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Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 71
- Paragraph text
- Compelling circumstances denying access to counsel must be strictly defined in national law and correspond to situations in which there is an urgent need to avert serious adverse consequences for the life, liberty or physical integrity of persons, or where immediate action by investigators is imperative to prevent the destruction or alteration of essential evidence or to prevent interference with witnesses. Even then, the questioning of suspects without a lawyer must be accompanied by appropriate safeguards, limited to what is strictly necessary to achieve its singular purpose (i.e., obtaining information to address the exigent circumstances) and cannot unduly prejudice the rights of the defence (European directive 2013/48/EU). Defence rights are in principle irreparably prejudiced when incriminating statements made during questioning in the absence of counsel are used for a conviction (see European Court of Human Rights, Salduz v. Turkey).
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2016
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 35
- Paragraph text
- Lesbian, gay, bisexual and transgender detainees report higher rates of sexual, physical and psychological violence in detention than on the basis of sexual orientation and/or gender identity than the general prison population (CAT/C/CRI/CO/2). Violence against these persons in custodial settings, whether by police, other law enforcement authorities, prison staff or other prisoners, is prevalent (A/HRC/29/23). Fear of reprisals and a lack of trust in the complaints mechanisms frequently prevent lesbian, gay, bisexual and transgender persons in custody from reporting abuses. Their placement in solitary confinement or administrative segregation for their own "protection" can constitute an infringement on the prohibition of torture and ill-treatment. Authorities have a responsibility to take reasonable measures to prevent and combat violence against lesbian, gay, bisexual and transgender detainees by other detainees.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Equality & Inclusion
- Gender
- Violence
- Personas afectadas
- LGBTQI+
- Año
- 2016
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 44
- Paragraph text
- In other cases, women and girls face significant difficulties in accessing legal abortion services due to administrative and bureaucratic hurdles, refusal on the part of health-care workers to adhere to medical protocols that guarantee legal rights, negative attitudes, official incompetence or disinterest (A/HRC/22/53). The denial of safe abortions and subjecting women and girls to humiliating and judgmental attitudes in such contexts of extreme vulnerability and where timely health care is essential amount to torture or ill-treatment. States have an affirmative obligation to reform restrictive abortion legislation that perpetuates torture and ill-treatment by denying women safe access and care. Limited and conditional access to abortion-related care, especially where this care is withheld for the impermissible purpose of punishing or eliciting a confession, remains of concern (A/HRC/22/53). The practice of extracting, for prosecution purposes, confessions from women seeking emergency medical care as a result of illegal abortion in particular amounts to torture or ill-treatment.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- Girls
- Women
- Año
- 2016
Párrafo
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 77
- Paragraph text
- Concern is expressed about the drawing of negative inferences from a person's failure to answer questions, and it is recommended that no inferences be drawn "at least where the accused has not had prior consultations with counsel" (see CCPR/C/IRL/CO/3). The Rome Statute and the Guidelines on the Conditions of Arrest, Police Custody and Pre-Trial Detention in Africa (Luanda Guidelines) expressly prohibit adverse inferences being drawn at trial from a suspect's exercise of the right to remain silent, finding that anything to the contrary may improperly imply that a suspect's silence amounts to an admission of guilt and compromise the presumption of innocence.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2016
Párrafo
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 85
- Paragraph text
- Suspect interviews must be at least audio, and preferably video, recorded (see A/HRC/4/33/Add.3 and A/68/295). Video recorders should capture the entire interview room, including all persons present. Video recording discourages torture while providing an authentic and complete record that can be reviewed during the investigation and used for training purposes. It cannot, however, be used as an alternative to the presence of counsel (see CAT/C/AUT/CO/3 and A/HRC/25/60/Add.1). The Special Rapporteur acknowledges the financial implications associated with the use of video-recording equipment. The protocol may explore alternative solutions, such as limiting the mandatory use of audiovisual recording to interviews of suspects, vulnerable victims or witnesses.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Civil & Political Rights
- Humanitarian
- Año
- 2016
Párrafo
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 81
- Paragraph text
- A complementary safeguard is the presence of a support person during questioning, in addition to counsel. A child must never be subjected to questioning or requested to make any statement or to sign any document without the presence of a lawyer and, in principle, his or her caregiver or another appropriate adult (whose presence is encouraged to help to prevent coercion, reassure the child and limit potential traumatization), at all stages of the investigation and proceedings (see the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems; and Committee on the Rights of the Child, general comment No. 10 (2007) on children's rights in juvenile justice). Persons who appear to suffer from psychosocial or intellectual disabilities should be assisted by an independent support person, whether a relative, legal guardian, mental health professional or social worker with relevant experience and training, during questioning.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personas afectadas
- Children
- Persons with disabilities
- Año
- 2016
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 15
- Paragraph text
- A clear link exists between the criminalization of lesbian, gay, bisexual and transgender persons and homophobic and transphobic hate crimes, police abuse, community and family violence and stigmatization (A/HRC/19/41). At least 76 States have laws that criminalize consensual relationships between same-sex adults, in breach of the rights to non-discrimination and privacy; in some cases, the death penalty may be imposed. Such laws foster a climate in which violence against lesbian, gay, bisexual and transgender persons by both State and non-State actors is condoned and met with impunity. Transgender persons are criminalized in many States through laws that penalize cross-dressing, "imitating the opposite sex" and sex work. Lesbian, gay, bisexual and transgender persons are frequently detained on the basis of laws containing vague and undefined concepts such as "crimes against the order of nature", "morality", "debauchery", "indecent acts" or "grave scandal" (A/HRC/29/23).
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Equality & Inclusion
- Gender
- Personas afectadas
- LGBTQI+
- Año
- 2016
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 47
- Paragraph text
- In many States women seeking maternal health care face a high risk of ill-treatment, particularly immediately before and after childbirth. Abuses range from extended delays in the provision of medical care, such as stitching after delivery to the absence of anaesthesia. Such mistreatment is often motivated by stereotypes regarding women's childbearing roles and inflicts physical and psychological suffering that can amount to ill-treatment. The detention of post-partum women in health-care facilities for failure to pay medical bills amounts to ill-treatment by separating new mothers from their children and exposing them to significant health risks.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Health
- Personas afectadas
- Children
- Women
- Año
- 2016
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 43
- Paragraph text
- Unsafe abortion is the third leading cause of maternal death globally. Where access to abortion is restricted by law, maternal mortality increases as women are forced to undergo clandestine abortions in unsafe and unhygienic conditions. Short- and long-term physical and psychological consequences also arise due to unsafe abortions and when women are forced to carry pregnancies to term against their will (A/66/254). Such restrictive policies disproportionately impact marginalized and disadvantaged women and girls. Highly restrictive abortion laws that prohibit abortions even in cases of incest, rape or fetal impairment or to safeguard the life or health of the woman violate women's right to be free from torture and ill-treatment (A/HRC/22/53, CEDAW/C/OP.8/PHL/1). Nevertheless, some States continue to restrict women's right to safe and legal abortion services with absolute bans on abortions. Restrictive access to voluntary abortion results in the unnecessary deaths of women (CAT/C/PER/CO/4).
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- Girls
- Women
- Año
- 2016
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 49
- Paragraph text
- Transgender persons often face difficulties in accessing appropriate health care, including discrimination on the part of health-care workers and a lack of knowledge about or sensitivity to their needs. In most States they are refused legal recognition of their preferred gender, which leads to grave consequences for the enjoyment of their human rights, including obstacles to accessing education, employment, health care and other essential services. In States that permit the modification of gender markers on identity documents abusive requirements can be imposed, such as forced or otherwise involuntary gender reassignment surgery, sterilization or other coercive medical procedures (A/HRC/29/23). Even in places with no legislative requirement, enforced sterilization of individuals seeking gender reassignment is common. These practices are rooted in discrimination on the basis of sexual orientation and gender identity, violate the rights to physical integrity and self-determination of individuals and amount to ill-treatment or torture.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Equality & Inclusion
- Gender
- Health
- Personas afectadas
- LGBTQI+
- Año
- 2016
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 65
- Paragraph text
- Victims of gender-based violence face significant hurdles in accessing justice and reparations, including absence of or shortcomings in domestic legal frameworks to hold perpetrators accountable, and practical obstacles such as the significant expense involved in accessing courts. Stigma can be a factor associated with gender-based crimes, and victims may fear rejection by families and communities and encounter personnel who are not properly trained to respond to their needs. All victims must be granted access to effective judicial and administrative remedies. This entails the dismantling of discriminatory barriers and the provision of support to victims at all stages of the legal process.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Equality & Inclusion
- Gender
- Violence
- Personas afectadas
- Families
- Año
- 2016
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 70k
- Paragraph text
- [With regard to women, girls, and lesbian, gay, bisexual and transgender persons in detention, the Special Rapporteur calls on all States to:] Account for women's gender-specific health-care needs and provide individualized primary and specialist care, including comprehensive and detailed screenings and prerelease preparations, in a holistic and humane manner, in line with the Bangkok Rules; provide preventive and gender-sensitive care designed to safeguard women's privacy and dignity, including as regards mental health, sexual and reproductive health, HIV prevention and treatment and substance abuse treatment and rehabilitation programmes; and ensure that female detainees are examined and treated by female health-care professionals if they so request, except in emergency situations, when female staff should be present;
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Equality & Inclusion
- Gender
- Health
- Personas afectadas
- Girls
- LGBTQI+
- Women
- Año
- 2016
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 67
- Paragraph text
- Adequate redress requires States to investigate, prosecute and punish perpetrators and inform the public of results. States must ensure that judicial procedures and rules of evidence are gender responsive; that equal weight is afforded to the testimony of women, girls, and lesbian, gay, bisexual, transgender and intersex persons; and that the introduction of discriminatory evidence and the harassment of victims and witnesses are strictly prohibited. The standards established by international courts should serve as an example for domestic courts to follow, for instance by implementing institutional gender-balance requirements and prohibiting the admission of evidence regarding the victims' prior sexual conduct in cases of sexual, domestic and other gender-based violence.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Equality & Inclusion
- Gender
- Violence
- Personas afectadas
- Girls
- LGBTQI+
- Women
- Año
- 2016
Párrafo
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 63
- Paragraph text
- The practice of detaining persons incommunicado and questioning them in unofficial or secret facilities is of grave concern because it exposes individuals to heightened risks of torture. Secret detention amounts to torture or ill-treatment in itself and should be abolished and criminalized under national law. States must ensure that questioning is conducted only at official and accessible facilities, regardless of the form of detention. In the criminal justice system, any evidence obtained from detainees in unofficial places of detention and not confirmed by them during subsequent interviews at official locations ought to be inadmissible in court (see A/56/156).
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- Persons on the move
- Año
- 2016
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 7
- Paragraph text
- Gender-based violence, endemic even in peacetime and often amplified during conflict, can be committed against any persons because of their sex and socially constructed gender roles. While women, girls, lesbian, gay, bisexual and transgender persons, sexual minorities and gender-non-conforming individuals are the predominant targets, men and boys can also be victims of gender-based violence, including sexual violence stemming from socially determined roles and expectations. As noted by the Committee against Torture in its general comment No. 2 (2007) on the implementation of article 2 of the Convention, gender-based crimes can take the form of sexual violence, other forms of physical violence or mental torment.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Gender
- Humanitarian
- Violence
- Personas afectadas
- Boys
- Girls
- LGBTQI+
- Men
- Women
- Año
- 2016
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 28
- Paragraph text
- The Special Rapporteur on Prisons and Conditions of Detention in Africa of the African Commission on Human and Peoples' Rights noted in a 2001 report on prisons in Malawi that prisons were not safe place for pregnant women, babies and young children and that it was not advisable to separate babies and young children from their mothers. Even very short periods in detention settings can undermine a child's psychological and physical well-being, compromise cognitive development and result in higher rates of suicide, self-harm, mental disorders and developmental problems (A/HRC/28/68). Children living in prison with their mothers may be at heightened risk of suffering violence, abuse and conditions of confinement that amount to torture or ill-treatment. In this context, the imprisonment of pregnant women and women with young children must be reduced to a minimum.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Governance & Rule of Law
- Health
- Personas afectadas
- Children
- Infants
- Women
- Año
- 2016
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 42
- Paragraph text
- Women are vulnerable to torture and ill-treatment when seeking medical treatment on the basis of actual or perceived non-conformity with socially determined gender roles (general comment No. 2). Discrimination against women, girls, and persons on the basis of sex, gender, real or perceived sexual orientation or gender identity and sex characteristics often underpins their torture and ill-treatment in health-care settings. This is particularly true when seeking treatments such as abortion that may contravene socialized gender roles and expectations. International human rights law increasingly recognizes that abuse and mistreatment of women seeking reproductive health services cause tremendous and lasting physical and emotional suffering, which is inflicted on the basis of gender (A/HRC/22/53). Health-care providers tend to exercise considerable authority over clients, placing women in a position of powerlessness, while the lack of legal and policy frameworks that effectively enable women to assert their right to access reproductive health services enhances their vulnerability to torture and ill-treatment.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Equality & Inclusion
- Gender
- Health
- Personas afectadas
- Girls
- Women
- Año
- 2016
Párrafo
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 74
- Paragraph text
- The protocol should further provide practical guidance on the role, rights and responsibilities of lawyers in relation to questioning, including, for example, advice on - and a rundown of potential consequences of - exercising the right to remain silent. It must affirm that counsel must be physically present and able to intervene during interviews to protect the interviewee's rights and ensure fair treatment. Lawyers should be allowed to ask questions, request clarifications, challenge improper or unfair questioning and advise clients without intimidation, hindrance, harassment or improper interference. Lawyers cannot, however, prevent interviewees from answering questions that they wish to answer, reply on their behalf or otherwise unduly interfere with questioning.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Civil & Political Rights
- Personas afectadas
- All
- Año
- 2016
Párrafo
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 100
- Paragraph text
- National laws must provide for the exclusion of all evidence obtained in violation of safeguards designed to prevent mistreatment (see A/HRC/25/60), such as confessions or incriminating statements obtained in violation of one's rights to be informed of his or her rights and legal status before questioning, or duly warned that his or her words may be recorded and used in evidence against him or her. Evidence should also be excluded when access to counsel is unduly delayed or denied, or involuntarily waived; whenever specific safeguards applicable to the questioning of vulnerable persons are infringed; and when persons are denied adequate breaks and periods of rest during interviews save compelling circumstances. The protocol should account for situations where evidence or information is obtained in violation of preventive safeguards and the accused takes a plea without trial.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Civil & Political Rights
- Personas afectadas
- All
- Año
- 2016
Párrafo
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 86
- Paragraph text
- Recording should not be limited to confessions or other incriminating statements. Whatever the format, several elements must be recorded during an interview, including: its place, date, time and duration; the intervals between sessions; the identity of the interviewers and any other persons present and any changes in individuals present during questioning (see Human Rights Council resolution 31/31); confirmation that the interviewee was informed of his or her rights and availed himself or herself of the opportunity to exercise them and confirmation of any voluntary waiver; the substance and content of questions asked and answers, in addition to any other information, provided by the interviewer or interviewers or the suspect (see the Luanda Guidelines, guideline 9 (e)); and the time and reasons for any interruption and time of resumption of the interview (rules of procedure and evidence of the International Criminal Court, rule 112 (1)).
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Año
- 2016
Párrafo
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.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Governance & Rule of Law
- Violence
- Personas afectadas
- All
- Año
- 2016
Párrafo
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 76
- Paragraph text
- Persons arrested or detained on criminal charges must be informed of their right to remain silent during questioning by law enforcement in accordance with article 14 (3) (g) of the International Covenant on Civil and Political Rights. This right is inherent to the presumption of innocence and key to torture prevention efforts, given that interviewers respecting this right are unlikely to resort to abusive questioning methods. Suspects must be duly warned, at the beginning of every interview, that their words may be used in evidence against them. Persons' willing agreement to provide statements during questioning following this warning cannot be regarded as a fully informed choice when they were not expressly notified of the right to remain silent or when the decision was taken without the assistance of counsel (see European Court of Human Rights, Stojkovic v. France and Belgium).
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Año
- 2016
Párrafo
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 75
- Paragraph text
- The protocol should contain guidance on the right to free legal assistance. Many States regrettably still lack the resources and capacity necessary to provide legal aid (see the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems). In the absence of a sufficient number of certified lawyers and a full-fledged legal aid system covering all stages of deprivation of liberty, authorities should, as an interim measure, grant detainees the right to have a trusted third party present during questioning during initial custody (see CAT/OP/BEN/1). The United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, while asserting that lawyers are the first providers of legal aid, confirm that other stakeholders, including non-governmental organizations, community-based organizations, professional bodies and associations and academic institutions, may step in to fulfil this function.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Año
- 2016
Párrafo
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 82
- Paragraph text
- Witnesses, victims, suspects and persons deprived of liberty who do not adequately speak or understand the language of questioning should be entitled to receive the free assistance of an independent, qualified and effective interpreter during interviews and, when necessary, during consultations with counsel (see International Covenant on Civil and Political Rights, art. 14 (3) (f)). Persons with sensory impairments likewise have the right to interpreters. When no interpreter is available, a person who knows the interviewee and is able to adequately communicate with him or her may be invited to act as one; alternatively, the interviewee should be asked and/or be allowed to answer questions in writing in his or her preferred language.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Personas afectadas
- All
- Año
- 2016
Párrafo
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 91
- Paragraph text
- Victim of torture or ill-treatment must have access to impartial and effective complaint mechanisms and be protected from retaliation and reprisals. All complaints of mistreatment must be transmitted without screening to external independent bodies for prompt, impartial, thorough and effective investigation. Even in the absence of complaints, States have a duty to conduct investigations wherever there are reasonable grounds to believe that an act of torture or ill treatment occurred in any territory under their jurisdiction (see Committee against Torture, general comment No. 3 (2012) on the implementation of article 14 by States parties; and A/68/295).
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2016
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 70n
- Paragraph text
- [With regard to women, girls, and lesbian, gay, bisexual and transgender persons in detention, the Special Rapporteur calls on all States to:] Consider the imprisonment of pregnant women and women with young children only when other alternatives are unavoidable or unsuitable; ensure that sentencing policies and practices respect the best interests of the child, including the need to maintain direct contact with mothers; assist female offenders with tools to carry out child-rearing responsibilities and make special provisions for mothers prior to admission to allow for alternative childcare arrangements; and allow children to maintain personal relations and direct contact with mothers in detention;
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Equality & Inclusion
- Personas afectadas
- Children
- Girls
- LGBTQI+
- Women
- Youth
- Año
- 2016
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 57
- Paragraph text
- Lesbian, gay, bisexual, transgender and intersex persons are disproportionately subjected to practices that amount to torture and ill-treatment for not conforming to socially constructed gender expectations (A/HRC/22/53). Violence motivated by homophobia and transphobia tends to be characterized by particularly brutal acts, often resulting in murder (A/HRC/19/41). Private actors typically inflict torture and ill-treatment on such persons in a climate of impunity as many States fail in their due diligence obligations to combat, prevent and remedy abuses. Lesbians and transgender women are at particular risk of mistreatment because of gender inequality and power relations within families and communities (ibid.). Sexual violence, including the practice of "corrective rape", uniquely affects lesbian, gay, bisexual, transgender and intersex individuals (CEDAW/C/ZAF/CO/4). Discrimination and violence against lesbian, gay, bisexual, transgender and intersex persons extends into the family sphere and can include placement in psychiatric institutions, forced marriage and honour-based violence (A/HRC/29/23).
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Equality & Inclusion
- Gender
- Violence
- Personas afectadas
- LGBTQI+
- Women
- Año
- 2016
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 66
- Paragraph text
- Reparations must be premised on a full understanding of the gendered nature and consequences of the harm suffered and take existing gender inequalities into account to ensure that they are not themselves discriminatory (see A/HRC/14/22, para. 32). They must address the context of structural discrimination in which violations occurred and aim to provide both restitution and rectification. Reparations must have a transformative impact, addressing the underlying causes and consequences of violations, and offer continued protection for and respectful engagement with victims (A/HRC/14/22). As stipulated in the Nairobi Declaration on Women's and Girls' Right to a Remedy and Reparation, victims must be empowered to help determine what forms of reparation are best suited to their situation.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Equality & Inclusion
- Gender
- Personas afectadas
- Girls
- Women
- Año
- 2016
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 60
- Paragraph text
- Women and girls tend to be at risk of honour violence or killing for engaging in sexual relations outside of marriage, choosing partners without their family's approval or behaving in other ways that are considered immoral; Lesbian, gay, bisexual, transgender and intersex persons are also targeted (A/HRC/29/23). Honour killings have been documented in South-East Asia, Europe, North America and the Middle East and affect 5,000-12,000 women each year. States' failure to prevent honour-based violence contravenes their obligations to combat and prevent torture and ill-treatment. This includes failure to grant asylum to persons facing the risk of honour violence in their countries of origin.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Harmful Practices
- Violence
- Personas afectadas
- Girls
- LGBTQI+
- Women
- Año
- 2016
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 12
- Paragraph text
- In Opuz v. Turkey, the European Court of Human Rights found that discriminatory judicial passivity and unresponsiveness to domestic violence gave rise to impunity and a climate that was conducive to such gender-based violence, leading to a violation of the prohibition of torture and ill-treatment. Furthermore, when a State knows or should have known that a woman is in danger, it must take positive steps to ensure her safety, even when she hesitates in pursuing legal action (A/47/38). Women's rights to life and physical and mental integrity cannot be superseded by other rights, such as those to property and privacy. States have a heightened obligation to protect vulnerable and marginalized individuals from torture.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Violence
- Personas afectadas
- Women
- Año
- 2016
Párrafo