treatment or torture (E/CN.4/1999/61, para. 394, and E/CN.4/2003/68, para. 26 (m)).
- 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
Solitary confinement 2011, para. 62
- Paragraph text
- Negative health effects can occur after only a few days in solitary confinement, and the health risks rise with each additional day spent in such conditions. Experts who have examined the impact of solitary confinement have found three common elements that are inherently present in solitary confinement - social isolation, minimal environmental stimulation and "minimal opportunity for social interaction". Research further shows that solitary confinement appears to cause "psychotic disturbances," a syndrome that has been described as "prison psychoses". Symptoms can include anxiety, depression, anger, cognitive disturbances, perceptual distortions, paranoia and psychosis and self-harm (see annex for a comprehensive list of symptoms).
- 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
- 2011
Paragraph
Overview of working methods and vision 2011, para. 55
- Paragraph text
- In his report to the 13th session of the Human Rights Council, the Special Rapporteur on the promotion and protection of human rights while countering terrorism takes the view that "reliance on information from torture in another country, even if the information is obtained only for operational purposes, inevitably implies the "recognition of lawfulness" of such practices and therefore triggers the application of principles of State responsibility. Hence, States that receive information obtained through torture or inhuman and degrading treatment are complicit in the commission of internationally wrongful acts. Such involvement is also irreconcilable with the obligation erga omnes of States to cooperate in the eradication of torture." The Special Rapporteur shares this view and believes that this is a good starting point for future deliberation on the subject.
- 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
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
Overview of working methods and vision 2011, para. 68
- Paragraph text
- The Special Rapporteur considers the issues of torture and ill-treatment of victims in secret detention as a key concern that falls squarely within his mandate. He intends to follow up on any new and credible allegations concerning the ongoing use of places of secret detention by States or their complicity regarding their existence. Eradicating such practices is central to the prevention of torture and the Special Rapporteur believes that engagement in this issue cannot be seen as an unwarranted expansion of the definition of torture set forth in article 1 of the Convention or of the treaty's establishment of responsibility for its occurrence.
- 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
Commissions of inquiry 2012, para. 36
- Paragraph text
- There are also examples of commissions of inquiry that have had limited success owing to other factors. In 2009, the Government of Sri Lanka dissolved the Presidential Commission of Inquiry, established to look into serious violations of human rights committed since 2006. The Commission was unable to complete its mandate as no extensions were granted owing to a lack of resources and political will. The final report of the truth and reconciliation commission in Liberia received criticism that it was poorly drafted, lacked transparent explanation of the evidence on which it was based and contained inconsistent policy recommendations. The law that established the truth and reconciliation commission in Indonesia in 2005 was struck down by the Constitutional Court on the grounds that the prerequisite of granting amnesties to perpetrators violated victims' rights as protected by the Constitution of Indonesia. The truth and reconciliation commission established in the Democratic Republic of the Congo in 2003 suffered from a number of critical flaws in its structure, including, most prominently, a lack of transparency in the selection of the commissioners, who included individuals with ties to those implicated in the crimes to be investigated.
- 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
- 2012
Paragraph
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 55
- Paragraph text
- In the 1978 case of Tyrer v. United Kingdom, the European Court of Human Rights referred to the European Convention as a living instrument that needed to be interpreted in the light of present-day conditions. In the Selmouni case (1999), the Court invoked this reasoning and argued that the definition of torture had to evolve with a democratic society's understanding of the term. Similar shifts in international law and, in particular, evolution of the understanding of prohibition of torture as encompassing prohibition of slavery and domestic violence or, more recently, the qualification of rape as falling within the scope of the prohibition of torture and cruel, inhuman or degrading treatment, show that the notion of torture has developed over time, and acts originally considered as lawful become unlawful and prohibited under the right to be free from torture (e.g., see A/HRC/13/39, para. 60).
- 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
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 27
- Paragraph text
- It has long been the view in doctrine and jurisprudence that article 6 of the Covenant (as well as the exclusion of "pain and suffering arising only, inherent in or incidental to lawful sanctions" from the definition of torture in art. 1, para. 1, of the Convention against Torture) means that the death penalty cannot be considered per se a violation of the prohibition of torture and cruel, inhuman or degrading treatment or punishment. However, as noted by the Special Rapporteur's predecessor in his 2009 report on the death penalty (A/HRC/10/44) in reference to judicial bodies, such interpretation may change over time, as was the case with the prohibition of corporal 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
- Person(s) affected
- All
- N.A.
- Year
- 2012
Paragraph
Commissions of inquiry 2012, para. 77
- Paragraph text
- The report of the commission of inquiry should be published widely and in a manner that is accessible to the broadest audience possible, and should explain the commission's findings of fact and the legal analysis that supports its conclusions. The report should also contain detailed recommendations for all branches of Government (or to the international community, if applicable) on how to fulfil the State's obligations with regard to truth, justice, reparation to victims and guarantees of non-repetition. Through its highest authorities, the State should respond promptly to the publication of the commission's report, indicating its acceptance or rejection of each recommendation, with carefully reasoned explanations, and ideally a timetable for implementation of the recommendations.
- 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
- 2012
Paragraph
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 20
- Paragraph text
- During fact-finding missions, the Special Rapporteur has observed that States are reluctant to carry out criminal investigations into torture allegations and accurate statistics on the incidence of torture are difficult to obtain. The lack of investigation, together with the lack of accountability, perpetuates the practice of torture and other ill-treatment. Scientific evidence obtained by thorough, impartial and independent forensic evaluations assists States to comply with their obligation systematically to investigate, prosecute and punish each incident of torture, and plays a major role in preventing future acts of torture by fighting impunity and holding perpetrators accountable. This report is about forensic "medical" science and its value in fulfilling the obligations attached to the prohibition of torture in international law. The Special Rapporteur is aware that forensic science encompasses also other disciplines and technologies and methods, such as ballistics, graphology, crime scene investigations, among others. Several of those other forensic sciences can also aid in the investigation and prevention of torture and its redress; medical forensics, however, are both central to the effective application of the international law on torture and sorely lacking or neglected in many parts of the world. Enhancement of all forensic capabilities - but especially legal medicine - would result in much better and more humane ways to fight crime of any sort, and would go a long way to abolishing torture. The focus of this report is to urge improvements in the quality of investigations through effective documentation of evidence of torture, to establish standards for the effective use of expert forensic evidence in legal investigations, including procedural safeguards, and to urge sharing of scientific knowledge and technological advances.
- 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
- 2014
Paragraph
The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 45
- Paragraph text
- In this sense, the customary non-refoulement provision, as contained in article 3 of the Convention, is one obligation under the overarching aim of preventing torture and other ill-treatment. It contains the obligation of States not to return a person if there are substantial grounds for believing that he or she would be in danger of being subjected to torture, even outside the territory and control of a State. In the case of Soering v. the United Kingdom, the European Court of Human Rights ruled that even though the European Convention for the Protection of Human Rights and Fundamental Freedoms does not contain a specific non-refoulement provision prohibiting the extradition of a person to another State where he would be subject, or be likely to be subjected, to torture or other ill-treatment, such obligation was already inherent in the general terms of the prohibition against torture by referring to the recognition of its absolute nature and its fundamental value for democratic societies.
- 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
- 2014
Paragraph
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 48
- Paragraph text
- Forensic evidence is a type of expert evidence. The purpose of expert evidence is to provide the court with information based on scientific methods, the interpretation of which is outside the experience and specialized knowledge of a court. It is the task of the court to decide whether there is a need for expert evidence, to order its procurement and to establish the competency of each expert witness. Accordingly, where forensic evidence forms only part of the total factual matrix, as in most cases, the issue for a decision-maker in a criminal trial is to determine what use can and should be made of that forensic evidence.
- 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
- 2014
Paragraph
Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 44
- Paragraph text
- The Special Rapporteur reminds States that the core purpose of the Convention against Torture was the universalization of a regime of criminal punishment for perpetrators of torture, building upon the regime already in existence under international human rights, customary international law and international humanitarian law. By its terms, the Convention provides for far-reaching extraterritorial obligations to bring perpetrators of torture to justice. Article 5 (1) obliges States to establish jurisdiction over all acts of torture on the territoriality, flag, active nationality and passive nationality principles. All States have a customary international law obligation to investigate, prosecute and punish all acts of torture and other ill-treatment as codified, inter alia, in 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
- Person(s) affected
- All
- N.A.
- Year
- 2015
Paragraph
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 56
- Paragraph text
- To promote the value and use of medical documentation of torture and broaden the level of implementation of the international standards contained in the Istanbul Protocol, a new initiative has been launched. The Istanbul Protocol Plan of Action is spear-headed by civil society organizations (the International Rehabilitation Council for Torture Victims, Physicians for Human Rights, Redress and Human Rights Foundation Turkey). The Special Rapporteur supports this initiative, which seeks formal State recognition of the Istanbul Protocol so that administrative, legislative, judicial and independent human rights authorities adopt and apply the Protocol.
- 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
Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 32
- Paragraph text
- The obligation enshrined in article 2 of the Convention, which requires States to take effective legislative, administrative, judicial and other measures to prevent torture in "any territory under [their] jurisdiction", applies to all areas and places "where the State party exercises, directly or indirectly, in whole or in part, de jure or de facto effective control"; furthermore, the scope of "territory" in article 2 encompasses "situations where a State party exercises, directly or indirectly, de facto or de jure control over persons in detention" and applies to "all persons under the effective control of its authorities, of whichever type, wherever located in the world" (CAT/C/USA/CO/2, para. 15). The Committee has clarified that this applies to all provisions expressed as applicable to territory under the State party's jurisdiction, which further apply, inter alia, to the prohibition against other ill-treatment contained in article 16.
- 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
- 2015
Paragraph
Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 13
- Paragraph text
- The Special Rapporteur examines herein States' obligations to respect and ensure the right of all persons to be free from torture and ill-treatment and to comply with attendant legal obligations imposed by customary and applicable treaty law whenever they engage in acts or breach the human rights of individuals outside their borders, and to ensure a broader range of positive obligations when they are in a position to do so extraterritorially. Denying the applicability of extant legal standards to torture or other ill-treatment committed, sponsored, aided or effectively controlled or influenced by States outside their territories can create incentives for States to avoid absolute legal obligations and amount to serious breaches of international law. The Special Rapporteur considers that it is essential to ensure that there is no vacuum of human rights protection that is due to inappropriate and artificial limits on territorial jurisdiction.
- 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
- 2015
Paragraph
Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 50
- Paragraph text
- In R. v. Pinochet (No. 3), the United Kingdom House of Lords approved the extradition of the former President of Chile to face torture charges in Spain, finding that the "jus cogens nature of the international crime of torture justifies States in taking universal jurisdiction over torture wherever committed". Offences constituting jus cogens, such as torture, may be punished by any State because the offenders are "common enemies of all mankind and all nations have an equal interest in their apprehension and prosecution". It is illustrative that at least 85 States provide in their domestic law for universal jurisdiction over torture. The Special Rapporteur welcomes instances of States' exercise of universal jurisdiction to investigate international crimes such as torture, war crimes and crimes against humanity committed extraterritorially by or against non-citizens as a means to combat impunity.
- 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
- 2015
Paragraph
Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 30
- Paragraph text
- The Convention's drafters explain that the clause "any territory under its jurisdiction" in article 5 (1) suggests a factual situation whereby the obligation to establish criminal jurisdiction is not limited to a State's land territory or territorial sea and airspace, but also applies to territories under military or colonial occupation and any other territories over which a State has factual control. If, for example, torture is committed on an oil rig or other installation on the continental shelf of a State party, that State "should be required to have [criminal] jurisdiction over the offense". Under the same rationale, the obligation to establish criminal jurisdiction over acts of torture committed by State agents extends also to situations of military presence or operations in a foreign country, with the consent of the local State, which are not strictly speaking governed by the rules of military occupation.
- 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
- 2015
Paragraph
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 27
- Paragraph text
- The Special Rapporteur welcomes the proposal put forward by his predecessor in his last report to the General Assembly (A/71/298) in which he advocated for the development of universal guidelines for investigative interviewing practices. These would be grounded in fundamental principles of international human rights law and would identify a set of standards for non-coercive interviewing methods and procedural safeguards that ought, as a matter of law and policy, to be applied at a minimum to all interviews by law enforcement officials, military and intelligence personnel and other bodies with investigative mandates.
- 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
- 2017
Paragraph
Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 12
- Paragraph text
- Extraterritorial State acts (or omissions) - whether lawful or unlawful - often have a significant impact on the fundamental rights of individuals outside their borders, thereby implicating States' responsibilities under international human rights law. State actions that produce significant extraterritorial effects merit analysis through the prism of international human rights law. Such actions can include cross-border military operations or use of force (A/68/382 and Corr.1); the occupation of foreign territories; anti-migration and anti-piracy operations; peacekeeping, policing or covert operations in foreign territories; the practice of detaining persons abroad; extraditions, rendition to justice and extraordinary rendition; and the exercise of de facto control or influence over non-State actors operating in foreign territories. All these scenarios can involve the commission or risk of torture or other ill-treatment as defined by the Convention, international humanitarian law, international criminal law or customary international law. Of particular concern are States' attempts to undermine the absolute legal prohibition of torture and other ill-treatment by evading or limiting responsibility for extraterritorial acts or effects by their agents that contravene their fundamental legal obligations; to narrowly interpret treaty jurisdictional provisions; and to dilute well-established obligations to ensure and fulfil positive human rights obligations whenever they exercise control or authority over an area, place, individual(s) or transaction.
- 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
- Person(s) affected
- N.A.
- Year
- 2015
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
The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 62
- Paragraph text
- There is currently a lack of comprehensive or effective independent oversight of the activities of the security and intelligence services. The structure of oversight mechanisms to guarantee that information tainted by torture or other ill-treatment will not be used is of crucial importance, particularly in relation to cooperation between agencies. Any action by the intelligence services should be governed by law, which in turn should be in conformity with international law and standards.
- 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
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 20
- Paragraph text
- Reliance on inaccurate information obtained through mistreatment has adverse operational consequences, wasting resources better applied to enhance investigative capacity or pursue other leads. Intentional misinformation also sends investigators on distracting wild goose chases.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 6
- Paragraph text
- In order for the use of force by State agents to be lawful, full adherence to all of the above principles is required.
- 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
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
The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 19
- Paragraph text
- The present report will elaborate on the scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive 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
- Person(s) affected
- All
- N.A.
- Year
- 2014
Paragraph
Commissions of inquiry 2012, para. 32
- Paragraph text
- The independent structure and mandate of commissions of inquiry may also make them well suited for identifying institutional responsibility and proposing reforms. Due to the numerous sources of evidence and facts submitted to commissions of inquiry, they are often able to pinpoint the failure of particular policies and detect systemic shortcomings or practices of certain Government agencies. Lastly, commissions of inquiry can aid in identifying measures to promote reconciliation within divided societies by directly confronting past 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
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 5
- Paragraph text
- Apart from prohibiting the arbitrary deprivation of life and providing a few principles on the lawful use of lethal force, human rights treaties do not expressly regulate the extra-custodial use of force. Instead, the contemporary legal principles governing the use of force by law enforcement officials (“use of force principles”) have been derived primarily from State practice and the application and interpretation of these very general treaty provisions in case law. The principles have been restated in two soft law instruments, namely, the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials and the Code of Conduct for Law Enforcement Officials, and today can be regarded as general principles of law. In particular, the use of force by State agents is governed by the following cumulative principles: - Legality: any use of force must have a legal basis and pursue a lawful purpose. - Necessity: force must only be used when, and to the extent, strictly necessary for the achievement of a lawful purpose. - Proportionality: the harm likely to be inflicted by the use of force must not be excessive compared to the benefit of the lawful purpose pursued. - Precaution: law enforcement operations must be planned, prepared and conducted so as to minimize, to the greatest extent possible, the resort to force and, whenever it becomes unavoidable, to minimize the resulting 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
- Person(s) affected
- All
- N.A.
- Year
- 2017
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