Astuces de recherche
Certain forms of abuses in health-care settings that may cross a threshold of mistreatment that is tantamount to torture or cruel, inhuman or degrading treatment or punishment 2013, para. 5
- Paragraph text
- By reframing violence and abuses in health-care settings as prohibited ill-treatment, victims and advocates are afforded stronger legal protection and redress for violations of human rights. In this respect, the recent general comment No. 3 (2012) of the Committee against Torture on the right to a remedy and reparation offers valuable guidance regarding proactive measures required to prevent forced interventions. Notably, the Committee considers that the duty to provide remedy and reparation extends to all acts of ill-treatment, so that it is immaterial for this purpose whether abuses in health-care settings meet the criteria for torture per se. This framework opens new possibilities for holistic social processes that foster appreciation of the lived experiences of persons, including measures of satisfaction and guarantees of non-repetition, and the repeal of inconsistent legal provisions.
- 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
- Violence
- Person(s) affected
- All
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 71
- Paragraph text
- With regard to trafficking, the Special Rapporteur calls upon States to ensure that appropriate frameworks are in place for the identification, investigation and prosecution of trafficking-related human rights violations; duly investigate, prosecute and punish public officials for their role in trafficking operations; establish a combination of comprehensive gender- and age-sensitive measures to protect, support and rehabilitate victims; and avoid detention of victims for status-related offences and for "protective" purposes.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 72e
- Paragraph text
- [With regard to abuses in health-care settings, the Special Rapporteur calls upon States to:] Outlaw forced or coerced sterilization in all circumstances and provide special protection to individuals belonging to marginalized groups; and ensure that health-care providers obtain free, full and informed consent for such procedures and fully explain the risks, benefits and alternatives in a comprehensible format, without resorting to threats or inducements, in every case;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Violence
- Person(s) affected
- All
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 101
- Paragraph text
- The Special Rapporteur calls upon States to spearhead the development of a universal protocol aiming to ensure that no person is subjected to torture, ill treatment or coercion, including any forms of violence, duress or threat. A protocol, to be developed in collaboration with relevant international and regional human rights mechanisms, civil society and experts, must be grounded in fundamental principles of international human rights law and foremost in the absolute prohibition of torture and ill-treatment. The first step in this process ought to be the convening of a broad public consultation designed to set the parameters for the collaborative development of the protocol by the relevant stakeholders.
- 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
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
Certain forms of abuses in health-care settings that may cross a threshold of mistreatment that is tantamount to torture or cruel, inhuman or degrading treatment or punishment 2013, para. 8a
- Paragraph text
- [The Special Rapporteur calls upon all States to:] Close compulsory drug detention and "rehabilitation" centres without delay and implement voluntary, evidence-based and rights-based health and social services in the community. Undertake investigations to ensure that abuses, including torture or cruel, inhuman and degrading treatment, are not taking place in privately-run centres for the treatment of drug dependence;
- 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
- Violence
- Person(s) affected
- All
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 53
- Paragraph text
- Therefore, the first priority of the Special Rapporteur will be to unequivocally reaffirm the absolute and universal prohibition of all, and any, forms of torture and other cruel, inhuman or degrading treatment or punishment, to further clarify the contours and meaning of these terms in the light of the evolving challenges marking the contemporary international environment, and to call on States and non-State actors alike to renounce, and to prevent impunity for, any such practice.
- 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
- 2017
- Paragraph type
- Conclusion / Recommendation
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 type
- Conclusion / Recommendation
Paragraph
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 66c
- Paragraph text
- [States should ensure that all law enforcement officials are trained, equipped and instructed so as to prevent any extra-custodial use of force amounting to torture and other cruel, inhuman or degrading treatment or punishment. In particular, States should:] Equip law enforcement officials with communication devices and protective equipment such as shields, helmets, bulletproof vests and bulletproof means of transportation, with a view to prioritizing the de-escalation of any potential violence and decreasing the need to use weapons of any kind;
- 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
- Violence
- Person(s) affected
- All
- Year
- 2017
- Paragraph type
- Conclusion / Recommendation
Paragraph
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 70
- Paragraph text
- Recommendation regarding cases of sexual assaults: Ensure that in cases of alleged sexual assault showing no or limited physical evidence, because of passage of time or other reasons, a comprehensive physical and mental health evaluation should still be performed with special attention to behavioural and psychological evidence (see FCO sexual violence protocol).
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Violence
- Person(s) affected
- All
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 53
- Paragraph text
- There is State responsibility for complicity in torture when one State gives assistance to another State in the commission of torture or other ill-treatment, or acquiesces in such acts, in the knowledge (including imputed knowledge) of the real risk that torture or ill-treatment will take place or has taken place, and aids and assists the torturing State in maintaining impunity for the acts of torture or ill-treatment. A State would thus be responsible when it was aware of the risk that information was obtained by torture or other ill-treatment, or ought to have been aware of that risk and did not take reasonable steps to prevent it. Moreover, the Special Rapporteur finds that the assistance provided by States does not have to have a substantial effect on the perpetration of the crime of torture itself for it to be regarded as responsible.
- 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
- 2014
- Paragraph type
- Other
Paragraph
Solitary confinement 2011, para. 43
- Paragraph text
- State officials also use solitary confinement as a tool to manage certain prison populations. Individuals determined to be dangerous, such as gang members, or at high risk of escape may be placed in solitary confinement. Similarly, individuals determined to be at risk of injury, such as sex offenders, informants, and former correctional or law enforcement officers, are often allowed, or encouraged, to choose voluntary solitary confinement in order to protect themselves from fellow inmates. Prisoners may also be placed in some form of solitary confinement in the interests of prison management before, during or after transportation to and from cells and detention facilities. While the duration of solitary confinement when used as a management tool may vary considerably, it is notable that the motivation for its imposition is pragmatic rather than punitive.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- All
- Year
- 2011
- Paragraph type
- Other
Paragraph
Certain forms of abuses in health-care settings that may cross a threshold of mistreatment that is tantamount to torture or cruel, inhuman or degrading treatment or punishment 2013, para. 41
- Paragraph text
- Numerous reports document that users of illicit drugs who are detained in such centres undergo painful withdrawal from drug dependence without medical assistance, administration of unknown or experimental medications, State-sanctioned beatings, caning or whipping, forced labour, sexual abuse and intentional humiliation. Other reported abuses included "flogging therapy", "bread and water therapy", and electroshock resulting in seizures, all in the guise of rehabilitation. In such settings, medical professionals trained to manage drug dependence disorders as medical illnesses are often unavailable.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Health
- Violence
- Person(s) affected
- All
- Year
- 2013
- Paragraph type
- Other
Paragraph
Certain forms of abuses in health-care settings that may cross a threshold of mistreatment that is tantamount to torture or cruel, inhuman or degrading treatment or punishment 2013, para. 72
- Paragraph text
- People who use drugs are a highly stigmatized and criminalized population whose experience of health-care is often one of humiliation, punishment and cruelty. Drug users living with HIV are often denied emergency medical treatment. In some cases the laws specifically single out the status of a drug user as a stand-alone basis for depriving someone of custody or other parental rights. Use of drug registries - where people who use drugs are identified and listed by police and health-care workers, and their civil rights curtailed - are violations of patient confidentiality that lead to further ill-treatment by health providers.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Violence
- Person(s) affected
- All
- Year
- 2013
- Paragraph type
- Other
Paragraph
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 42
- Paragraph text
- The Special Rapporteur therefore aims to clarify how terms such as "torture", "cruel", "inhuman" and "degrading" should be interpreted within the context of extra-custodial use of force, particularly in view of potential justifications such as law enforcement, crowd control, or self-defence or defence of others. He will also examine how this subject area interrelates with the protection of other fundamental rights such as, most notably, the right of peaceful assembly, freedom of expression and the right to life. Further, the Special Rapporteur plans to examine the extent to which the use of certain types of weapons, riot control devices or other means and methods of law enforcement would have to be considered intrinsically cruel, inhuman or degrading in the light of their immediate to long-term consequences.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Violence
- Person(s) affected
- All
- Year
- 2017
- Paragraph type
- Other
Paragraph
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 55
- Paragraph text
- Another issue arising with regard to certain “less lethal” weapons is their indiscriminate effects, which make it difficult to restrict the use of force and the resulting harm as required by the principles of necessity and proportionality, particularly in the presence of innocent bystanders (for example, in crowd control or hostage-taking). While the indiscriminate nature of a weapon alone does not necessarily make it cruel, inhuman or degrading, it may do so in conjunction with the gravity of its effects (for example, certain kinetic impact projectiles) or with the circumstances in which it is being used (for example, tear gas in closed confinements).
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- All
- Year
- 2017
- Paragraph type
- Other
Paragraph
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 40
- Paragraph text
- In Cestaro v. Italy and Bartesaghi Gallo and Others v. Italy, the European Court of Human Rights found that the violent punching, kicking and beating with rubber truncheons of antiglobalization protestors amounted to torture. The Court noted that although none of the victims showed violence or resistance, and although all of them were manifestly unarmed, asleep or sitting with their hands raised above their heads, the police systematically and indiscriminately subjected each of them to violent beatings, intentionally inflicting severe physical and psychological suffering for purposes of retaliation and humiliation through the use of excessive, indiscriminate and manifestly disproportionate force.
- 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
- 2017
- Paragraph type
- Other
Paragraph
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 96
- Paragraph text
- Statements, documentary or other evidence elicited through torture and ill treatment are inadmissible in any proceedings, except against suspected perpetrators. The exclusionary rule is a non-derogable norm of customary international law. It is fundamental to uphold the prohibition of torture and ill treatment by providing a disincentive to them. The rule applies to mistreatment of both suspects and third parties, including witnesses, and against evidence obtained in a third State, and regardless of whether the evidence is corroborated or is uniquely decisive for the case. The exclusionary rule applies in full to the collecting, sharing and receiving of any information tainted by mistreatment (see A/HRC/25/60).
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Violence
- Person(s) affected
- All
- Year
- 2016
- Paragraph type
- Other
Paragraph
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 16
- Paragraph text
- The absolute and non-derogable nature of the torture prohibition in international law reflects the exceptional gravity of the crime, which constitutes an immoral affront to human dignity that can never be justified. Torture dehumanizes and denies the inherent dignity of victims by treating their bodies and minds as means to achieving particular ends. It constitutes one of the most extreme forms of suffering that a person can inflict on another and often results in lifelong consequences for victims.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2016
- Paragraph type
- Other
Paragraph
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 21
- Paragraph text
- Torture, ill-treatment and coercion have devastating long-term consequences for individuals, institutions and society as a whole, causing serious and long-lasting harm to victims and often injuring the humanity and mental health of perpetrators. Such practices corrupt the cultures of institutions that perpetrate, participate in, assist in or overlook them. They debase societies that endorse or accept their use, erode public trust in law enforcement and damage its relationships with communities, with negative consequences for future investigations.
- 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
- Violence
- Person(s) affected
- All
- Year
- 2016
- Paragraph type
- Other
Paragraph
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 64
- Paragraph text
- A significant number of States lack an independent mechanism to monitor human rights violations not only in detention facilities but also in medical and social care institutions. Moreover, even when legislation exists to provide for the monitoring of such institutions, inadequate human and financial resources and weak legal enforcement mechanisms are no excuse for failure to prevent abuse.
- 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
- Violence
- Person(s) affected
- All
- Persons on the move
- Year
- 2015
- Paragraph type
- Other
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 53
- Paragraph text
- States' due diligence obligations to ensure redress remain intact when non-State actors perpetrate conflict-related sexual violence. Gender-sensitive practices must be employed when investigating violations during and after the armed conflict. Silence or lack of resistance cannot be used to imply consent, which furthermore cannot be inferred from the words or conduct of a victim who was subjected to force, threats, or a coercive environment (A/HRC/7/3). Comprehensive assistance and reparations programmes in these contexts often require years to be fully implemented.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Humanitarian
- Violence
- Person(s) affected
- All
- Year
- 2016
- Paragraph type
- Other
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 type
- Other
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 type
- Other
Paragraph
Commissions of inquiry 2012, para. 21
- Paragraph text
- Today, commissions of inquiry have taken on a central role in the effort to address patterns and practices of torture and other cruel, inhuman or degrading treatment or punishment around the world.
- 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
- 2012
- Paragraph type
- Other
Paragraph
Commissions of inquiry 2012, para. 25
- Paragraph text
- The principal objective generally pursued by commissions of inquiry is to discover, clarify and formally acknowledge the causes and consequences of past violations in order to establish accountability. In this capacity, commissions of inquiry are fact-finding mechanisms that aim to establish an accurate record of the past by clarifying and deepening the public understanding of certain events or a particular period of time. This objective is met by means of numerous interviews and/or providing a venue for the public testimony of a broad array of actors, including victims, witnesses and Government officials. The resulting bolstered historical record allows for a more detailed account of patterns of violence, identifies where safeguards are lacking against torture and other forms of ill-treatment, opens space for public dialogue that may not have previously existed and corrects public misperceptions about certain events or a particular time period. Effective commissions of inquiry may aid in the establishment of accountability by paving the way for an effective strategy to prosecute 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
- 2012
- Paragraph type
- Other
Paragraph
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 47
- Paragraph text
- The legal equation changes fundamentally when it comes to intentional and purposeful infliction of pain or suffering on a powerless person. Intentionality and purposefulness involve the deliberate instrumentalization of the pain or suffering inflicted on a powerless person as a vehicle for achieving a particular purpose (for example, coercion, intimidation, punishment, discrimination or sadistic gratification), as opposed to the infliction of pain and suffering as an inevitable side effect of an act pursuing a different purpose (for example, a medical intervention, effecting an arrest or repelling an attack). Powerlessness means that the victim is under the direct physical or equivalent control of the perpetrator and has lost the capacity to resist or escape the infliction of pain or suffering. In such circumstances, there can be no justification for the intentional and purposeful infliction of pain or suffering, regardless of whether, under the relevant treaty definition, it qualifies as torture or “other” cruel, inhuman or degrading treatment or punishment. In the view of the Special Rapporteur, the deliberate instrumentalization of pain or suffering, in conjunction with the powerlessness of the victim, are the very essence of torture and of the fundamental attack on human dignity it represents. Thus, notwithstanding any additional elements that may be required for a formal qualification as “torture” under the applicable treaty definition, any extra-custodial use of force that involves the intentional and purposeful infliction of pain or suffering on a powerless person as a vehicle for achieving a particular purpose will always amount to an aggravated form of cruel, inhuman or degrading treatment or punishment, irrespective of considerations of lawful purpose, necessity or proportionality and irrespective of its qualification as torture under the applicable treaty definition.
- 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
- 2017
- Paragraph type
- Other
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 type
- Other
Paragraph
Commissions of inquiry 2012, para. 73
- Paragraph text
- In its recommendations, a commission of inquiry should identify clearly the ways in which the report is intended to be utilized by other mechanisms, including, but not limited to, investigation and prosecution of torture and other forms of ill-treatment, the provision of remedy and reparations to victims, and the prevention of torture and other forms of ill-treatment.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2012
- Paragraph type
- Other
Paragraph
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 90
- Paragraph text
- Accountability is critical to preventing the recurrence of human rights violations. The protocol must reiterate States' obligations to combat impunity and ensure accountability and the provision of remedies for torture and ill-treatment committed during questioning.
- 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
- 2016
- Paragraph type
- Other
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 type
- Other
Paragraph