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Impunity as a root cause of the prevalence of torture 2010, para. 36
- Paragraph text
- States bear the main responsibility for implementing international human rights standards, including the prohibition of torture. However, torture occurs because national legal frameworks are deficient and do not properly codify torture as a crime with appropriate sanctions. Torture persists because national criminal systems lack the essential procedural safeguards to prevent its occurrence, to effectively investigate allegations and to bring perpetrators to justice. Moreover, torture remains entrenched because of a climate of tolerance of excessive use of force by law enforcement officials in many countries.
- 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
- Year
- 2010
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 57
- Paragraph text
- As torture often leaves indelible traces on the body - or in the minds - of the victims, reparation can almost never be complete. However, article 14 of the Convention against Torture requires each State party to ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full a rehabilitation as possible. This is a specific manifestation of the general right of victims of human rights violations to a remedy and adequate reparation, as laid down in various international and regional human rights treaties and should also apply to victims of other forms of cruel, inhuman or degrading treatment or punishment. Consequently, reparation has to encompass several aspects. What victims perceive as fair and adequate reparation for the ordeals they had to endure may differ from case to case. In the Special Rapporteur's experience, victims of torture are not primarily interested in monetary compensation, but in having their dignity restored. Public acknowledgment of the harm and humiliation caused and the establishment of the truth together with a public apology may often provide greater satisfaction than monetary compensation. For many torture survivors, justice is only perceived as such when criminal prosecution has lead to an appropriate punishment of the perpetrators. Most victims of torture are in urgent need of long-term medical and psychological rehabilitation in specialized treatment centres where they feel secure. The amount of monetary compensation must therefore include any economically assessable damage, such as the costs of long-term rehabilitation measures and compensation for lost opportunities, including employment, education and social benefits. In addition to reparation tailored to the needs of the individual victim, States are also obliged to adopt more general guarantees of non-repetition, such as taking resolute steps to fight impunity through, for example, the revision of amnesty laws, the establishment of independent investigation units or promotion of the observance of codes of conducts for law enforcement officials.
- 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
- Year
- 2010
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 60
- Paragraph text
- Article 7 of the International Covenant on Civil and Political Rights and relevant provisions of regional human rights treaties prohibit not only torture, but also cruel, inhuman or degrading treatment or punishment, which is separately proscribed in article 16 of the Convention against Torture. As is the case of the prohibition of torture, the prohibition of cruel, inhuman or degrading treatment or punishment is non-derogable. While the Convention against Torture expressly defines torture, there is no such definition of cruel, inhuman or degrading treatment or punishment in international treaties. Consequently, cruel, inhuman or degrading treatment or punishment is commonly distinguished from torture with reference to article 1 of the Convention against Torture. However, as the Special Rapporteur has argued before, the distinguishing factor is not the intensity of the suffering inflicted, but rather the purpose of the conduct, the intention of the perpetrator and the powerlessness of the victim. Torture constitutes such a horrible assault on the dignity of a human being because the torturer deliberately inflicts severe pain or suffering on a powerless victim for a specific purpose, such as extracting a confession or information from the victim. Cruel, inhuman or degrading treatment or punishment, on the other hand, means the infliction of pain or suffering without purpose or intention and outside a situation where a person is under the de facto control of another. It follows that one may distinguish between justifiable and non-justifiable treatment causing severe suffering. Examples where causing severe suffering may be justifiable are the lawful use of force by the police in the exercise of law enforcement policies (e.g. arrest of a criminal suspect, dissolution of a violent demonstration) and of the military in an armed conflict. In such situations, the principle of proportionality has to be strictly observed. If the use of force is not necessary and, in the particular circumstances of the case, disproportional to the purpose achieved, it amounts to cruel or inhuman treatment. In a situation where one person is under the de facto control of another and thus powerless, the test of proportionality is no longer applicable. Other situations which may amount to cruel, inhuman or degrading treatment or punishment are particularly severe conditions of detention, domestic violence, female genital mutilation and trafficking in human beings. This means that, in principle, all forms of cruel or inhuman treatment or punishment, including torture, require the infliction of severe pain or suffering. This is different for the qualification of degrading treatment or punishment only in the sense of article 16 of the Convention against Torture, which arises from humiliation of the victim even if the pain or suffering is not severe.
- 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
- Year
- 2010
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 47
- Paragraph text
- The criminal codes in many countries contain provisions outlawing certain acts which may fall within the scope of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, such as the infliction of bodily injuries or the use of duress. Nevertheless, while some of those acts may be part of an act of torture, the criminal codes fall short of providing comprehensive protection to the physical and psychological integrity of the victims. Some of the most sophisticated torture methods do not cause any physical injuries, but cause extreme pain and suffering.
- 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
- All
- Year
- 2010
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 69
- Paragraph text
- Most victims of torture are not political prisoners or suspected of having committed political crimes, but ordinary persons suspected of having committed criminal offences. They usually belong to disadvantaged, discriminated and vulnerable groups, in particular those suffering from poverty.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Person(s) affected
- All
- Year
- 2010
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 70
- Paragraph text
- The most frequent purpose of torture is to extract a confession. Since confessions in many contexts are still regarded as the crown of evidence, considerable pressure is exerted by politicians, the media, prosecutors and judges on law enforcement bodies to "solve criminal cases" by means of extracting confessions that are later used in courts to convict the suspects.
- 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
- Year
- 2010
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 37
- Paragraph text
- Article 4 of the Convention against Torture sets out the obligation of States parties to ensure that all acts of torture are an offence under their criminal legislation and that appropriate penalties are foreseen. Article 4, paragraph 1, must be read in conjunction with article 1, paragraph 1, of the Convention, since it would be very difficult for a State party to criminalize an offence, establish the corresponding jurisdiction and institute prosecution, without formulating a proper definition of torture.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2010
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 55
- Paragraph text
- One of the major challenges when it comes to proving cases of torture and ill-treatment is the gathering of evidence. Since abuses are mainly inflicted behind closed doors, victims most often have an uphill struggle to make their cases heard and get their complaints properly considered. This is particularly the case for persons who are accused of having committed a crime and carry the stigma of not being credible and trying to avoid justice by complaining about their treatment. Forensic medical science is a crucial tool in addressing this problem, since it can establish the degree of correlation of the medical findings with the allegations brought forward and therefore provide evidence on which prosecutions can be based. Modern medical examinations can help to detect injuries which are otherwise not visible, such as soft tissue or nerve trauma - essential in light of the ever increasing sophistication of torture methods.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Humanitarian
- Person(s) affected
- All
- Year
- 2010
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 51
- Paragraph text
- The rationale behind the notification and proper recording of arrest and custody is that open knowledge about the arrest and the place of detention provides some protection against abuse. By way of notification, it is established that the person is under the authority of the State, which assumes the duty of care. Unrecorded places of detention are not permissible. Proper record-keeping is a crucial contribution to establishing accountability in case of allegations of abuse.
- 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
- Year
- 2010
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 68
- Paragraph text
- Torture is a global phenomenon. Only a very small number of countries have managed to eradicate torture in practice. In the vast majority of States, torture not only occurs in isolated cases, but is practised in a more regular, widespread or even systematic manner.
- 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
- Year
- 2010
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 61
- Paragraph text
- Following the obligations of States to prevent torture and to hold perpetrators accountable, article 14 of the Convention against Torture stipulates that each State party shall ensure in its legal system that victims of torture obtain redress and have an enforceable right to fair and adequate compensation including the means for as full rehabilitation as possible. That obligation includes the establishment and support of torture rehabilitation centres. That duty was further emphasized by the Commission on Human Rights in its resolution 2004/41, in which it stressed that "national legal systems should ensure that victims of torture or other cruel, inhuman or degrading treatment or punishment obtain redress and are awarded fair and adequate compensation and receive appropriate socio-medical rehabilitation". In that regard the Commission encouraged "the development of rehabilitation centres for victims of torture".
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2010
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 63
- Paragraph text
- In order to fully appreciate the importance of the work of torture rehabilitation centres, one has to recall the devastating impact of torture on human beings. For most victims, the experience of their ordeal will remain present for the rest of their lives, if not physically then at least mentally. Often, the psychological impact of torture amounts to what has been described as a "disintegration of the personality". The harm inflicted may be so profound that it shatters the very identity of a person, the ability to feel any joy or hope, to engage with his or her environment, or to find any meaning in life. Depression, anxiety disorders including flash-backs, loss of self-respect, cognitive impairment and suicidal tendencies are only some of the consequences of torture. The impact of the abuse is rarely limited to the person directly targeted but also victimizes their families and even their communities. The victims' inability to resume their work further adds to their social seclusion and financial strain. In general, experiences of torture cannot be entirely "left behind", let alone forgotten.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- All
- Year
- 2010
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 66
- Paragraph text
- Rehabilitation centres also assume a decisive role in holding perpetrators accountable. With their forensic expertise they ensure that torture traumas, whether visible or invisible, are scrupulously documented before they disappear. Even if, at the time of the examination, it may seem unlikely that proceedings will be held, adequate records can eventually constitute crucial evidence in later criminal or civil cases. In this regard, the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol) provides an important standard for the documentation of abuse, which goes beyond the therapeutic purpose in a narrow sense. Medical records can be instrumental in overcoming the otherwise lack of objective evidence with which survivors of torture are so commonly confronted, given that torture mostly takes place without witnesses. They provide evidence which can corroborate the victim's account of the ordeal. Establishing the facts of torture before a court and holding perpetrators accountable can give torture survivors a sense of justice and facilitate both a coming to terms with their past suffering and a comprehensive process of healing. Additionally, monetary compensation as a result of civil proceedings may provide the necessary funds for additional medical treatment. Acknowledging the importance of the Istanbul Protocol, the International Rehabilitation Council for Torture Victims and the Turkish Medical Association, together with the Government of Turkey, concluded last year the training of 4,000 medical doctors, 1,000 prosecutors and 500 judges.
- 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
- All
- Year
- 2010
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 44
- Paragraph text
- Only acts which cause severe pain or suffering qualify as torture. Severity does not have to be equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily functions or even death. Another element which distinguishes torture from cruel, inhuman or degrading treatment or punishment is the powerlessness of the victim. Torture is predominantly inflicted on persons deprived of their liberty in any context and therefore rendered particularly vulnerable to abuse.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Violence
- Person(s) affected
- All
- Year
- 2010
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 38
- Paragraph text
- The alignment of national legislations with the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is crucial for its effective implementation. Therefore, the definition of torture contained in article 1, paragraph 1, of the Convention, with all its elements (infliction of severe pain or suffering; intention and specific purpose; and involvement of a public official), must be taken into account by States when making torture an offence under domestic criminal 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
- Person(s) affected
- All
- Year
- 2010
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 40
- Paragraph text
- The Convention does not explicitly provide for a specific penalty and type or extent of sentence for the offence of torture, leaving it to the discretion of the State party to decide, taking into account the grave nature of the crime. The Committee against Torture has stated on several occasions that consideration of the appropriate penalty must take into account not only the gravity of the offence but the severity of penalties established for similar crimes in each State.
- 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
- Year
- 2010
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 41
- Paragraph text
- During his fact-finding missions, the Special Rapporteur has been able to identify various factors that contribute to impunity and therefore to the persistence of torture. They include the lack of proper criminalization of torture; the absence of impartial investigations into allegations; and the lack of prosecution of perpetrators.
- 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
- All
- Year
- 2010
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 53
- Paragraph text
- Throughout his fact-finding missions, the Special Rapporteur found that another factor contributing to impunity is the lack of investigation and prosecution following acts of torture and ill-treatment. Although prompt and impartial investigations should be carried out without delay whenever there is a suspicion of torture or an explicit allegation, this is too often not the case.
- 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
- All
- Year
- 2010
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 53
- Paragraph text
- The inadmissibility of evidence obtained under torture is one of the most crucial safeguards in the criminal justice system. Its purpose is twofold: firstly, given that the vast majority of torture is inflicted in the course of criminal investigations with the purpose to extract a confession, the safeguard intends to remove a prime incentive for torture; secondly, evidence obtained under torture is highly unreliable. Declaring such evidence inadmissible will help to ensure that no innocent person is convicted. Whereas, legally, most States visited seem to comply with this provision by and large, confessions and other evidence obtained under torture are more frequently admitted in legal proceedings. In most of the countries visited, the Special Rapporteur received a very high number of related allegations, which were convincingly corroborated by representatives of civil society, lawyers, local human rights experts and others. Apart from the procedural weaknesses mentioned in this section, one of the main reasons for this phenomenon appears to be the almost insurmountable credibility deficit with which suspects are confronted. In sharp contrast to the presumption of innocence, they are a priori believed to be guilty and raising torture allegations only in order to evade justice.
- 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
- Year
- 2010
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 71
- Paragraph text
- The major structural reason for the widespread practice of torture in many countries is the malfunctioning of the administration of justice and, consequently the lack of respect for safeguards. States are not investing sufficient resources in the administration of justice. Judges, prosecutors, police and prison officials are often undereducated, overworked, underpaid and, therefore, corrupt.
- 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
- Year
- 2010
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 72
- Paragraph text
- Another often-used reason for the widespread use of torture, particularly during the last decade, is the extraction of intelligence information in the context of the global fight against terrorism and the deliberate undermining of the absolute prohibition of 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
- All
- Year
- 2010
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 90
- Paragraph text
- Impunity is one of the root causes of the widespread practice of torture. This was recognized by the international community in the 1980s when adopting the Convention against Torture as the first human rights treaty with detailed obligations to criminalize torture, to establish broad jurisdictional competences, to investigate all allegations or suspicions of torture, and to arrest suspected perpetrators of torture and bring them to justice. In most of the 147 States parties to the Convention against Torture, those legal obligations, deriving from articles 4 to 9, 12 and 13 of the Convention, have not been implemented. States should, first of all, ensure through legislative measures that torture, as defined in article 1 of the Convention, is made a crime with appropriate penalties, which must be applicable on the basis of the principles of territoriality, nationality and universal jurisdiction. Secondly, States shall establish professional authorities to promptly and impartially investigate all allegations and suspicions of torture, with the aim of identifying the perpetrators, including superior officers who ordered or condoned torture, and bringing them to justice.
- 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
- 2010
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 45
- Paragraph text
- The magnitude of impunity has been one of - if not the most - disappointing findings of his tenure as Special Rapporteur. Impunity is almost total in most countries he has visited, despite undeniable, sometimes routine, widespread or even systematic practices of torture and in contravention of the clear obligation under the Convention against Torture to hold perpetrators of torture accountable under criminal law. As soon as there is a suspicion of torture or an explicit allegation, a thorough investigation should be initiated immediately or without any delay. It therefore has to be ensured that all public officials, in particular prison doctors, prison officials and magistrates who have reasons to suspect an act of torture or ill-treatment do report ex officio to the relevant authorities for proper investigation in accordance with article 12 of the Convention against Torture. Moreover, whereas the decision on whether to conduct an investigation should not be discretionary, but rather an obligation irrespective of the filing of a complaint, this is too often not the case. In addition, the lack of criminalization of torture and the mostly inadequate sanctions are the main factors contributing to 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
- Violence
- Person(s) affected
- All
- Year
- 2010
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 44
- Paragraph text
- In certain cases, the definition of torture in national criminal law is too narrow and/or leaves out important elements established in article 1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. In the case of Mongolia, the definition fails to include any of the essential elements of torture, including that the act (or omission) causes severe pain or suffering, whether physical or mental, that it is intentionally inflicted for a specific purpose and by or at the instigation of or with the consent or acquiescence of a public official acting in an official capacity. Article 251 of the Mongolian Code of Criminal Procedure was amended in 2008 but the provision does not apply to all public officials or persons acting in an official capacity.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2010
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 89
- Paragraph text
- In order to combat increasing levels of crime, terrorism and other forms of organized crime effectively, Governments in too many countries seem willing to restrict certain human rights by granting their law enforcement, intelligence and security forces very extensive powers. This leads to an environment conducive to undermining the absolute prohibition of torture. The brutalization of many societies has reached a level where torture is simply regarded by Governments and the population at large as the "lesser evil". This trend is alarming. There is a need for a new global awareness-raising campaign to change this climate of tolerance towards excessive use of force by law enforcement officials. Governments need to be reminded that torture is not an effective means of combating crime. On the contrary, it contributes to the further brutalization of societies and the spiral of violence which many societies suffer from. Torture is nothing other than an act of barbarism.
- 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
- All
- Year
- 2010
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 43
- Paragraph text
- The term "torture" should not be used in an inflammatory manner. It is reserved for one of the worst possible human rights violations and abuses human beings can inflict upon each other, and therefore carries a special stigma. It therefore holds a special position in international law: it is absolutely prohibited and this prohibition is non-derogable. Where torture has been inflicted, it is a very serious crime against a human being, who most likely will suffer from its consequences for the rest of his or her life, either physically or mentally. According to the definition contained in the Convention against Torture, four elements are needed in order for an act to be qualified as torture: firstly, an act inflicting severe pain or suffering, whether physical or mental; secondly, the element of intent; thirdly, the specific purpose; and lastly, the involvement of a State official, at least by acquiescence.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Violence
- Person(s) affected
- All
- Year
- 2010
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 47
- Paragraph text
- It is disappointing to see that the few perpetrators who are held accountable are punished with sentences far below what is required by international law. While the Committee against Torture, in its State reporting procedure, has interpreted the obligation for an adequate punishment as a long-term prison sentence with a penalty of up to 20 years, the Special Rapporteur's fact-finding missions have shown that perpetrators, if held accountable at all, were predominantly punished with disciplinary sanctions and light or suspended prison sentences. The forms of discipline do not normally go beyond demotion, delayed promotion or pay freeze. These sanctions are an affront to the victims, lack any meaningful acknowledgment of their suffering, are devoid of any deterrent effect and, therefore, put further persons at risk.
- 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
- Year
- 2010
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 50
- Paragraph text
- All too often, the safeguards required by international human rights law are either not foreseen or not effective.
- 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
- 2010
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 70
- Paragraph text
- Rehabilitation centres deserve appreciation and full support for their courage and for the determination with which they continue against the odds to accept patients and care for them in an uncompromising manner. While some medical institutions, such as State hospitals, may succumb to pressure exerted by the police or the military and turn a blind eye when it comes to documenting torture, the rehabilitation centres rigorously and consistently uphold professional and ethical medical standards. Ultimately, to attack a torture rehabilitation centre is to attack the victims of torture who have already suffered abuse and are in need of 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
- Humanitarian
- Violence
- Person(s) affected
- All
- Year
- 2010
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 46
- Paragraph text
- Very frequently, national criminal codes contain provisions outlawing several offences which are similar to torture, such as the infliction of bodily injuries, battery, duress, or wilful violence, etc. While all these offences may be part of a form of torture, none covers all elements contained in the definition of article 1 and all therefore fall short of providing comprehensive protection of physical and psychological integrity. This highlights the prevalence of fundamental misconceptions about the elements and the nature of torture and a lack of sensitivity to the overall issue. Often the definition of torture relates to the infliction of injuries. However, the definition does not require any bodily injuries, let alone any lasting impairment. Injuries can be an aggravating factor, but torture should never be reduced to its consequences. With good reason, the drafters of the Convention against Torture included "whether physical or mental" into the definition of torture. Psychological ill-treatment is by no means less severe than physical abuse. Definitions of torture that leave out its psychological dimension encourage the use of mental ill-treatment and provide a loophole resulting in impunity. Furthermore, the insistence on injuries is particularly worrying, since more and more torture methods are designed not to leave any traces.
- 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
- Year
- 2010
Paragraph