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Priorities of the new mandate holder 2014, para. 31
- Paragraph text
- The Special Rapporteur looks forward to fulfilling the requirements of her mandate, as outlined in Human Rights Council resolution 24/3, and to constructive and fruitful cooperation with diverse stakeholders in all regions towards that end. She particularly emphasizes her desire for constructive engagement with United Nations Member States and encourages Member States to respond positively to her requests for information or for country visits, while emphasizing that the mandate remains available to provide assistance to States and to respond to their requests, including in the area of technical cooperation, to the fullest extent possible. The Special Rapporteur reiterates the importance that she places on the role and views of non-governmental organizations, including in providing information to her and engaging with and assisting her fully as she conducts her work on slavery and slavery-like practices.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 24a
- Paragraph text
- [As set out in article 19, paragraph 3, of the Covenant, there are certain exceptional types of expression which may be legitimately restricted under international human rights law, essentially to safeguard the rights of others. This issue has been examined in the previous annual report of the Special Rapporteur. However, the Special Rapporteur deems it appropriate to reiterate that any limitation to the right to freedom of expression must pass the following three-part, cumulative test:] It must be provided by law, which is clear and accessible to everyone (principles of predictability and transparency); and
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2011
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 77
- Paragraph text
- The Special Rapporteur commends the work undertaken by organizations and individuals to reveal the worldwide status of online impediments to the right to freedom of expression. He encourages intermediaries in particular to disclose details regarding content removal requests and accessibility of websites. Additionally, he recommends corporations to establish clear and unambiguous terms of service in line with international human rights norms and principles and to continuously review the impact of their services and technologies on the right to freedom of expression of their users, as well as on the potential pitfalls involved when they are misused. The Special Rapporteur believes that such transparency will help promote greater accountability and respect for human rights.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
The right to access information 2013, para. 66a
- Paragraph text
- [The Special Rapporteur wishes to highlight the importance of the references made to the disclosure of information on violations of human rights and humanitarian law, stipulated in section A of principle 10 of the Tshwane Principles, namely:] There is an overriding public interest in disclosure of information regarding gross violations of human rights or serious violations of international humanitarian law, including crimes under international law, and systematic or widespread violations of the rights to personal liberty and security. Such information may not be withheld on national security grounds in any circumstances;
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- N.A.
- Year
- 2013
Paragraph
The right to access information 2013, para. 67
- Paragraph text
- In the context of access to information on violations of human rights, the references made in the Tshwane Principles to public interest disclosures (part VI) and limits on measures to sanction or restrain the disclosure of information to the public (part VII) are of particular relevance. Among various recommendations, it is proposed that national law should protect from retaliation public personnel who make disclosures of information showing wrongdoing (such as human rights violations), regardless of whether the information is classified or otherwise confidential. It is further suggested that public bodies establish internal procedures and designate specific persons to receive protected disclosures.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
The right to access information 2013, para. 68
- Paragraph text
- Information on human rights violations involving the activities of national security and intelligence bodies that operate under strict secrecy procedures are often only disclosed by those working within these entities (see A/HRC/10/3). In this regard, the Special Rapporteur has recalled the importance of ensuring the protection of whistle-blowers, that is, persons with a connection to the State who, having a legal obligation to ensure confidentiality, disclose to the public information that they reasonably consider to reveal human rights violations. The Special Rapporteur has indicated that a whistle-blower should not be subjected to legal, administrative or disciplinary sanctions as long as he or she has acted in good faith, pursuant to international standards on the subject. In fact, every person who is involved in or witnesses a human rights violation should assume the moral responsibility to denounce it.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Freedom of expression, States and the private sector in the digital age 2016, para. 75
- Paragraph text
- Private actors face substantial pressures from Governments and individuals to restrict expression deemed to constitute extremism or hatred, hostility or harassment. Private actors may also themselves aim to foster what they perceive to be civil discourse on their platforms, regulate access through real-name requirements and other registration policies, or feature or prioritize certain content for business reasons. Future work will evaluate the potential of State abuse of private initiatives, the impact of private measures on freedom of expression, and the relevant human rights obligations and responsibilities. This reporting will not only focus on the roles of social media and search engines, but also lesser known actors such as e-commerce and financial intermediaries.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Contemporary challenges to freedom of expression 2016, para. 57b
- Paragraph text
- [Among steps that I would encourage are the following:] Engage with special procedures of the Human Rights Council. As has been shown in the present report, while the response rate to communications is quite low, several States engage with the mandate holder in good faith. Engagement with communications and invitations to conduct country missions add significant value to the work of the mandate holder, since they allow us to seek an understanding of why States pursue certain policies (and, where those policies are adverse to freedom of expression, a possibility of encouraging officials to adopt other measures);
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Contemporary challenges to freedom of expression 2016, para. 57d
- Paragraph text
- [Among steps that I would encourage are the following:] Support independent media and civic space. In the face of State repression of reporting, it is critical that States make an extra effort to support independent voices in the media and civil society at large. At a minimum, I encourage States to avoid imposing restrictions on reporting and research that may be seen to criticize the Government and its policies or to share information about sensitive subjects, including terrorism. States should especially avoid imposing obstacles, such as accreditation procedures or penalties through defamation lawsuits or intermediary liability, that undermine independent media. At the same time, those with the means - such as private donors and foundations - should make a special effort to support independent media and to foster strong scrutiny of media conglomerations that squeeze out the less well-financed outlets;
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 40
- Paragraph text
- As mentioned earlier, any restrictions imposed must be necessary and proportionate to the aim pursued. Reference to the proportionality test is found in legislation governing peaceful assemblies in a number of countries, including New Zealand and Switzerland. In addition, such restrictions must be facilitated within "sight and sound" of its object and target audience, and "organizers of peaceful assemblies should not be coerced to follow the authorities' suggestions if these would undermine the essence of their right to freedom of peaceful assembly". In this connection, he warns against the practice whereby authorities allow a demonstration to take place, but only in the outskirts of the city or in a specific square, where its impact will be muted.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 28
- Paragraph text
- The Special Rapporteur believes that the exercise of fundamental freedoms should not be subject to previous authorization by the authorities (as explicitly expressed in the Spanish Constitution), but at the most to a prior notification procedure, whose rationale is to allow State authorities to facilitate the exercise of the right to freedom of peaceful assembly and to take measures to protect public safety and order and the rights and freedoms of others. Such a notification should be subject to a proportionality assessment, not unduly bureaucratic and be required a maximum of, for example, 48 hours prior to the day the assembly is planned to take place. A notification procedure is in force in several countries, including Armenia, Austria, Canada, Cote d'Ivoire, Finland, Indonesia, Morocco, the Occupied Palestinian Territory, Portugal, Senegal, Serbia, and the United Republic of Tanzania. Prior notification should ideally be required only for large meetings or meetings which may disrupt road traffic. In the Republic of Moldova, any assembly of fewer than 50 participants may take place without prior notification and the change from an authorization to a notification procedure fostered an increase in the number of individuals exercising their right to freedom of peaceful assembly. In this context, the Special Rapporteur regrets that the law on demonstrations recently adopted by referendum in the canton of Geneva, Switzerland, provides for a fine of up to 100,000 Swiss francs for anyone who, inter alia, does not request an authorization to demonstrate or does not respect the content of the authorization.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 77
- Paragraph text
- Whenever organizers have deliberately not respected a legitimate restriction imposed on the right to freedom of peaceful assembly, sanctions should be proportionate to the offence with a view to not dissuading the holding of future assemblies. In many countries where a regime of authorization is in place, exorbitant fines are often in place in case organizers do not request authorization to demonstrate or do not respect the content of the authorization. Such fines are in many cases disproportionate, and have a chilling effect on the enjoyment of the rights to freedom of peaceful assembly and of expression, as in the legislations of Azerbaijan, Russian Federation and (Canton of Geneva) Switzerland.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 30
- Paragraph text
- The Special Rapporteur cautions multilateral institutions against what he sees as a total absence of will to take stock of situations that are often created or exacerbated by their own projects and meetings. The Special Rapporteur is alarmed at the extremely high number of reported violations to the right of peaceful assembly during summits of multilateral institutions as regularly happens with the North Atlantic Treaty Organization (NATO) and the G20. The organizing States often react with determination to rein in the civil society multitude, using militarized security measures, cordoned-off zones for official meetings, repression of peaceful protesters, and a general reduction of space for democratic discussion with increasing penalties for public misbehaviour - rules that appear much more permanent than temporary and that receive the implicit consent of the multilateral summit organizers.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 43
- Paragraph text
- The Special Rapporteur also believes that a pro-civil society organization culture within multilateral organizations is crucial. Such a culture should be rooted in the attitude that the organization is an agent dedicated to upholding ideals and effecting change, rather than a bureaucracy built to maintain the status quo. There must also be a willingness to call out Member States who fail to respect fundamental rights. Stating that some issues are "too political" - as the World Bank allegedly did when Human Rights Watch warned them that the Government was closing space for civil society in Egypt - is not acceptable. Finally, it should be acknowledged that a strong civil society sector is essential for multilateral institutions' effectiveness, as it is often the best source of information on the ground.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2014
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 74e
- Paragraph text
- [In relation to recommendations pertaining to the exercise of the rights to freedom of peaceful assembly and of association, the Special Rapporteur reiterates all the recommendations contained in his previous thematic reports. They are all the more relevant for individuals belonging to groups most at risk whose rights are more likely to be violated or unduly restricted. In particular, he calls upon States to:] Ensure that administrative and law enforcement officials are adequately trained in relation to the respect of the rights of individuals belonging to groups most at risk to freedom of peaceful assembly and of association, in particular in relation to their specific protection needs;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 23
- Paragraph text
- As a starting point, the Special Rapporteur underscores that the right to freedom of association equally protects associations that are not registered, which means that associations should never be required to register. Allowing unregistered associations is fundamental to a good enabling environment for civil society. An association is simply a group of like-minded people who come together to pursue a common interest. A democratic State has no inherent interest in regulating this type of private activity in and of itself. Since associations cannot be presumed to be unlawful any more than businesses can, States should use ordinary civil or criminal law to address associational activity unlawful under international law, to the same extent they do for unlawful business activity.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 74a
- Paragraph text
- [In relation to recommendations pertaining to the exercise of the rights to freedom of peaceful assembly and of association, the Special Rapporteur reiterates all the recommendations contained in his previous thematic reports. They are all the more relevant for individuals belonging to groups most at risk whose rights are more likely to be violated or unduly restricted. In particular, he calls upon States to:] Ensure that no individual belonging to a group most at risk is criminalized for exercising his/her rights to freedom of peaceful assembly and of association, nor is subject to threats or use of violence, harassment, persecution, intimidation or reprisals;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 74b
- Paragraph text
- [In relation to recommendations pertaining to the exercise of the rights to freedom of peaceful assembly and of association, the Special Rapporteur reiterates all the recommendations contained in his previous thematic reports. They are all the more relevant for individuals belonging to groups most at risk whose rights are more likely to be violated or unduly restricted. In particular, he calls upon States to:] Ensure that any restrictions on the rights of individuals belonging to groups most at risk to freedom of peaceful assembly and of association are prescribed by law, necessary in a democratic society and proportional to the aim pursued, and do not harm the principles of pluralism, tolerance and broadmindedness. Any restrictions should be subject to an independent, impartial and prompt judicial review;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 14
- Paragraph text
- States are obligated to protect and facilitate the rights to freedom of peaceful assembly and of association in the context of natural resource exploitation, including by ensuring that business interests do not violate these rights. To discharge their duties in that respect, States should, among other things, enact robust national laws that stipulate the rights and responsibilities of all, create independent and effective enforcement, oversight and adjudicatory mechanisms, ensure effective remedies for violations of rights and promote awareness of, and access to information about, relevant policies and practices related to natural resource exploitation.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2015
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 72c (iv)
- Paragraph text
- [The Special Rapporteur recommends that States:] Take appropriate measures to meet extraterritorial obligations, particularly by providing access to remedy for victims of violations of the rights to freedom of peaceful assembly and of association; measures should include but are not limited to: Consider the elaboration of an international legally binding instrument on human rights standards for businesses, as proposed by the Human Rights Council in its resolution 26/9, and ensure that these standards apply to businesses working domestically as well as internationally;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Reflection on work undertaken in first 14 years of the mandate; outline of opportunities and priorities 2014, para. 78
- Paragraph text
- To this end, the Special Rapporteur expects to devote a thematic report to the issue of access to justice in relation to the right to housing. In so doing, the Special Rapporteur hopes to: (a) assess and document barriers to access to justice experienced by claimants; (b) consult with government authorities, judges and a broad range of experts on strategic litigation about challenges in ensuring access to justice; and (c) promote research and statistical analysis with a view to providing reliable evidence and indicators of compliance.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
The UN responsibility for the cholera outbreak in Haiti 2016, para. 36
- Paragraph text
- Third, the contention that receipt of the claims would "necessarily involve a review of political and policy matters" is self-serving and unjustified. The claims are far from being "political" in the sense defined by the Secretary-General in 1995 as those targeting actions or decisions of political organs, nor are they rambling denunciations (see A/C.5/49/65). In terms of policies, it is true that waste management and other such internal policies might need to be reviewed, but if that prospect is enough to trigger non-receivability, it would become effectively impossible ever to claim damages from the United Nations.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Marginality of economic and social rights 2016, para. 40
- Paragraph text
- Many books have now been written extolling the virtues of involvement by the courts in enforcing economic and social rights in various countries around the world, but justiciability is by no means the whole story. Indeed, it might be argued that the focus on justiciability has become the tail that is wagging the analytical dog. Rights holders can seek accountability through many means, including: (a) sharing information with the media; (b) using community or peer pressure; (c) collecting and publishing data; (d) complaining to an authoritative body or person; and (e) evaluating and reporting. However, most of these methods assume that, at the end of the day, there will be a mechanism in place to which the claim can ultimately be brought for vindication in the absence of self-correction by the duty holder.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
The UN responsibility for the cholera outbreak in Haiti 2016, para. 51
- Paragraph text
- Given the extent to which there is agreement on this legal framework, the puzzle is why the current position of the United Nations remains so very distant from the outcome that these principles seem to require. In essence, there are two reasons. The first is the determination to abide by the unpublished legal opinion that declares the claim not to be of a private character. For the reasons explained above, this opinion should be reconsidered and revised. The second reason is the failure to openly acknowledge and clearly address a range of background considerations which have fuelled fears that have apparently deterred the various actors from seeking to resolve the problem in a principled manner. The report turns now to examining those matters.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Freedom of expression, States and the private sector in the digital age 2016, para. 67
- Paragraph text
- Restrictions on freedom of expression online occur on a daily basis and frequently involve corporate conduct, whether compelled by law or pursuant to corporate policy and practice (for example, as reflected in terms of service). Common examples of such restrictions include unlawful or otherwise questionable content removals, service restrictions and account suspensions, and data security breaches.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Freedom of expression, States and the private sector in the digital age 2016, para. 81
- Paragraph text
- Throughout this future work, the Special Rapporteur will pay particular attention to legal developments (legislative, regulatory, and judicial) at national and regional levels. In this context, he alerts all stakeholders to his interest in gathering such materials for future communications and reporting and encourages interested parties to collect and provide such material throughout the course of this work.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Freedom of expression, States and the private sector in the digital age 2016, para. 84
- Paragraph text
- Even though this project is at its early stages, it is nonetheless critical that States and private actors take steps to ensure respect for the freedom of opinion and expression. These steps should include, at a minimum, the following, with further analysis to follow throughout the Special Rapporteur's mandate.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 75
- Paragraph text
- The Special Rapporteur is concerned that access to new communications technologies, in particular the Internet, or to specific websites, has allegedly been temporarily blocked prior to, during or after peaceful assemblies (e.g., in Algeria, China and Egypt).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- N.A.
- Year
- 2013
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
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