A/HRC/52/30
the theme “Open source information: strengthening accountability at the intersection of law,
technology and humanitarian space”.
11.
On 15 December, the Special Rapporteur participated in the annual forum of the
Convention against Torture Initiative.
12.
From January to December 2022, the Special Rapporteur transmitted 72
communications, both jointly with other mandate holders and individually on behalf of
individuals exposed to torture and other ill-treatment. No country visits were conducted in
2022. An invitation to visit Ukraine was postponed from late 2022 to February 2023 owing
to the prevailing security situation. The requests of the Special Rapporteur to visit Chile and
South Africa have been accepted.
II.
Duty to investigate crimes of torture in national law and
practice
A.
Introduction
13.
The “duty to investigate” every act of torture and other cruel, inhuman or degrading
treatment or punishment starts with foundational legislation establishing that all acts of
torture are offences under national law, and continues through stages of complaint and
investigation, and concludes with either the prosecution, final judgment and sentencing of
alleged offenders or the dismissal of the case based on sound judicial reasoning; or extradition
of the accused to be tried in another jurisdiction. Effective investigations and prosecutions
acknowledge suffering and bring justice and peace to victims and communities. The duty is
closely connected to the right of victims and survivors to a remedy and reparation.2 Prompt,
impartial and transparent investigations also have a deterrent and preventive character,
helping to improve officer behaviour and build or restore confidence in public
administration.3
14.
Yet despite the advanced international legal framework, very few incidents of torture
or other ill-treatment are officially reported and too many investigations and prosecutions
collapse or are withdrawn before their satisfactory conclusion. Investigating crimes of torture
is not comparable with investigations into ordinary common crimes. In particular, torture is
first and foremost a crime committed or enabled by public officials or, at times, promoted
either quietly or outwardly by government policy or direction, or through consent or
acquiescence. In making a complaint, an accuser is raising an allegation against the same
authorities as those charged with protecting the rights of all individuals under their
jurisdiction. This power asymmetry places the victim in a situation of particular precarity.
Victims may still be in the custody or under the control of the very authorities against whom
they are making allegations. Authorities handling such complaints may lack impartiality or
be under pressure to cover up allegations or to destroy evidence. The risk of retaliatory
violence, including being disappeared, are real in many contexts. The stakes can be very high.
15.
There has been an impressive growth in the type and range of international venues
working for justice and remedies for victims and survivors of the crime of torture and holding
perpetrators responsible for their crimes. That said, such courts and tribunals have inherent
limitations, including jurisdictional limitations, such as prosecuting only those with higher
levels of responsibility. It is the view of the Special Rapporteur that justice, accountability,
healing and reconciliation will only become a meaningful reality when national actors operate
as the primary investigators and prosecutors of acts of torture and other comparable illtreatment.
2
3
GE.23-03126
The present report does not tackle questions of reparations and rehabilitation in full; see Committee
against Torture, general comment No. 3 (2012), para. 19; Human Rights Committee, general
comment No. 20 (1992), para. 14; and Human Rights Council resolution 22/21.
Carver, R. and Handley, L., Does Torture Prevention Work? (Liverpool University Press, 2016), pp.
81–84.
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