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Septuagésimo aniversario de la Declaración Universal de Derechos Humanos: Confirmación e intensificación de la prohibición de la tortura y otros tratos o penas crueles, inhumanos o degradantes
- Organo
- Relator especial sobre la tortura y otros tratos o penas crueles, inhumanos o degradantes
- Condicón jurídica
- Derecho dispositivo no negociado
- Tipo de documento
- Informe de procedimientos especiales
- Año
- 2018
- Código de documento
- A/73/207
Documento
Tortura y otros tratos o penas crueles, inhumanos o degradantes Informe del Relator Especial
- Organo
- Relator especial sobre la tortura y otros tratos o penas crueles, inhumanos o degradantes
- Condicón jurídica
- Derecho dispositivo no negociado
- Tipo de documento
- Informe de procedimientos especiales
- Año
- 2019
- Código de documento
- A/HRC/40/59
Documento
Tortura y otros tratos o penas crueles, inhumanos o degradantes Informe del Relator Especial
- Organo
- Relator especial sobre la tortura y otros tratos o penas crueles, inhumanos o degradantes
- Condicón jurídica
- Derecho dispositivo no negociado
- Tipo de documento
- Informe de procedimientos especiales
- Año
- 2021
- Código de documento
- A/HRC/46/26
Documento
Informe del Relator Especial sobre la tortura y otros tratos o penas crueles, inhumanos o degradantes
- Organo
- Relator especial sobre la tortura y otros tratos o penas crueles, inhumanos o degradantes
- Condicón jurídica
- Derecho dispositivo no negociado
- Tipo de documento
- Informe de procedimientos especiales
- Año
- 2018
- Código de documento
- A/HRC/37/50
Documento
La tortura y otros tratos o penas crueles, inhumanos o degradantes
- Organo
- Relator especial sobre la tortura y otros tratos o penas crueles, inhumanos o degradantes
- Condicón jurídica
- Derecho dispositivo no negociado
- Tipo de documento
- Informe de procedimientos especiales
- Año
- 2021
- Código de documento
- A/HRC/49/50
Documento
Review of the standard minimum rules for the treatment of prisoners
- Organo
- Relator especial sobre la tortura y otros tratos o penas crueles, inhumanos o degradantes
- Condicón jurídica
- Derecho dispositivo no negociado
- Tipo de documento
- Informe de procedimientos especiales
- Año
- 2013
- Código de documento
- A/68/295
Documento
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment
- Organo
- Relator especial sobre la tortura y otros tratos o penas crueles, inhumanos o degradantes
- Condicón jurídica
- Derecho dispositivo no negociado
- Tipo de documento
- Informe de procedimientos especiales
- Año
- 2017
- Código de documento
- A/72/178
Documento
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy
- Organo
- Relator especial sobre la tortura y otros tratos o penas crueles, inhumanos o degradantes
- Condicón jurídica
- Derecho dispositivo no negociado
- Tipo de documento
- Informe de procedimientos especiales
- Año
- 2017
- Código de documento
- A/HRC/34/54
Documento
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment
- Organo
- Relator especial sobre la tortura y otros tratos o penas crueles, inhumanos o degradantes
- Condicón jurídica
- Derecho dispositivo no negociado
- Tipo de documento
- Informe de procedimientos especiales
- Año
- 2016
- Código de documento
- A/HRC/31/57
Documento
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
- Organo
- Relator especial sobre la tortura y otros tratos o penas crueles, inhumanos o degradantes
- Condicón jurídica
- Derecho dispositivo no negociado
- Tipo de documento
- Informe de procedimientos especiales
- Año
- 2013
- Código de documento
- A/HRC/22/53
Documento
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment
- Organo
- Relator especial sobre la tortura y otros tratos o penas crueles, inhumanos o degradantes
- Condicón jurídica
- Derecho dispositivo no negociado
- Tipo de documento
- Informe de procedimientos especiales
- Año
- 2015
- Código de documento
- A/HRC/28/68
Documento
Solitary confinement
- Organo
- Relator especial sobre la tortura y otros tratos o penas crueles, inhumanos o degradantes
- Condicón jurídica
- Derecho dispositivo no negociado
- Tipo de documento
- Informe de procedimientos especiales
- Año
- 2011
- Código de documento
- A/66/268
Documento
Overview of main observations of five years fact-finding and research
- Organo
- Relator especial sobre la tortura y otros tratos o penas crueles, inhumanos o degradantes
- Condicón jurídica
- Derecho dispositivo no negociado
- Tipo de documento
- Informe de procedimientos especiales
- Año
- 2010
- Código de documento
- A/HRC/13/39
Documento
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment
- Organo
- Relator especial sobre la tortura y otros tratos o penas crueles, inhumanos o degradantes
- Condicón jurídica
- Derecho dispositivo no negociado
- Tipo de documento
- Informe de procedimientos especiales
- Año
- 2014
- Código de documento
- A/69/387
Documento
Commissions of inquiry
- Organo
- Relator especial sobre la tortura y otros tratos o penas crueles, inhumanos o degradantes
- Condicón jurídica
- Derecho dispositivo no negociado
- Tipo de documento
- Informe de procedimientos especiales
- Año
- 2012
- Código de documento
- A/HRC/19/61
Documento
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment
- Organo
- Relator especial sobre la tortura y otros tratos o penas crueles, inhumanos o degradantes
- Condicón jurídica
- Derecho dispositivo no negociado
- Tipo de documento
- Informe de procedimientos especiales
- Año
- 2012
- Código de documento
- A/67/279
Documento
Overview of working methods and vision
- Organo
- Relator especial sobre la tortura y otros tratos o penas crueles, inhumanos o degradantes
- Condicón jurídica
- Derecho dispositivo no negociado
- Tipo de documento
- Informe de procedimientos especiales
- Año
- 2011
- Código de documento
- A/HRC/16/52
Documento
Prohibition of torture and other ill-treatment from an extraterritorial perspective
- Organo
- Relator especial sobre la tortura y otros tratos o penas crueles, inhumanos o degradantes
- Condicón jurídica
- Derecho dispositivo no negociado
- Tipo de documento
- Informe de procedimientos especiales
- Año
- 2015
- Código de documento
- A/70/303
Documento
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices
- Organo
- Relator especial sobre la tortura y otros tratos o penas crueles, inhumanos o degradantes
- Condicón jurídica
- Derecho dispositivo no negociado
- Tipo de documento
- Informe de procedimientos especiales
- Año
- 2016
- Código de documento
- A/71/298
Documento
Impunity as a root cause of the prevalence of torture
- Organo
- Relator especial sobre la tortura y otros tratos o penas crueles, inhumanos o degradantes
- Condicón jurídica
- Derecho dispositivo no negociado
- Tipo de documento
- Informe de procedimientos especiales
- Año
- 2010
- Código de documento
- A/65/273
Documento
The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors
- Organo
- Relator especial sobre la tortura y otros tratos o penas crueles, inhumanos o degradantes
- Condicón jurídica
- Derecho dispositivo no negociado
- Tipo de documento
- Informe de procedimientos especiales
- Año
- 2014
- Código de documento
- A/HRC/25/60
Documento
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
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- Temas
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Violence
- Personas afectadas
- Women
- Año
- 2016
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 25
- Paragraph text
- Most prison health policies and services are not designed to respond to women's specific health needs and fail to account for the prevalence of mental health and substance abuse problems among female prisoners, the high incidence of exposure to different forms of violence, and gender-specific sexual and reproductive health concerns. The provision of appropriate health-care services, including comprehensive, interdisciplinary and rehabilitation-oriented mental health-care programmes, as well as the provision of training and capacity-building to prison staff and health-care personnel to identify specific physical and mental-health needs of female detainees, are key to preventing mistreatment.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- Women
- Año
- 2016
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 26
- Paragraph text
- Of particular concern are a lack of specialist care, including access to gynaecologists and obstetric health-care professionals; discriminatory access to services like harm-reduction programmes; lack of private spaces for medical examinations and confidentiality; poor treatment by prison health staff; failures in diagnosis, medical neglect and denial of medicines, including for chronic and degenerative illnesses; and reportedly higher rates of transmission of diseases such as HIV among female detainees. The absence of gender-specific health care in detention can amount to ill-treatment or, when imposed intentionally and for a prohibited purpose, to torture. States' failure to ensure adequate hygiene and sanitation and to provide appropriate facilities and materials can also amount to ill-treatment or even torture. It is essential to engage in capacity-building and adequate training for detention centre staff and health-care personnel with a view to identifying and addressing women's specific health-care and hygiene needs.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Health
- Water & Sanitation
- Personas afectadas
- Persons on the move
- Women
- Año
- 2016
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 38
- Paragraph text
- Adequate and effective complaint and oversight mechanisms are critical sources of protection for at-risk groups that experience abuses in detention. All too often proper safeguards are absent or lacking in independence and impartiality, while fear of reprisals and the stigma associated with reporting sexual violence and other humiliating practices discourage women, girls, and lesbian, gay, bisexual and transgender persons from reporting. In many cases, the vulnerability and isolation of women and girls is compounded by limited access to legal representation, inability to pay fees or bail as a result of poverty, dependence on male relatives for financial support and fewer family visits.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Violence
- Personas afectadas
- Girls
- LGBTQI+
- Women
- Año
- 2016
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 46
- Paragraph text
- Women and girls seeking reproductive health care in professional settings are often exposed to severe pain and suffering and coerced into or subjected to unwanted, degrading and humiliating procedures and examinations. In some States, such practices include requiring sex workers to undergo weekly gynaecological examinations and blood tests, and forced or coerced pregnancy testing by means of physical examination or urine testing as a precondition for attending schools and public examinations. Virginity testing and the expulsion of pregnant girls from schools, which often result in long-term harmful consequences, constitute forms of discrimination and ill-treatment.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Harmful Practices
- 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. 78
- Paragraph text
- The right to remain silent should equally apply, as a matter of law or policy, to prisoners of war, criminal detention relating to an armed conflict, detention of individuals considered to be civilian internees under international humanitarian law and administrative detention outside of armed conflict. With regard to interviews of witnesses and victims in the criminal justice system, courts alone may compel witness testimony. As a preventive measure against coercion and a matter of good practice, witnesses and victims should not be obliged to answer individual questions by which they could incriminate themselves during interviews.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- All
- Año
- 2016
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 8
- Paragraph text
- The purpose and intent elements of the definition of torture (A/HRC/13/39/Add.5) are always fulfilled if an act is gender-specific or perpetrated against persons on the basis of their sex, gender identity, real or perceived sexual orientation or non-adherence to social norms around gender and sexuality (A/HRC/7/3). The definitional threshold between ill-treatment and torture is often not clear. A gender-sensitive lens guards against a tendency to regard violations against women, girls, and lesbian, gay, bisexual and transgender persons as ill-treatment even where they would more appropriately be identified as torture.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- 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. 89
- Paragraph text
- Examples of other safeguards against mistreatment and coercion during questioning include ensuring that no interview occurs without direct or indirect supervision, among others by way of one-sided mirrors, live-feed or review of recordings. Save exceptional circumstances, strict national regulations must ensure that detained persons may not be subjected to questioning for more than two hours without a break and must be provided adequate breaks for refreshments and be allowed uninterrupted periods of at least eight hours for rest - free from questioning or any activity in connection with the investigation - every 24 hours. Save in compelling circumstances, no interview should happen at night.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- 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. 67
- Paragraph text
- The Special Rapporteur recognizes that the content of some procedural rights may vary, to a limited extent, depending on the legal status of the interviewee and the context of questioning. The provision of precise and accurate information on one's status and rights before questioning is therefore doubly critical. Authorities may not interview persons as "witnesses" or under the guise of "informative talks" in order to evade the legal safeguards attendant to the questioning of suspects. Any person who is under a legal obligation to attend and remain at an establishment for questioning must be afforded the same rights as a suspect. When a person becomes a suspect during questioning, the interview must be suspended and begin again only if the interviewee has been made aware of this change and has been given a full rundown of his or her rights and is able to fully exercise them (European directive 2013/48/EU).
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- 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. 40
- Paragraph text
- Human trafficking affects approximately 21 million adults and children worldwide, including 11.4 million women and girls. Human trafficking is a particularly egregious human rights violation and a form of gender-based violence specifically targeting girls and women for exploitation and placing them at high risk of physical and psychological abuse, trauma and disease. Systemic discrimination against women and girls, including lack of access to education, resources and employment, renders them especially vulnerable to trafficking. Trafficked women and girls are routinely subjected to confinement, severe physical and sexual abuse, humiliation and threats for the purposes of commercial sexual exploitation, domestic servitude, forced and bonded labour and organ removal. These practices unequivocally amount to torture and ill-treatment (A/HRC/13/39).
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Violence
- Personas afectadas
- Children
- 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. 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).
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Violence
- Personas afectadas
- All
- Año
- 2016
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 70q
- Paragraph text
- [With regard to women, girls, and lesbian, gay, bisexual and transgender persons in detention, the Special Rapporteur calls on all States to:] Ensure that migrants, refugees and asylum seekers are individually assessed, including with respect to their need for protection, and that adequate screening and assessment procedures are in place to identify victims of torture and ill-treatment; provide opportunities for safe, voluntary and dignified disclosure of lesbian, gay, bisexual, transgender and intersex status; and ensure that measures taken by migration authorities do not retraumatize victims;
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Movement
- Personas afectadas
- Girls
- LGBTQI+
- Persons on the move
- 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. 103
- Paragraph text
- The protocol ought to elaborate on a fundamental set of standards and procedural safeguards designed to protect the physical and mental integrity of all persons during questioning. In this respect, the Special Rapporteur calls upon States to consider adopting the elements considered herein (without prejudice to other elements suggested by experts and stakeholders), which should apply, as a matter of law and policy, at a minimum, to all interviews by law enforcement officials and other intelligence, military and administrative bodies with an investigative mandate, as well to those conducted by private contractors and other proxy agents of the State. The protocol should also provide for accountability mechanisms and appropriate remedies for victims.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- 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. 10
- Paragraph text
- States' obligations to prevent torture are indivisible, interrelated, and interdependent with the obligation to prevent other forms of ill-treatment. States have an obligation to prevent torture and ill-treatment whenever they exercise custody or control over individuals and where failure to intervene encourages and enhances the danger of privately inflicted harm (general comment No. 2). States fail in their duty to prevent torture and ill-treatment whenever their laws, policies or practices perpetuate harmful gender stereotypes in a manner that enables or authorizes, explicitly or implicitly, prohibited acts to be performed with impunity. States are complicit in violence against women and lesbian, gay, bisexual and transgender persons whenever they create and implement discriminatory laws that trap them in abusive circumstances (A/HRC/7/3).
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- 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. 22
- Paragraph text
- Solitary confinement can amount to torture or ill-treatment when used as a punishment, during pretrial detention, for prolonged periods or indefinitely and on juveniles. Solitary confinement of any duration must never be imposed on juveniles, or persons with mental or physical disabilities, or on pregnant and breastfeeding women, or mothers with young children. (A/66/268). Its use as a measure of retaliation against women who have complained of sexual abuse or other harmful treatment must also be prohibited. Female prisoners subjected to solitary confinement suffer particularly grave consequences as it tends to retraumatize victims of abuse and women suffering from mental health problems. It places women at greater risk of physical and sexual abuse by prison staff and severely limits family visits.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Violence
- Personas afectadas
- Children
- 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. 72
- Paragraph text
- Where a person waives the right to counsel, means of verification should be employed to ensure that he or she received clear and sufficient information about the content of the right and the potential consequence of a waiver and to establish that the waiver was voluntary and unequivocal (see the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems). When a person invoked the right to assistance of counsel during questioning, a waiver cannot be established by evidence that he or she responded to further questioning in the absence of counsel, even if formerly advised of his or her right to remain silent. In such situations, the interview cannot continue until the assistance of counsel is actualized, unless the interviewee initiates further communication with interviewers (see European Court of Human Rights, Pishchalnikov v. Russia).
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Año
- 2016
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 48
- Paragraph text
- Lesbian, gay, bisexual, transgender and intersex persons are frequently denied medical treatment and subjected to verbal abuse and public humiliation, psychiatric evaluations, forced procedures such as sterilization, "conversion" therapy, hormone therapy and genital-normalizing surgeries under the guise of "reparative therapies". These procedures are rarely, if ever, medically necessary, lead to severe and life-long physical and mental pain and suffering and can amount to torture and ill-treatment (A/HRC/22/53). The criminalization of same-sex relationships and pervasive discrimination against lesbian, gay, bisexual, transgender and intersex persons lead to the denial of health care, information and related services, including the denial of HIV care, in clear violation of international human rights standards such as the Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Health
- Personas afectadas
- LGBTQI+
- 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. 70
- Paragraph text
- The Special Rapporteur is concerned that, in many jurisdictions, access to a lawyer during questioning is routinely denied or unduly delayed until confessions or incriminating statements are elicited. The protocol must adequately reflect the prohibition on interviewing persons without counsel, except in compelling circumstances or when the interviewee gives his or her voluntary and fully informed consent to waive this right (see the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems; A/68/295; and E/CN.4/813 and Corr.1), and reiterate that access to counsel must be enjoyed by anyone deprived of liberty, regardless of whether the offence in question is considered "minor" or "serious".
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- 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. 9
- Paragraph text
- Gender-based discrimination includes violence directed against or disproportionately affecting women (A/47/38). Prohibited conduct is often accepted by communities due to entrenched discriminatory perceptions while victims' marginalized status tends to render them less able to seek accountability from perpetrators, thereby fostering impunity. Gender stereotypes play a role in downplaying the pain and suffering that certain practices inflict on women, girls, and lesbian, gay, bisexual and transgender persons. Furthermore, gender intersects with other factors and identities, including sexual orientation, disability and age, that may render a person more vulnerable to being subjected to torture and ill-treatment (general comment No. 2). Intersectional identities can result in experiencing torture and ill-treatment in distinct ways. The torture protection framework must be interpreted against the background of the human rights norms that have developed to combat discrimination and violence against women.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Violence
- Personas afectadas
- Girls
- LGBTQI+
- Women
- Año
- 2016
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 16
- Paragraph text
- Women comprise between 2 and 9 per cent of the prison population in 80 per cent of the world's prison systems. Although their numbers are increasing, their needs in detention often go unnoticed and unmet, as prisons and prison regimes are typically designed for men. However, women's unique experiences of prison, as well as the motivations for women's criminal behaviour and their pathways into criminal justice systems are often distinct from those of men (A/68/340). Different incarceration and treatment policies, services and even infrastructure are required to address women's distinct needs and ensure their protection.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Gender
- Governance & Rule of Law
- Health
- Personas afectadas
- Men
- Women
- Año
- 2016
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 27
- Paragraph text
- Studies suggest that up to 80 per cent of women in prison are mothers. Many female prisoners are single mothers or primary caregivers, and imprisonment can result in considerable hardship for their children. Contact between detained mothers and their children is often difficult due to the remote location of female prisons. Concern about their children is a primary factor leading to the high incidence of mental health problems and self-harm among female detainees. The Bangkok Rules require that parental and child-caring responsibilities be taken into account in the allocation and sentence-planning processes. The best interests of the child, including the need to maintain direct contact with the mother, must be carefully and independently considered by competent professionals and taken into account in all decisions pertaining to detention, including pretrial detention, sentencing and the placement of the child (CRC/C/THA/CO/2).
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Health
- Personas afectadas
- Children
- Families
- 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. 84
- Paragraph text
- The recording of interviews is a fundamental safeguard against torture, ill treatment and coercion and ought to apply in the criminal justice system and in connection to any form of detention. Every reasonable effort must be made to record interviews, by audio or video, in their entirety. Where circumstances preclude or when the interviewee objects to electronic recording, the reasons should be stated in writing and a comprehensive written record of questioning must be kept. Accurate records of all interviews must be kept and safely stored, and evidence from non recorded interviews should be excluded from court proceedings (see A/56/156).
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- 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. 5
- Paragraph text
- In the present report, the Special Rapporteur assesses the applicability of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment in international law to the unique experiences of women, girls, and lesbian, gay, bisexual and transgender and intersex persons. Historically, the torture and ill-treatment framework evolved largely in response to practices and situations that disproportionately affected men. The analysis has thus largely failed to have a gendered and intersectional lens, or to account adequately for the impact of entrenched discrimination, patriarchal, heteronormative and discriminatory power structures and socialized gender stereotypes. He highlights in the report how the torture and ill-treatment framework can be more effectively applied to qualify human rights violations committed against persons who transgress sexual and gender norms; identify gaps in prevention, protection, access to justice and remedies; and provide guidance to States on their obligations to respect, protect and fulfil the rights of all persons to be free from torture and ill-treatment.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Violence
- Personas afectadas
- Girls
- LGBTQI+
- Women
- Año
- 2016
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 11
- Paragraph text
- States must exercise due diligence to prohibit, prevent and redress torture and ill-treatment whenever there are reasonable grounds to believe that such acts are being committed by private actors. This includes an obligation to prevent, investigate and punish acts of violence against women (A/47/38). Indifference or inaction by the State provides a form of encouragement and/or de facto permission (general comment No. 2). This principle applies to States' failure to prevent and eradicate gender-based violence. States' failure to protect against prohibited conduct and effectively investigate and prosecute violations suggests consent, acquiescence and, at times, even justification of violence. When States are aware of a pattern of violence or the targeting of specific groups by non-State actors, their due diligence obligations are likewise engaged and they are required actively to monitor and review data, apprise themselves of trends and respond appropriately.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Gender
- Governance & Rule of Law
- Violence
- Personas afectadas
- Women
- Año
- 2016
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 23
- Paragraph text
- Body searches, in particular strip and invasive body searches, are common practices and can constitute ill-treatment when conducted in a disproportionate, humiliating or discriminatory manner. Inappropriate touching and handling amounting to sexual harassment during searches is common, as are routine vaginal examinations of women charged with drug offences. These practices have a disproportionate impact on women, particularly when conducted by male guards. The punishment of women who refuse to undergo strip and invasive searches, for instance by placing them in isolation or revoking visitation privileges, is also common. When conducted for a prohibited purpose or for any reason based on discrimination and leading to severe pain or suffering, strip and invasive body searches amount to torture.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Harmful Practices
- Health
- Personas afectadas
- Women
- Año
- 2016
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 29
- Paragraph text
- Girls in the criminal justice system are at particular risk of experiencing torture and ill-treatment. The majority have prior histories of abuse and violence that serve as primary predictors of their entry into the juvenile justice system. Girls' particular physical and mental health needs often go unrecognized and incarceration itself tends to exacerbate trauma, with girls suffering disproportionately from depression and anxiety and exhibiting a higher risk of self-harm or suicide than boys or adults. Many States lack facilities for separating girls from adults or boys, which significantly increases the risks of violence, including sexual violence. The employment of male guards in girls' facilities significantly increases the risk of abuse, while girls held in remote, segregated facilities are isolated and have limited contact with their families.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Violence
- Personas afectadas
- Boys
- Families
- Girls
- Año
- 2016
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 70o
- Paragraph text
- [With regard to women, girls, and lesbian, gay, bisexual and transgender persons in detention, the Special Rapporteur calls on all States to:] When the detention of children with their mothers in prison is unavoidable,implement effective safeguards, including regular monitoring and review of every case to ensure that the children are never treated like prisoners; ensure that the full range of the children's needs, whether medical, physical, psychological or educational, including living conditions that are adequate for a child's development, are guaranteed in practice;
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Personas afectadas
- Children
- Girls
- LGBTQI+
- Women
- Año
- 2016
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 70e
- Paragraph text
- [With regard to women, girls, and lesbian, gay, bisexual and transgender persons in detention, the Special Rapporteur calls on all States to:] Divert women and girls away from the criminal justice system and towards appropriate services and programmes, whenever appropriate, and implement alternatives to detention such as absolute or conditional discharge, verbal sanctions, arbitrated settlements, restitution to the victim or a compensation order, community service orders, victim-offender mediation, family group conferences, sentencing circles, drug rehabilitation programmes and other restorative processes, services and programmes;
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Gender
- Governance & Rule of Law
- Personas afectadas
- Girls
- LGBTQI+
- Women
- Año
- 2016
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 54
- Paragraph text
- It is estimated that 35 per cent of women worldwide have experienced physical or sexual intimate-partner or non-partner violence, with significantly higher figures reported in some States. Women and girls can be victims of specific forms of violence at the hands of their families, for instance in the form of widowhood rites or dowry-related violence, such as bride burnings or acid attacks (A/HRC/20/16). Victims of domestic violence tend to be intimidated by continual threats of physical, sexual or other violence and verbal abuse and may be "effectively manipulated by intermittent kindness" (see E/CN.4/1996/53, para. 47). Fear of further assaults can be sufficiently severe as to cause suffering and anxiety amounting to inhuman treatment.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Violence
- Personas afectadas
- Girls
- Women
- Año
- 2016
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 62
- Paragraph text
- The practice constitutes torture or ill-treatment (A/HRC/7/3) and must be prohibited in accordance with, inter alia, the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (art. 5). Domestic laws permitting the practice contravene States' obligation to prohibit and prevent torture and ill-treatment, as does States' failure to take measures to prevent and prosecute instances of female genital mutilation by private persons. The tendency towards "medicalization" of female genital mutilation does not in any way make the practice more acceptable. States' indifference or inaction provides a form of encouragement and de facto permission for the practice to take place and go unpunished. The Special Rapporteur notes that in many cases, the perpetrators of female genital mutilation include the victim's parents. In this context, prosecution and the imposition of sanctions, including imprisonment, must result from a nuanced determination that takes into account the best interest of the child.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Harmful Practices
- Personas afectadas
- Children
- Women
- Año
- 2016
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 64
- Paragraph text
- Child and other forms of forced marriage increase during conflict and among displaced populations living in refugee or internally displaced persons camps. In 2015 the practice has been documented as being enforced by both State actors and non-State or rebel factions in Iraq, Nigeria, Somalia, the Syrian Arab Republic and elsewhere, with victims being repeatedly raped, compelled to carry multiple pregnancies and subjected to other forms of physical and psychological violence over prolonged periods. While rape commonly occurs in the context of forced marriage, girls and women can also be forced into marriage as a consequence of rape or fear of sexual violence, as a form of "restitution" or "reparation". Like rape, forced marriage is used as a tactic of war and to fulfil strategic objectives such as domination, intimidation and degradation. It has been recognized as a crime against humanity by the Special Court for Sierra Leone.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Humanitarian
- Violence
- Personas afectadas
- Children
- Girls
- Persons on the move
- Women
- Año
- 2016
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 69
- Paragraph text
- States must repeal all laws that support the discriminatory and patriarchal oppression of women, inter alia laws that exclude marital rape from the crime of rape or grant pardon to rapists who marry their victims and laws that criminalize adultery. In addition, States must decriminalize same-sex relationships between consenting adults and repeal all laws that criminalize persons on the basis of their actual or perceived sexual orientation or gender identity or expression. Comprehensive, coordinated policies and programmes to combat gender-based discrimination and violence, inclusive of gender-sensitive trainings of public officials and the implementation of public education and awareness campaigns, must be developed and implemented at all levels.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Personas afectadas
- LGBTQI+
- Women
- Año
- 2016
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 55
- Paragraph text
- Domestic violence can cause severe physical or mental pain and suffering, constitutes gender discrimination, and is sometimes perpetrated with the purpose of eliciting information, punishment or intimidation (E/CN.4/1996/53). Domestic violence amounts to ill-treatment or torture whenever States acquiesce in the prohibited conduct by failing to protect victims and prohibited acts, of which they knew or should have known, in the private sphere (A/HRC/13/39/Add.5). States are internationally responsible for torture when they fail - by indifference, inaction or prosecutorial or judicial passivity - to exercise due diligence to protect against such violence or when they legitimize domestic violence by, for instance, allowing husbands to "chastize" their wives or failing to criminalize marital rape, acts that could constitute torture.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Gender
- Governance & Rule of Law
- Violence
- Personas afectadas
- Women
- Año
- 2016
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 31
- Paragraph text
- Migrants, asylum seekers and refugees worldwide face grave human rights violations during the migration process. Physical violence, threats and abductions by smugglers, traffickers and organized criminal groups are common. Women and girls are particularly vulnerable to sexual violence, exploitation and slavery along migration routes. Such abuses can amount to torture and ill-treatment and States' failure to properly screen migrants and refugees, identify victims of torture and provide appropriate care and support can retraumatize victims and inflict additional mistreatment.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Movement
- Violence
- Personas afectadas
- Girls
- Persons on the move
- Women
- Año
- 2016
Párrafo
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.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Gender
- Humanitarian
- Violence
- Personas afectadas
- All
- Año
- 2016
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 70c
- Paragraph text
- [With regard to women, girls, and lesbian, gay, bisexual and transgender persons in detention, the Special Rapporteur calls on all States to:] Guarantee the right to effective assistance of counsel, including by means of a legal aid system, and the right to appeal decisions to a judicial or other competent independent authority, without discrimination;
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Gender
- Personas afectadas
- Girls
- LGBTQI+
- Women
- Año
- 2016
Párrafo
Impunity as a root cause of the prevalence of torture 2010, para. 70
- Paragraph text
- Rehabilitation centres deserve appreciation and full support for their courage and for the determination with which they continue against the odds to accept patients and care for them in an uncompromising manner. While some medical institutions, such as State hospitals, may succumb to pressure exerted by the police or the military and turn a blind eye when it comes to documenting torture, the rehabilitation centres rigorously and consistently uphold professional and ethical medical standards. Ultimately, to attack a torture rehabilitation centre is to attack the victims of torture who have already suffered abuse and are in need of treatment.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Humanitarian
- Violence
- Personas afectadas
- All
- Año
- 2010
Párrafo
Impunity as a root cause of the prevalence of torture 2010, para. 72
- Paragraph text
- While the United Nations Voluntary Fund for Victims of Torture and international donors such as the European Union (EU), as well as private foundations, are the most important sources of support for rehabilitation centres, it has to be noted that Governments fall overwhelmingly short of their obligation and leave domestic centres and torture survivors struggling. The Special Rapporteur interprets this shortcoming as a further example of the prevalent reluctance on the part of States to deal with the issue of torture in a rigorous manner and to acknowledge the scope of the problem. The unwillingness to ensure adequate funding of domestic rehabilitation centres is a manifestation of the same attitude of taking torture prevention lightly that results in failure to investigate crimes perpetrated by State agents and to eventually hold them accountable.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Violence
- Año
- 2010
Párrafo
Impunity as a root cause of the prevalence of torture 2010, para. 81
- Paragraph text
- States parties have taken different approaches to establishing a national preventive mechanism in compliance with the Optional Protocol, either designating existing institutions or establishing an entirely new body, both of which have advantages and disadvantages. By designating an existing institution such as the national human rights institution, the national preventive mechanism may benefit from that institution's previous experience and positive and visible public profile. On the other hand, it may take over potential problems and shortcomings of the existing institution in terms of public perception, a narrow mandate and a lack of resources. The establishment of an entirely new body may require additional efforts and resources but enables States parties to model the mechanism precisely according to the requirements of the Optional Protocol, instead of making amendments to existing legislation. The ideal model depends on the specific circumstances of each State.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2010
Párrafo
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.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Violence
- Personas afectadas
- All
- Año
- 2010
Párrafo
Impunity as a root cause of the prevalence of torture 2010, para. 58
- Paragraph text
- In most countries visited by the Special Rapporteur, he was not presented with a single case of a law enforcement official being suspended, investigated and prosecuted, let alone convicted, for torture. This was the case in Mongolia, Indonesia, Nepal, Nigeria and Togo, among other countries. Three countries where the Special Rapporteur did receive information that law enforcement officials had been convicted of torture were China, the Republic of Moldova and Sri Lanka. In Sri Lanka, 34 officials had been indicted and three convicted of torture. In Uruguay, there were several ongoing trials for crimes committed in the past. Although several people had been convicted, none had yet been convicted of torture. In Equatorial Guinea, only one official had been tried, but had not been convicted, despite the fact that torture is systematically practised there.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- Activists
- Año
- 2010
Párrafo
Solitary confinement 2011, para. 53
- Paragraph text
- Access to meaningful human contact within the prison and contact with the outside world are also essential to the psychological health of detainees held in solitary confinement, especially those held for prolonged periods of time. Within prisons this contact could be with health professionals, prison guards or other prisoners. Contact with the outside world could include visits, mail, and phone calls from legal counsel, family and friends, and access to reading material, television or radio. Article 17 of the International Covenant on Civil and Political Rights grants prisoners the right to family and correspondence. Additionally, the Standard Minimum Rules for the Treatment of Prisoners provide for various external stimuli (articles 21 on exercise and sport; 37-39 on contact with the outside world; 40 on books; 41 and 42 on religion; 71-76 on work; 77 and 78 on education and recreation; and 79-81 on social relations and after-care).
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- Families
- Año
- 2011
Párrafo
Impunity as a root cause of the prevalence of torture 2010, para. 44
- Paragraph text
- In certain cases, the definition of torture in national criminal law is too narrow and/or leaves out important elements established in article 1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. In the case of Mongolia, the definition fails to include any of the essential elements of torture, including that the act (or omission) causes severe pain or suffering, whether physical or mental, that it is intentionally inflicted for a specific purpose and by or at the instigation of or with the consent or acquiescence of a public official acting in an official capacity. Article 251 of the Mongolian Code of Criminal Procedure was amended in 2008 but the provision does not apply to all public officials or persons acting in an official capacity.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Health
- Personas afectadas
- All
- Año
- 2010
Párrafo
Solitary confinement 2011, para. 51
- Paragraph text
- Rules 12 and 13 of the Standard Minimum Rules stipulate that detention facilities should provide sufficient sanitary fixtures to allow for the personal hygiene of the detainee. Therefore, cells used for solitary confinement should contain a lavatory and wash-basin within the cell. In its 2006 report on Greece, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment observed that isolation cells in the Komotini Prison failed to meet the necessary minimum standard for sanitary fixtures because detainees were forced to use the toilet for a wash-basin as well. Other environmental factors, such as temperature, noise level, privacy, and soft materials for cell furnishings may also be implicated in the solitary confinement setting.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Health
- Personas afectadas
- Persons on the move
- Año
- 2011
Párrafo
Solitary confinement 2011, para. 32
- Paragraph text
- The Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment has pointed out that prolonged solitary confinement may amount to an act of torture and other cruel, inhuman or degrading treatment or punishment and recommended that solitary confinement should not be used in the case of minors or the mentally disabled (CAT/OP/PRY/1, para. 185). The Subcommittee has also recommended that a medical officer should visit prisoners held in solitary confinement every day, on the understanding that such visits should be in the interests of the prisoners' health. Furthermore, prisoners held in solitary confinement for more than 12 hours should have access to fresh air for at least one hour each day (CAT/OP/PRY/1, para. 184). In view of the condition of solitary confinement, the Subcommittee has pointed out that beds and proper mattresses should be made available to all inmates, including prisoners held in solitary confinement (CAT/OP/HND/1, para. 227 (a), and CAT/OP/PRY/1, para. 280).
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Health
- Personas afectadas
- Adolescents
- Año
- 2011
Párrafo
Solitary confinement 2011, para. 38
- Paragraph text
- The Court has additionally recognized that solitary confinement results in psychological and physical suffering that may contribute to treatment that constitutes torture. In at least one case, the Court has identified the physical conditions of solitary confinement, including "a small cell with no ventilation or natural light", and a prison regime where a detained individual "is held for 23 and a half hours a day ..., [and] permitted to see his relatives only once a month, but could have no physical contact with them", when coupled with other forms of physical and psychological aggression, in sum may constitute physical and psychological torture.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Personas afectadas
- Families
- Año
- 2011
Párrafo
Solitary confinement 2011, para. 40d
- Paragraph text
- [The justifications provided by States for the use of solitary confinement fall into five general categories:] To protect or promote national security;
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Personas afectadas
- N.A.
- Año
- 2011
Párrafo
Overview of working methods and vision 2011, para. 59
- Paragraph text
- The mandate holder believes that his role as Special Rapporteur does not only give him an opportunity to assess the situation with regard to torture, but also to provide credible and human rights-friendly forensic and other scientific alternatives which have been proven to achieve better results than the use of torture. During his tenure, the Special Rapporteur intends to identify and further develop the linkages between forensic and other sciences, not only with a view to eradicating torture and providing corroborating evidence of torture, but also to offer States credible forensic and other scientific alternatives to employ in law enforcement, counter-terrorism and effective criminal prosecution.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2011
Párrafo
Solitary confinement 2011, para. 98
- Paragraph text
- Detained persons held in solitary confinement must be afforded genuine opportunities to challenge both the nature of their confinement and its underlying justification through the courts of law. This requires a right to appeal all final decisions by prison authorities and administrative bodies to an independent judicial body empowered to review both the legality of the nature of the confinement and its underlying justification. Thereafter, detained persons must have the opportunity to appeal these judgements to the highest authority in the State and, after exhaustion of domestic remedies, seek review by regional or universal human rights bodies.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- Persons on the move
- Año
- 2011
Párrafo
Overview of working methods and vision 2011, para. 52
- Paragraph text
- The Special Rapporteur recalls that international customary law and treaty law require States to "ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made." This exclusionary rule is fundamental for upholding the absolute and non-derogable nature of the prohibition of torture by providing a disincentive to use torture. Its essential preventive function is also crucial to fair trial guarantees. The Special Rapporteur calls for strict adherence to the international prohibitions established under international treaties and developed through the Convention, as well as regional and national judicial processes.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2011
Párrafo
Solitary confinement 2011, para. 65
- Paragraph text
- Studies have found continued sleep disturbances, depression, anxiety, phobias, emotional dependence, confusion, impaired memory and concentration long after the release from isolation. Additionally, lasting personality changes often leave individuals formerly held in solitary confinement socially impoverished and withdrawn, subtly angry and fearful when forced into social interaction. Intolerance of social interaction after a period of solitary confinement is a handicap that often prevents individuals from successfully readjusting to life within the broader prison population and severely impairs their capacity to reintegrate into society when released from imprisonment.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Movement
- Personas afectadas
- All
- Año
- 2011
Párrafo
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 26
- Paragraph text
- Capital punishment is the ultimate exception to the inherent right to life. Article 6 of the International Covenant on Civil and Political Rights and respective regional provisions allow use of the death penalty as the ultimate form of punishment under specific conditions. Accordingly, and despite the global trend towards the abolition of capital punishment, the continued use of the death penalty does not constitute a violation per se of the right to life if imposed and executed in accordance with severe restrictions and safeguards provided by international and domestic law. Simultaneously, international law absolutely prohibits torture and cruel, inhuman or degrading treatment or punishment (art. 7 of the Covenant, and arts. 1 and 16 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment).
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2012
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The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 33
- Paragraph text
- The United Nations High Commissioner for Human Rights has suggested that hanging, as a matter of law, is contrary to article 7 of the Covenant. In 2007, the High Commissioner submitted an amicus curiae application to the Iraqi Supreme Criminal Tribunal because of the real risk that the method of execution would itself amount to inhuman or degrading treatment or punishment. Acknowledging that the prohibition of cruel, inhuman and degrading treatment was a core provision of international human rights law, the High Commissioner found that the executions (by hanging), were so flawed as to amount, in their implementation, to cruel, inhuman and degrading punishment.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Año
- 2012
Párrafo
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 41
- Paragraph text
- In conclusion, it can be stated that even retentionist States agree that some methods of execution constitute cruel, inhuman and degrading treatment and are therefore prohibited under international law (e.g., see A/63/293 and Corr.1, para. 67). In addition, there is a growing trend to scrutinize all other methods of execution so far considered as not causing severe pain and suffering. In this respect, there is no categorical evidence that any method of execution in use today complies with the prohibition of torture and cruel, inhuman or degrading treatment in every case. Even if the required safeguards (Economic and Social Council resolution 1984/50, annex) are in place, all methods of execution currently used can inflict inordinate pain and suffering. States cannot guarantee that there is a pain-free method of execution.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2012
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Overview of working methods and vision 2011, para. 57
- Paragraph text
- The Special Rapporteur also intends to explore the possibility of a teleological interpretation of the exclusionary rule contained in article 15 of the Convention, as he believes that this norm is both a fundamental due process standard as well as a tool to discourage investigators and security agents from practicing torture and ill-treatment. In this regard, it would be important to consider whether the exclusion of evidence should be extended not only to confessions and statements obtained under torture, but also to all other pieces of evidence obtained through legal means but whose leads originate in an act of torture. In some jurisdictions, this approach has been called the "fruit of the poisonous tree" doctrine. While acknowledging that the international standard does not go so far, the Special Rapporteur would certainly recommend that States, as a matter of their own internal practices, voluntarily adopt a similar rule in their domestic criminal procedures.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2011
Párrafo
Overview of working methods and vision 2011, para. 64
- Paragraph text
- The Special Rapporteur emphasizes the importance of monitoring places of pretrial detention and developing effective measures to prevent the perpetration of torture and other cruel, inhuman or degrading treatment or punishment, including in police custody and pretrial detention centres. Like his predecessors, the Special Rapporteur is of the opinion that legally arrested persons should not be held in facilities under the control of their interrogators or investigators for more than the time required by law to obtain a judicial warrant of pretrial detention which, in any case, should not exceed 48 hours. He further notes that pretrial detention is often carried out for the purpose of extracting a confession under torture. Experience shows that most acts of torture, and certainly the most cruel and egregious, happen in the first few hours or days after a person's arrest, and while he/she is technically under preventive detention. In this respect, he recalls article 15 of the Convention, and like his predecessors, recommends that no statement of confession made by a person deprived of liberty, other than that made before a court, should be admissible or be afforded probative value in any judicial proceeding.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
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- 2011
Párrafo
Overview of working methods and vision 2011, para. 72
- Paragraph text
- In view of this, the Special Rapporteur reiterates that the basic good faith measure that States can undertake to show their commitment to addressing torture remains the ratification, without reservation, of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and its Optional Protocol (the "Protocol"). The Convention and its Protocol are important first steps towards eradicating this serious international crime. This notwithstanding, ratification is not a substitute for States to take effective measures as necessary to prevent and suppress torture and ill-treatment.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2011
Párrafo
Commissions of inquiry 2012, para. 26d
- Paragraph text
- [Commissions of inquiry may also be designed to address other objectives, including:] To promote reconciliation.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Humanitarian
- Personas afectadas
- N.A.
- Año
- 2012
Párrafo
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 80b
- Paragraph text
- [Whether or not a customary norm prohibiting the death penalty has crystallized, the Special Rapporteur calls upon all retentionist States to observe rigorously the restrictions and conditions imposed by article 7 of the International Covenant on Civil and Political Rights and article 1 or article 16 of the Convention against Torture. The Special Rapporteur calls upon retentionist States:] To ensure that the method of execution employed causes the least possible physical and mental suffering and that it does not violate the prohibition of torture and cruel, inhuman or degrading treatment; establish that there are no more humane alternatives available; and justify the use of a particular method of execution. The Special Rapporteur reiterates that the burden of proof is on the State;
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
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- Civil & Political Rights
- Governance & Rule of Law
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- 2012
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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.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Personas afectadas
- All
- Año
- 2012
Párrafo
Commissions of inquiry 2012, para. 33
- Paragraph text
- Commissions of inquiry are particularly useful where there is a lack of public information about a specific event or issue, such as when, for reasons of national security or intelligence, certain information is secret or classified. Under these circumstances, in order to respect the principles of constructive and meaningful participation of victims in establishing the facts, truth-seeking and holding perpetrators accountable, it is essential to ensure that a victim's right to effective investigation and redress is secured. In this respect, commissions of inquiry can help to maximize the disclosure of relevant information into the public domain. Where information is received in camera, a commission of inquiry may submit an excerpt or summary of that information to the appropriate judicial authority to ensure that a State's assertion that certain information is privileged is subject to the highest level of scrutiny.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2012
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Commissions of inquiry 2012, para. 39
- Paragraph text
- The Human Rights Council also mandated a fact-finding mission on the Gaza conflict, in 2009, and a fact-finding mission for the Syrian Arab Republic, in 2012.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Humanitarian
- Año
- 2012
Párrafo
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 48
- Paragraph text
- Solitary confinement is one of the most common practices used on death row. As outlined in the previous report of the Special Rapporteur to the General Assembly (A/66/268), given its severely adverse effects on health, solitary confinement itself can amount to torture or cruel, inhuman or degrading treatment. Individuals held in solitary confinement suffer extreme forms of sensory deprivation, anxiety and exclusion, clearly surpassing lawful conditions of deprivation of liberty. Solitary confinement, in combination with the foreknowledge of death and the uncertainty of whether or when an execution is to take place, contributes to the risk of serious and irreparable mental and physical harm and suffering to the inmate. Solitary confinement used on death row is by definition prolonged and indefinite and thus constitutes cruel, inhuman or degrading treatment or punishment or even torture.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Personas afectadas
- All
- Año
- 2012
Párrafo
Commissions of inquiry 2012, para. 36
- Paragraph text
- There are also examples of commissions of inquiry that have had limited success owing to other factors. In 2009, the Government of Sri Lanka dissolved the Presidential Commission of Inquiry, established to look into serious violations of human rights committed since 2006. The Commission was unable to complete its mandate as no extensions were granted owing to a lack of resources and political will. The final report of the truth and reconciliation commission in Liberia received criticism that it was poorly drafted, lacked transparent explanation of the evidence on which it was based and contained inconsistent policy recommendations. The law that established the truth and reconciliation commission in Indonesia in 2005 was struck down by the Constitutional Court on the grounds that the prerequisite of granting amnesties to perpetrators violated victims' rights as protected by the Constitution of Indonesia. The truth and reconciliation commission established in the Democratic Republic of the Congo in 2003 suffered from a number of critical flaws in its structure, including, most prominently, a lack of transparency in the selection of the commissioners, who included individuals with ties to those implicated in the crimes to be investigated.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- N.A.
- Año
- 2012
Párrafo
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 46
- Paragraph text
- In 1993, the Judicial Committee of the Privy Council of the British House of Lords took the approach that length of time is the sole factor in constituting cruel or inhuman punishment. The case of Pratt and Morgan v. Jamaica created a presumption that spending more than five years on death row met the criteria necessary for a finding of death row phenomenon. The Privy Council's reasoning was that the domestic appeals process should take approximately two years and an appeal to an international body should take approximately 18 months. By combining the two, and adding an appropriate amount of time for reasonable delay, the Court was able to come up with a timetable of five years. In a number of cases, the Privy Council relied on the five-year principle as a guide. In Guerra v. Baptiste (1996), it found that four years and ten months under sentence of death, as a result of factors beyond the prisoner's control, constituted the death row phenomenon and therefore a violation. In Henfield v. Bahamas (1997), three and a half years was deemed an appropriate time limit. Similarly, in the landmark ruling of the Supreme Court of Uganda in January 2009, the Court held that to execute a person after a delay of three years in conditions that were not acceptable by Ugandan standards would amount to cruel, inhuman punishment. With regard to the reasons for the delay, the Privy Council found that delay inappropriately caused by the prisoner could not be used to the advantage of the inmate but where a State caused the delay, it was logical to hold the State responsible for violating the prisoner's rights. However, where delay was caused by a prisoner exercising his legitimate right to appeal, the fault was to be attributed to the appellate system that permitted such delay and not to the prisoner who took advantage of it. The Privy Council recognized that a prisoner would cling to any hope in order to protect his or her life, and that such human instinct could not be treated as a prisoner's fault. The European Court went even further and took the position that even if the delay was the result of the inmate's actions, he or she was not to be blamed for pursuing life as the fact remained that individuals were pursuing life under death row conditions with mounting tension over their own death.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Año
- 2012
Párrafo
Commissions of inquiry 2012, para. 48
- Paragraph text
- The affirmative obligation of States to investigate gross violations of human rights law and serious violations of international humanitarian law is inextricably linked to the obligation to prosecute, and also to the right to truth. In its jurisprudence, the Human Rights Committee regularly invokes the obligation of States parties to the International Covenant on Civil and Political Rights to investigate and punish human rights violations. In the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, the General Assembly asserted that the obligation to implement international human rights law and international humanitarian law includes the duty to investigate violations effectively, promptly, thoroughly and impartially and, where appropriate, to take action against those allegedly responsible in accordance with domestic and international law. Moreover, States have the duty to investigate and, if there is sufficient evidence, the duty to submit to prosecution the person allegedly responsible for the violations and, if found guilty, the duty to punish him or her.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
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- Governance & Rule of Law
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- All
- Año
- 2012
Párrafo
Commissions of inquiry 2012, para. 54
- Paragraph text
- Commissions of inquiry can also directly assist prosecutions by providing information collected by the commission to the prosecuting authorities. Information derived from a commission's final report can serve as a useful, even if not entirely comprehensive, tool in the formal prosecution of a victim's case. For example, the commission's findings may provide insights into the role and extent of the complicity of State officials in torture. In all instances where a commission of inquiry receives allegations of torture and other forms of ill-treatment committed by State or non-State actors, the allegation and all relevant evidence must be submitted to relevant prosecutorial authorities for the initiation of a formal legal investigation and, if relevant, prosecution.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- N.A.
- Año
- 2012
Párrafo
Commissions of inquiry 2012, para. 26b
- Paragraph text
- [Commissions of inquiry may also be designed to address other objectives, including:] To respond to the needs of victims;
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- N.A.
- Año
- 2012
Párrafo
Commissions of inquiry 2012, para. 35
- Paragraph text
- In general, it should be seen as a positive development if States undertake to establish a commission of inquiry in response to alleged violations, since States are accountable to the international community for their solemnly acquired obligations. Some States may, however, establish a commission to give the impression that there is a serious inquiry under way so that the international community is less likely to take action. It is appropriate to presume good faith on the part of the State that establishes a commission of inquiry, but ultimately that good faith should be tested in the results of the exercise.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2012
Párrafo
Review of the standard minimum rules for the treatment of prisoners 2013, para. 31
- Paragraph text
- Thus, regardless of which authority is competent to authorize and/or execute transfers, the authority releasing the detainee, as guarantor of the right to life and humane treatment of the persons under its custody, must act with due diligence and objectivity in assessing potential risk factors and the feasibility of the transfer, and must inform the judge in charge, prior to carrying out the transfer, to give him or her the opportunity to overturn said transfer. The Rules should allow for available, suitable and effective judicial remedies to challenge transfers when it is believed that they infringe on the human rights of inmates.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2013
Párrafo
Commissions of inquiry 2012, para. 55
- Paragraph text
- If a commission of inquiry precedes formal criminal prosecutions, or the two mechanisms exist simultaneously, care must be taken to ensure that the work of the commission does not inhibit prosecutions in any way. In establishing an international commission of inquiry to investigate the assassination of former Prime Minister of Pakistan Mohtarma Benazir Bhutto, the Secretary-General agreed that the international commission should be fact-finding in nature and not be a criminal investigation; the duty of carrying out a criminal investigation, finding the perpetrators and bringing them to justice, remains with the competent Pakistani authorities.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Año
- 2012
Párrafo
Commissions of inquiry 2012, para. 46
- Paragraph text
- In Bahrain, a commission of inquiry was established pursuant to Royal Order No. 28 in response to the events of February and March 2011 and thereafter, to investigate alleged international human rights violations and propose recommendations. In response to the Commission's report, published in November 2011, the Government engaged in a consultation process with relevant actors in order to implement the recommendations, including an examination of all complaints of torture and other forms of ill-treatment. The Special Rapporteur welcomes the opportunity to follow up on the Commission's report, within the scope of his mandate, and to contribute further to the reform process during his official visit to Bahrain in March 2012.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- N.A.
- Año
- 2012
Párrafo
Commissions of inquiry 2012, para. 53
- Paragraph text
- Commissions of inquiry are able to complement the prosecutorial function as they may make use of information not admissible in a court of law because the evidentiary standards are less rigorous. For example, in commissions of inquiry, hearsay evidence is generally admissible owing to the lower evidentiary standards required. Similarly, often the required burden of proof is not as high as it would be in criminal trials; for example, a preponderance of the evidence may be sufficient, as opposed to proof beyond a reasonable doubt. Moreover, in the case of commissions of inquiry, individuals are typically invited voluntarily to testify or submit written statements, unlike the more formal deposition proceedings generally required in traditional courts of law.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2012
Párrafo
Review of the standard minimum rules for the treatment of prisoners 2013, para. 37
- Paragraph text
- As a rule of general application, the Rules should refrain from transferring inmates to a distant facility (see the Body of Principles, principle 20) or to a facility with much worse conditions as a form of punishment and from placing heavy restrictions on inmates' contact with the outside world, except as incidental to justifiable segregation or the maintenance of discipline (see Rules 57 and 60). Although the Rules highlight the importance for prisoners under sentence of maintaining contact with the outside world (see part II, sect. A), this principle should be of general application for all persons deprived of liberty, including death row inmates, to mitigate the level of suffering that is inherent to the condition of persons sentenced to death and to ensure that the penitentiary system comprises treatment of prisoners the essential aim of which shall be their reformation and social rehabilitation (International Covenant on Civil and Political Rights, art. 10 (3)). Furthermore, the Rules should guarantee that segregation and isolation are not used as a subtle form of punishment and that persons who are segregated or isolated are held in conditions applicable to the rest of the prison or penitentiary population and are subject to the full range of protections. The rationale behind this is that in some countries different forms of prison regimes and forms of segregation are used as additional measures of punishment, for example by excluding those imprisoned for life from work, educational or other activities. In some countries, prisoners serving a life sentence are confined, in virtual isolation, for up to 22 hours a day in small, cramped, unventilated cells, often in extreme temperatures, without any type of prison activities.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2013
Párrafo
Review of the standard minimum rules for the treatment of prisoners 2013, para. 39
- Paragraph text
- It is important to consider that the deprivation of the right to individual self-determination is not incidental to criminal punishment or any other form of custodial care. The current phrasing of Rule 57 can be misunderstood as meaning that deprivation of liberty results in the withdrawal of individual self-determination. It may be pertinent to redraft Rule 58 in order to clarify that only reasonable boundaries inherent to the regime in the places of detention apply. Likewise, Rule 69 could be amended to omit the reference to the conduct of a study of the personality of prisoners, as potentially in conflict with the right to personal self-determination.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Año
- 2013
Párrafo
Commissions of inquiry 2012, para. 62
- Paragraph text
- Where human rights violations have had a distinct ethnic, racial, or religious dimension, it is important to include people who fully understand the plight of affected communities. Under all circumstances careful attention should be paid to the inclusion of women in the composition of the commission. Of additional value is the inclusion of individuals with a gender perspective to better understand the specific ways in which vulnerable persons, including, women, children, lesbian, gay, bisexual and transgender persons, persons with disabilities and persons belonging to a minority or indigenous group suffer from gross violations, including torture and other forms of ill-treatment and how they affect their communities. Geographic and cross-cultural balance in a commission is also of the greatest importance, as long as the standards of expertise and professionalism are not diminished for the sake of political balance.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Social & Cultural Rights
- Personas afectadas
- Children
- Ethnic minorities
- LGBTQI+
- Women
- Año
- 2012
Párrafo
Commissions of inquiry 2012, para. 72
- Paragraph text
- In all cases, however, certain steps must be taken to ensure that the activities of a commission of inquiry do not jeopardize criminal due process standards, including, importantly, the rights of potential criminal defendants. Commissions of inquiry should not identify individuals as being criminally responsible for acts described in the final report if doing so violates the rights of the identified individuals, who should be presumed to be innocent, and may inject additional bias into any subsequent official criminal investigation or prosecution. It may be possible to "name names" in a non-accusatory manner, without necessarily affirming criminal responsibility. However, where a commission determines that evidence strongly indicates participation by one or more individuals in crimes within its mandate, it should submit the names and the underlying information or evidence to relevant judicial or prosecutorial bodies for the latter to proceed in accordance with procedural and substantive laws applying to criminal justice. Under no circumstances should a commission of inquiry delay or obstruct formal criminal investigation and prosecution of torture and other forms of ill-treatment.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2012
Párrafo
Review of the standard minimum rules for the treatment of prisoners 2013, para. 86
- Paragraph text
- The global prison crisis has an adverse impact on conditions of detention. The negative impact of the overuse of incarceration on human rights is manifold. The overuse of imprisonment constitutes one of the major underlying causes of overcrowding, which results in conditions that amount to ill-treatment or even torture. The revision of the Rules offers an excellent opportunity to revisit States' commitment to addressing the needs of persons deprived of liberty, with full respect for their inherent dignity and fundamental rights, and to adhering strictly to international human rights instruments.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2013
Párrafo
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. 27
- Paragraph text
- In all legal systems, capacity is a condition assigned to agents that exercise free will and choice and whose actions are attributed legal effects. Capacity is a rebuttable presumption; therefore, "incapacity" has to be proven before a person can be designated as incapable of making decisions. Once a determination of incapacity is made, the person's expressed choices cease to be treated meaningfully. One of the core principles of the Convention on the Rights of Persons with Disabilities is "respect for inherent dignity, individual autonomy including the freedom to make one's own choices, and independence of persons" (art. 3 (a)). The Committee on the Rights of Persons with Disabilities has interpreted the core requirement of article 12 to be the replacement of substituted decision-making regimes by supported decision-making, which respects the person's autonomy, will and preferences.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- Persons with disabilities
- Año
- 2013
Párrafo
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. 6d
- Paragraph text
- [The Special Rapporteur calls upon all States to:] Provide appropriate human rights education and information to health-care personnel on the prohibition of torture and ill-treatment and the existence, extent, severity and consequences of various situations amounting to torture and cruel, inhuman or degrading treatment or punishment; and promote a culture of respect for human integrity and dignity, respect for diversity and the elimination of attitudes of pathologizaton and homophobia. Train doctors, judges, prosecutors and police on the standards regarding free and informed consent;
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personas afectadas
- All
- Año
- 2013
Párrafo
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 21
- Paragraph text
- International law provides for absolute and non-derogable prohibition of torture and other ill-treatment. The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment envisages three main pillars in the fight against torture, which are the obligation of States to ensure justice and to prevent and to redress all acts of torture. The obligation to investigate is central to the realization of all three main pillars. The evidence collected during investigations may form the basis for civil, administrative and criminal proceedings seeking justice; it may support claims made under the exclusionary and non refoulement rules; and it may help assess victims' claims for reparation. Lastly, thorough investigation is necessary to ensure that official bodies and the general public can monitor and be made aware of such practices in order to prohibit them and encourage reform.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2014
Párrafo
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 30
- Paragraph text
- The Special Rapporteur notes with concern that in cases where prison medical staff, including doctors under prison authorities, report allegations of torture to prison officials before reporting to the judiciary, there is inadequate protection of the alleged victim. In order to sufficiently guarantee confidentiality and protection, medical reports of detainees reporting possible cases of torture or other ill-treatment are the property of the detainee and should be addressed directly to the judge, prosecutors or other independent body according to national rules and only with alleged victim's prior and informed consent.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Health
- Personas afectadas
- Persons on the move
- Año
- 2014
Párrafo
The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 22
- Paragraph text
- As the prohibition against torture and other ill-treatment is absolute and non-derogable under any circumstances, it follows that the exclusionary rule must also be non-derogable under any circumstances, including in respect of national security. Further, since the prohibition of torture and other ill-treatment is part of customary international law, it follows that the exclusionary rule, as a component of that prohibition, must also apply to States that are not party to the Convention against Torture. In the aftermath of the attacks of 11 September 2001, the Committee against Torture specified that the obligations in article 2, paragraph 2, of the Convention, whereby "'no exceptional circumstances whatsoever…may be invoked as a justification of torture'"; the exclusionary rule contained in article 15; and the prohibition of cruel, inhuman or degrading treatment or punishment in article 16 are three provisions of the Convention that "'must be observed in all circumstances'".
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2014
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The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 33
- Paragraph text
- Indeed, this test in effect places the burden of proof on the appellant to put forward evidence to satisfy the court that it is more likely than not was obtained under torture or other ill-treatment. The Special Rapporteur has held that the applicant is only required to demonstrate that his or her allegations are well founded, thus that there are plausible reasons to believe that there is a real risk of torture or ill-treatment, and the burden of proof should shift to the prosecution and the courts. The Committee against Torture has also consistently ruled that the burden of proof rests with the State, stating that the general nature of [article 15] derives from the absolute nature of the prohibition of torture and therefore implies an obligation for each State party to ascertain whether or not statements included in an extradition procedure under its jurisdiction were made under torture. It is therefore for the State to investigate with due diligence whether there is a real risk that a confession or other evidence was not obtained by lawful means, including torture or other ill-treatment. Similarly, in the case of El Haski v. Belgium, the European Court of Human Rights held that it would be necessary and sufficient for the complainant, if the exclusionary rule were to be invoked, to show that there was a "real risk" that the impugned statement was obtained under torture or other ill-treatment. Similarly, the African Commission on Human and Peoples' Rights held that "once a victim raises doubt as to whether particular evidence has been procured by torture or other ill-treatment, the evidence in question should not be admissible, unless the State is able to show that there is no risk of torture or other ill-treatment".
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2014
Párrafo
The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 42
- Paragraph text
- Although articles 2, paragraph 1, and 16, paragraph 1, of the Convention and article 2 of the Covenant contain a jurisdictional limitation, it is clear that the obligation to take measures to prevent acts of torture or other ill-treatment includes actions that the State takes in its own jurisdiction to prevent torture or other ill-treatment in another jurisdiction. In Soering v. the United Kingdom, the European Court of Human Rights found that the extraditing State would be responsible for the breach, even where such treatment is subsequently beyond its control. The prohibition against acts of torture and other ill-treatment requires States to abstain from acting within their territory and spheres of control in a manner that exposes individuals outside their territory and control to a real risk of such acts. The fact that torture or other ill-treatment occurs outside the territory or the direct control of the State in question does not relieve that State from responsibility for its own actions vis-à-vis the incident. States have an international legal obligation to safeguard the rights of all individuals under their jurisdiction, which implies that they have a duty to ensure that foreign agencies do not engage in activities that violate human rights on their territory (including as regards the prohibition against torture or other ill-treatment) and to refrain from participating in any such activities (A/HRC/14/46, para. 50). The International Court of Justice, in its advisory opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, recognized that the jurisdiction of States is primarily territorial, but concluded that the International Covenant on Civil and Political Rights extends to "acts done by a State in the exercise of its jurisdiction outside of its own territory." Moreover, the jus cogens nature of the prohibition against torture implies that States are under an obligation to refuse to accept any results arising from its violation by another State.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- N.A.
- Año
- 2014
Párrafo
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 64
- Paragraph text
- The Special Rapporteur emphasizes that the evaluation of medical and psychological documentary evidence and expert opinions, including psychiatric and psychological evidence, must move towards a more systematic approach. The role of psychiatric and psychological expertise, in identification and verification of allegations, must be strengthened. The CPT and the Istanbul Protocol standards serve as a standard for evaluation of medical evidence, as a reference tool for experts delivering expert opinions, as a benchmark for assessing the effectiveness of the domestic fact-finding and as a means of redress for victims. These or similar standards must be implemented in domestic frameworks for torture investigation. Courts must accept and evaluate independently collected evidence on their merits.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2014
Párrafo
The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 28
- Paragraph text
- The exclusionary rule applies not only where the victim of the treatment contrary to the prohibition of torture or other ill-treatment is the actual defendant, but also where third parties are concerned. Such a conclusion is plainly intended by the wording of article 15, which provides that "any statement…in any proceedings" shall come within the scope of exclusion and not just one given by the accused in a domestic court. The Committee against Torture, the European Court of Human Rights and the Inter-American Court of Human Rights have firmly ruled against the use of evidence tainted by torture that has been extracted from third parties, regardless of whether such evidence may be used in domestic proceedings or in proceedings in a third State.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2014
Párrafo
The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 76
- Paragraph text
- The collection, sharing and receiving of information from States where there is a real risk of torture or other ill-treatment suffice to demonstrate State responsibility through complicity. States have to assess the situation and the possible real risk of acts of torture or other ill-treatment and must refrain from "automatic reliance" on information from the intelligence services of other countries, which is incompatible with the object and purpose of the absolute prohibition of torture and other ill-treatment and the obligation to prevent and discourage torture and other ill-treatment.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
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- All
- Año
- 2014
Párrafo
Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 67
- Paragraph text
- The Special Rapporteur calls upon States to recognize that their obligations under articles 2 and 16 of the Convention to take steps to prevent torture and other ill-treatment in "any territory under [their] jurisdiction" encompass all areas in which the State exercises, in whole or in part, de jure or de facto effective control, as well as all persons under the State's effective control, and action taken in its own jurisdiction to prevent torture or other ill-treatment extraterritorially, including by third parties or organs of third States operating within the jurisdiction of the State party concerned. This includes measures taken by States in their own jurisdiction to prevent torture or other ill-treatment abroad.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2015
Párrafo
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 62
- Paragraph text
- The lack of independence and impartiality of many forensic medical services and health professionals is a key obstacle to combating impunity for perpetrators and ensuring reparations to victims. Health professionals tasked with the medico-legal evaluation of alleged victims of torture, with investigations into deaths in custody and with providing forensic evidence in criminal proceedings must enjoy organizational, institutional and functional independence from the police, judiciary, military and prison services. The law and practice must ensure that they act in full impartiality.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Health
- Personas afectadas
- All
- Año
- 2014
Párrafo
Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 34
- Paragraph text
- Furthermore, the use of the phrasing "any territory under its jurisdiction" in articles 11-13 reflects a common-sense drafting choice that cannot be interpreted as intending to limit a State's obligations to take preventive measures against torture and ill-treatment when in fact it is compelled to do so by a factual situation that entails the State's actual control or authority over an area, place or person outside its territory. For example, the preventive obligations enshrined in article 11 that require a systematic review of interrogation rules for custody and treatment of persons in detention cannot be interpreted as limiting States' obligations to their sovereign territories or places over which they exercise complete governmental authority (CAT/C/USA/CO/3-5). Rather, the clause denotes a particular factual situation and the obligations enshrined in the article apply by virtue of the authority or control wielded by State agents involved in the arrest, detention, imprisonment or interrogation of persons abroad, in places such as in Bagram and Abu Ghraib in Iraq and other extraterritorial detention facilities such as Central Intelligence Agency "black sites" or offshore refugee processing centres. Likewise, the obligations enshrined in articles 12 and 13 must also be triggered by virtue of a State's exercise of de jure or de facto control over a particular area, detention facility or individual. By contrast, the obligations enshrined in article 10 do not contain a spatial reference, given that their practical implementation is not contingent upon the State party's control or authority over a particular individual or area. As explained by a former mandate holder, if a soldier of State A under the command of State B in a peacekeeping operation in State C were to commit an act of torture, State A could be responsible for failure to provide appropriate training under article 10 (State B and the United Nations might also be responsible).
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2015
Párrafo
The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 55
- Paragraph text
- The Special Rapporteur therefore finds that the receiving States are responsible because their policies and practices serve to maintain the situation of illegality, which constitutes a serious breach of the peremptory norm prohibiting torture and other ill-treatment and is irreconcilable with the obligation erga omnes of States to cooperate in the eradication of torture. Even if ultimately not used, and therefore not under scrutiny, the receipt of information tainted by torture or other ill-treatment, involving countries with a poor human rights record, condones torture or ill-treatment, makes it less likely that a State concerned will speak out against such practices and leads to State responsibility for complicity in torture and in the commission of internationally wrongful acts.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2014
Párrafo
The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 81
- Paragraph text
- To ensure accountability in intelligence cooperation, truly independent intelligence review and oversight mechanisms should be established and enhanced. As a starting point for further development, the Special Rapporteur commends the guidelines proposed by the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism in his report in 2010 on a compilation of good practices on legal and institutional frameworks and measures that ensure respect for human rights by intelligence agencies while countering terrorism, including on their oversight practices (A/HRC/14/46, principles 31-35).
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2014
Párrafo
Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 72
- Paragraph text
- Victims have a fundamental right to a remedy that must be accessible regardless of where the violation occurred or whether the State exercising jurisdiction is the perpetrator State. An essential component of this obligation to provide redress is that States do not block or obstruct access to effective remedies by invoking "State secrets" or other doctrines to dismiss lawsuits in limine litis. The Special Rapporteur encourages States to provide civil remedies and rehabilitation for victims of foreign acts of torture or other ill-treatment and to ensure in their legal system that victims obtain redress regardless of who bears responsibility for mistreatment or where it took place.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2015
Párrafo
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 37
- Paragraph text
- Similarly, life sentences without the possibility of release for children are expressly prohibited by international law and treaties, including article 37(a) of the Convention on the Rights of the Child. The Committee on the Rights of the Child, in its general comment No. 10 (CRC/C/GC/10), and the Human Rights Committee, in its general comment No. 21, confirmed that life imprisonment without the possibility of release is never an appropriate punishment for an offence committed by a juvenile offender. The vast majority of States have taken note of the international human rights requirements regarding life imprisonment of children without the possibility of release. Significantly, the United States of America is the only State in the world that still sentences children to life imprisonment without the opportunity for parole for the crime of homicide.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- Children
- Año
- 2015
Párrafo
The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 49
- Paragraph text
- In addition, State responsibility also derives from existing customary rules, as codified in the draft articles on the responsibility of States for internationally wrongful acts adopted by the International Law Commission at its fifty-third session. They confirm that no State should provide aid or assistance to another State in the commission of an internationally wrongful act (draft articles 16-18), should not recognize as lawful a situation created by a "serious breach" of its obligations under peremptory norms of international law and should cooperate to bring the breach to an end (draft articles 40 and 41). Therefore, if a State were to be torturing detainees, other States would have a duty to cooperate to bring such a serious breach of the prohibition against torture to an end and would be required not to give any aid or assistance to its continuation (A/67/396, para. 48, and A/HRC/13/42, para. 42).
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Año
- 2014
Párrafo
Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 33
- Paragraph text
- The Special Rapporteur concludes that the clause "any territory under its jurisdiction" cannot be invoked to limit the applicability of the relevant obligations to territory under States parties' de jure control because such an interpretation would be contrary to the Convention's object and purpose, authoritative interpretations by the Committee, jurisprudence and common interpretations of the term "jurisdiction" under international law and would be in derogation of absolute norms of customary international law and of a jus cogens nature. States have international legal obligations to safeguard the rights of all individuals under their jurisdiction (A/HRC/25/60), even extraterritorially. The obligation to take preventive measures under articles 2 (1) and 16 (1) clearly encompasses action taken by States in their own jurisdictions to prevent torture or other ill-treatment extraterritorially.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2015
Párrafo
Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 39
- Paragraph text
- The European Court has consistently held that the absolute nature of the prohibition on torture and other ill-treatment implies a positive obligation not to send individuals to States where they face a real risk of prohibited treatment (Saadi v. Italy). A State's responsibility is engaged whenever its agents fail to take reasonable steps to avoid a risk of ill-treatment about which they knew or ought to have known at the time of transfer (Abu Zubaydah v. Poland). The Committee against Torture similarly has found that State decisions to expel or render individuals to places where they face a real risk of ill-treatment breaches the Convention (P. E. v. France).
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Movement
- Año
- 2015
Párrafo
Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 49
- Paragraph text
- The Committee against Torture confirmed this finding in Guengueng and others v. Senegal, finding that Senegal had an obligation under article 5 (2) to prosecute the former President of Chad on the basis of universal jurisdiction. The Committee found that Senegal had failed to meet its obligations under article 5 (2), rejecting the State's argument that Senegalese legislation did not provide for universal jurisdiction to prosecute presumed accomplices or perpetrators of torture "when these acts have been committed outside Senegal by foreigners". The Committee recalled that article 5 (2) obliged the State party "to adopt the necessary measures, including legislative measures, to establish its jurisdiction over the acts" in question. It further cited article 7, which put "the State party in the position of having to choose between (a) proceeding with extradition or (b) submitting the case to its own judicial authorities for the institution of criminal proceedings, the objective of the provision being to prevent any act of torture from going unpunished". The International Court of Justice, in Questions Relating to the Obligation to Prosecute or Extradite, similarly confirmed States' obligations under the Convention to either prosecute or extradite alleged perpetrators of torture to another State with jurisdiction for prosecution. The obligation to prosecute or extradite includes torture committed by non-State actors acting "in an official capacity", especially de facto regimes. In R. v. Zardad, the Central Criminal Court of England and Wales tried and convicted a member of Hezb-i-Islami in Afghanistan for conspiracy to commit torture.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- Persons on the move
- Año
- 2015
Párrafo
Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 30
- Paragraph text
- The Convention's drafters explain that the clause "any territory under its jurisdiction" in article 5 (1) suggests a factual situation whereby the obligation to establish criminal jurisdiction is not limited to a State's land territory or territorial sea and airspace, but also applies to territories under military or colonial occupation and any other territories over which a State has factual control. If, for example, torture is committed on an oil rig or other installation on the continental shelf of a State party, that State "should be required to have [criminal] jurisdiction over the offense". Under the same rationale, the obligation to establish criminal jurisdiction over acts of torture committed by State agents extends also to situations of military presence or operations in a foreign country, with the consent of the local State, which are not strictly speaking governed by the rules of military occupation.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- N.A.
- Año
- 2015
Párrafo
Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 35
- Paragraph text
- International and regional jurisprudence clearly indicates that, whenever a State exercises effective control over a territory, area, place or person outside its borders, it is required not only to abstain from unlawful acts but also to ensure a broader range of positive human rights obligations. States have positive obligations to protect individuals against infringement of their rights and preventive obligations to ensure that actors over whom they have jurisdiction, including extraterritorially, do not engage in or contribute to acts of torture. While clearly responsible for wrongful acts committed extraterritorially or having an extraterritorial effect, a State may also be responsible for "indirectly attributable extraterritorial wrongfulness" owing to a failure to fulfil its positive human rights obligations. In such scenarios the criterion of "effective control" may be taken into account to assess the standards of due diligence that a State is legally obliged to demonstrate in a given situation.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2015
Párrafo
Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 53
- Paragraph text
- Although the exclusionary rule is not expressly listed among the rules that apply both to torture and to other ill-treatment under article 16 of the Convention, it has repeatedly been made clear that statements and confessions obtained under all forms of ill-treatment must be excluded in legal proceedings. The exclusionary rule is applicable no matter where the torture or ill-treatment was perpetrated and even if the State seeking to rely on the evidence in question had no prior involvement in, or connection to, the acts of torture (CAT/C/CR/33/3). In addition, the exclusionary rule applies not only where the victim of torture or ill-treatment is the actual defendant, but also where statements by third parties allegedly obtained by torture are concerned (Committee against Torture, Ktiti v. Morocco). The application of this rule is not restricted to criminal proceedings but applies to all proceedings, including extradition proceedings.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
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- Año
- 2015
Párrafo
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 69
- Paragraph text
- Owing to their unique physiological and psychological needs, which render them particularly sensitive to deprivation and treatment that otherwise may not constitute torture, children are more vulnerable to ill-treatment and torture than adults. The detention of children, including pretrial and post-trial incarceration as well as institutionalisation and administrative immigration detention, is inextricably linked - in fact if not in law - with the ill-treatment of children, owing to the particularly vulnerable situation in which they have been placed that exposes them to numerous types of risk. Moreover, the response to address the key issues and causes is often insufficient.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personas afectadas
- Children
- Año
- 2015
Párrafo
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 81
- Paragraph text
- The Special Rapporteur recommends that States adopt child-friendly administrative and criminal court procedures and train police officers, border guards, detention staff, judges and others who may encounter children deprived of their liberty in child protection principles and a better understanding of the vulnerabilities of children to human rights violations, such as torture and other forms of ill-treatment. Special mention should be made of girls, who are particularly vulnerable, and to special groups of children, such as minorities, disabled children and migrants.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Personas afectadas
- Children
- Girls
- Persons on the move
- Persons with disabilities
- Año
- 2015
Párrafo
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 85j
- Paragraph text
- [With regard to the vulnerability of children deprived of their liberty and policy reform, the Special Rapporteur calls upon all States:] To establish clear guidelines for law enforcement agencies dealing with children; in particular, not to detain children in law enforcement establishments for more than 24 hours; to establish a formal obligation to notify a relative or caregiver about his or her detention regardless of whether the child requests that this be done, except if not in the bests interest of the child; to ensure access to a lawyer and a medical doctor; and never to subject children to police questioning without the presence of a lawyer and, in principle, his or her caregiver;
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- Children
- Año
- 2015
Párrafo
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 56
- Paragraph text
- One of the most egregious forms of abuse in health and social care settings is unique to children. Numerous studies have documented that a child's healthy development depends on the child's ability to form emotional attachments to a consistent care-giver. Children need more than physical sustenance; they also require emotional companionship and attention to flourish. Unfortunately, this fundamental need for connection is consistently not met in many institutions, leading to self-abuse, including children banging their head against walls or poking their eyes. In reaction, care-givers use physical restraints as a long-term solution, or hold the children in cages or their beds, practices that have been linked to muscular atrophy and skeletal deformity.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Harmful Practices
- Health
- Personas afectadas
- Children
- Año
- 2015
Párrafo
Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 64
- Paragraph text
- In addition, obligations imposed under international humanitarian law that are more protective than those under the Convention will be accommodated under its savings clauses (arts. 1 (2) and 16 (2)), including the application of the "overall control" test (Tadi?), rather than the "effective control" test espoused under human rights law, and the broader definition of torture wherein there is no public official requirement. Notably, prohibitions against torture found in international humanitarian law and international criminal law do not necessarily require a showing of State action, indicating that non-State actors can be responsible for torture.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- N.A.
- Año
- 2015
Párrafo
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 65
- Paragraph text
- Article 25 of the Convention on the Rights of the Child provides for the right of a child who has been placed by the competent authorities for the purposes of care, protection or treatment of his or her physical or mental health to a periodic review of the treatment provided to the child and all other circumstances relevant to his or her placement. In this context, the Special Rapporteur recalls that the possibility of release should be realistic and regularly considered (CRC/C/GC/10, para. 77). He also observes that, in practice, many States fail to apply these rights. Acts of torture and other cruel, inhuman or degrading treatment or punishment are more widespread than they appear owing to the greater vulnerability of children and their lack of capacity to articulate complaints and seek redress (see A/HRC/25/35, paras. 13-17).
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personas afectadas
- Children
- Año
- 2015
Párrafo
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 30
- Paragraph text
- The protocol must also acknowledge that the successful eradication of torture, ill-treatment and coercion may require greater concerted efforts in some States, especially in jurisdictions in which such practices are routine or systematic. In such cases, it should underline States' obligations to ensure the proper functioning of their criminal justice system, in particular by taking effective measures to combat corruption and by providing for adequate selection, training and remuneration of law enforcement and judicial personnel (see Human Rights Council resolution 31/31). Such steps are indispensable to bringing about positive changes in the institutional culture and the mindset of law enforcement and other officials.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- 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. 49
- Paragraph text
- The protocol must reiterate the precise aim of questioning, namely to obtain accurate and reliable information in order to discover the truth of all relevant facts about matters under investigation. The aim of interviews must not be to elicit confessions or other information reinforcing presumptions of guilt or other assumptions held by officers. Interviews are conducted to make the presumption of innocence operational. Officers generate and actively test alternative hypotheses through systematic preparation, empathetic rapport-building, open-ended questions, active listening, strategic probing and disclosure of potential evidence. Such interviews are far more effective and compliant with human rights.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- 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. 50
- Paragraph text
- Objectivity, impartiality and fairness are critical components of investigative interviews. They require officers to keep an open mind, even when the evidence against a person is strong. An objective, impartial and fair interviewing process will reduce the risks of resorting to confession-oriented techniques or coercion and of eliciting false admissions or faulty intelligence. In criminal investigations, a fair police process will form the preparatory basis for a fair trial. Officers must remain professional and not allow their prejudices, preconceptions or emotions to affect their performance during interviews.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- 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. 58
- Paragraph text
- States must further ensure that supervisors, judicial officers, prosecutors and medical personnel are also trained on international standards relating to the prohibition and prevention of torture, human rights-compliant interviewing techniques and the duties to report, effectively document and investigate allegations of torture and ill-treatment. Raising awareness among all personnel directly or indirectly involved in the questioning of persons is a necessary step towards changing law enforcement culture, especially in jurisdictions in which mistreatment is routine or systematic, and towards the effective implementation of the torture prohibition. It is also essential for law enforcement commanders and leaders to be made aware of the detrimental strategic impact that torture and ill-treatment have on the establishment and maintenance of their legitimacy within and relationships with communities.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2016
Párrafo
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 12
- Paragraph text
- The Special Rapporteur wishes to express his sincere acknowledgement of and gratitude for the outstanding work accomplished by his predecessors since the establishment of the mandate in 1985. Throughout his tenure, he intends to consolidate and build on their achievements, pursuant to Human Rights Council resolution 25/13 and in accordance with the Code of Conduct for Special Procedures Mandate-holders of the Human Rights Council and the Manual of Operations of the Special Procedures of the Human Rights Council. The Special Rapporteur acknowledges that the mandate is part of a wider system, and wishes to continue to work in close cooperation with the Committee against Torture, the Subcommittee on Prevention of Torture, the United Nations Voluntary Fund for Victims of Torture and other special procedure mandate holders as well as with regional anti-torture mechanisms, States and civil society actors. He intends to ensure that the synergies between the guardians of the protection against torture are not only preserved but, if possible, developed even further.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 18
- Paragraph text
- The absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment is a core principle of international law. The legal framework around this subject matter is one of the most developed in international human rights law, and the particular atrocity of torture is reflected in the distinct position its prohibition takes in international law. Acts of torture and other ill-treatment are not only prohibited as a matter of universal and regional treaty law, but the prohibition is also a norm of customary international law and is considered to have the rare status of a peremptory norm of international law (jus cogens).
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 46
- Paragraph text
- The Special Rapporteur expresses serious concern about the practice of holding terrorism suspects in solitary confinement or other forms of isolation in order to break their resistance to questioning. The imposition of solitary confinement of any duration for the purpose of pressuring persons to confess, provide information or admit guilt violates the prohibition of torture (see A/66/268). Practices such as the "separation" technique described in appendix M to the United States Army field manual on human intelligence collector operations, whereby detainees are isolated and prevented from communicating with anyone except medical, detention and intelligence personnel, in an attempt to decrease their resistance to questioning, are coercive tactics and violate international law.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Personas afectadas
- Persons on the move
- Año
- 2016
Párrafo
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 7
- Paragraph text
- According to the principle of legality, any use of force by State agents must pursue a lawful purpose and must be based on and regulated by national law. Lawful purposes typically include effecting the arrest or preventing the escape of a person suspected of having committed a crime, self-defence or defence of others against an unlawful threat of death or serious injury, or dispersing violent assemblies. A further parameter of legality is the equal treatment of all persons before the law in accordance with the principle of non-discrimination (see A/HRC/26/36, para. 74, and A/HRC/31/66, para. 15). States must provide express authority for the use of force in their national law and must regulate the matter in line with their obligations under international law.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2017
Párrafo
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 10
- Paragraph text
- While the principle of necessity requires a factual assessment of the least harmful means that can be expected to achieve the desired purpose, the principle of proportionality involves an additional and separate value judgment as to whether the harm expected to result from the use of force can be justified in the light of the benefit of the desired purpose. Even if force is necessary for the achievement of that purpose, it can only be permissible if the resulting harm remains proportionate compared to the seriousness of the offence and the importance of the desired purpose. Thus, irrespective of considerations of necessity, the requirement of proportionality defines an absolute upper limit for the force that might be permissible to achieve a specific lawful purpose (A/HRC/26/36, para. 66). The “harm” to be weighed in the proportionality assessment does not necessarily have to be of physical nature, but can also involve mental suffering and emotions of humiliation and distress.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Personas afectadas
- All
- Año
- 2017
Párrafo
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 16
- Paragraph text
- It should be noted that the above-mentioned principles govern the use of force, not only in extra-custodial settings, but also where riots, unrest or other violent incidents occur within places of detention. Depending on the circumstances, they may also be relevant in determining the permissibility of invasive health and security procedures, such as the taking of bodily samples or a strip search. In their relations with persons deprived of their liberty, law enforcement officials may not use force, except when strictly necessary for the maintenance of security and order within the institution or when personal safety is threatened, and they may not use firearms, except in self-defence or in the defence of others against the immediate threat of death or serious injury or when strictly necessary to prevent the escape of an inmate presenting a threat of death or serious injury.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Violence
- Año
- 2017
Párrafo
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 38
- Paragraph text
- The Committee against Torture has repeatedly held that police brutality and excessive use of force outside the context of detention can fall within its purview (for example, A/50/44, para. 126, CAT/C/VEN/CO/3-4, para. 12, CAT/C/TUR/CO/4, para. 15, and CAT/C/KOR/CO/3-5, para. 13). In V.L. v. Switzerland, a case involving multiple rapes, the Committee noted that “the complainant was clearly under the physical control of the police even though the acts concerned were perpetrated outside formal detention facilities” (CAT/C/37/D/262/2005, annex, para. 8.10). It found that State agents had inflicted severe pain and suffering on her, for purposes such as interrogation, intimidation, punishment, humiliation and discrimination based on gender, and concluded that “the sexual abuse by the police in this case constitutes torture even though it was perpetrated outside formal detention facilities” (ibid.).
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Personas afectadas
- All
- Año
- 2017
Párrafo
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 43
- Paragraph text
- In Rizvanov v. Azerbaijan, the Court held that “when a person is confronted by the police or other agent of the State, recourse to physical force which has not been made strictly necessary by the person’s own conduct diminishes human dignity and is in principle an infringement of the right set forth in Article 3 of the Convention”. It is not entirely clear how this approach would apply to the use of force that, while being necessary and proportionate for a lawful purpose, might inflict incidental harm on innocent bystanders. In cases in which innocent bystanders had been harmed by force that was otherwise deemed necessary and proportionate in the circumstances, the Court does not appear to have contemplated a qualification as cruel, inhuman or degrading treatment or punishment.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2017
Párrafo
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 33
- Paragraph text
- In sum, in the view of the Special Rapporteur, while the notion of cruel, inhuman or degrading treatment or punishment includes essentially any unlawful infliction of pain and suffering by State agents, the aggravated threshold of torture is always reached when, additionally, severe pain or suffering is intentionally and purposefully inflicted on a powerless person. Depending on the applicable treaty definition and its contemporary interpretation by the relevant bodies, either the aggravated threshold of torture may not require that the inflicted pain and suffering be “severe”, or the interpretation of the requirement of severity may have evolved to significantly lower the relevant threshold.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2017
Párrafo
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 29
- Paragraph text
- Third, while the notion of cruel, inhuman or degrading treatment or punishment may include a wide range of actions amounting to unlawful infliction of pain or suffering, the aggravated threshold of torture requires a number of additional criteria that may vary slightly depending on the applicable treaty definition and its interpretation by the relevant oversight bodies. Thus, according to the Inter-American Court of Human Rights, “an act constitutes torture when the ill-treatment: (a) is intentional; (b) causes severe physical or mental suffering, and (c) is committed with a specific purpose or objective”. Similarly, the African Commission on Human and Peoples’ Rights has interpreted torture as “the intentional and systematic infliction of physical or psychological pain and suffering in order to punish, intimidate or gather information” and usefully pointed out that torture could be carried out by “State or non-State actors at the time of exercising control over such person or persons”. According to the European Court of Human Rights, torture, as opposed to other inhuman and degrading treatment, involves “deliberate inhuman treatment causing very serious and cruel suffering”. Both the European Court and the African Commission have used article 1 of the Convention against Torture as a reference point for defining torture for the purposes of the European Convention on Human Rights and the African Charter on Human and Peoples’ Rights, whereas inter-American bodies have tended to refer to the Inter-American Convention to Prevent and Punish Torture.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personas afectadas
- All
- Año
- 2017
Párrafo
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 58
- Paragraph text
- States must take effective legislative, administrative, judicial or other measures to prevent acts of torture and other cruel, inhuman or degrading treatment or punishment from occurring within their jurisdiction. In the present context, this means that States must regulate the extra-custodial use of force and establish other adequate mechanisms to ensure that State agents are trained, equipped and instructed so as to prevent torture and other cruel, inhuman or degrading treatment or punishment in law enforcement operations.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2017
Párrafo
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 69
- Paragraph text
- Access to counsel must be provided immediately after the moment of deprivation of liberty and unequivocally before any questioning by authorities. Counsel must be present for all interviews, and for their entirety (see A/68/295). This right applies to, among others, detention on criminal charges, prisoners of war, criminal detention relating to armed conflict, detention of individuals considered to be civilian internees under international humanitarian law and administrative detention outside of armed conflict (see WGAD/CRP.1/2015).
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- 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. 66
- Paragraph text
- Information should be provided to interviewees in a manner that is sensitive to age, gender and culture and corresponds to the needs of vulnerable persons, and in a language, means, mode and format accessible to and understood by them. Means of verification and documentation that this information was provided must be established, whether by way of printed record, audiotape, videotape or witness accounts (see WGAD/CRP.1/2015).
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Personas afectadas
- All
- Año
- 2016
Párrafo
Impunity as a root cause of the prevalence of torture 2010, para. 45
- Paragraph text
- With regard to the first element of the definition (causing severe pain or suffering, whether physical or mental), both Georgia and Togo limit their definitions to physical pain. The legislation of Jordan only partly covers the aspect of mental pain or suffering. The definition in Paraguay makes torture very difficult to prove, as it requires the intent to destroy or seriously damage the personality of the victim, hence excluding many acts that would be considered as torture under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personas afectadas
- N.A.
- Año
- 2010
Párrafo
Solitary confinement 2011, para. 56
- Paragraph text
- According to the European Court of Human Rights, States should also take steps to reduce the negative impact of solitary confinement. Where the damaging effects of solitary confinement on a particular individual are known, the regime cannot continue. The conditions of confinement are relevant in this respect, because where conditions are beyond reproach, the Court considers it unlikely that the minimum threshold of severity to find a violation of article 3 will be reached. Routine examination by doctors can be a factor in determining that there was no violation of article 3.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Health
- Año
- 2011
Párrafo
Impunity as a root cause of the prevalence of torture 2010, para. 43
- Paragraph text
- However, the reality is quite different. For the general prohibition of torture to become effective, national criminal legislation should incorporate such a prohibition and make torture a punishable offence. The Special Rapporteur found instances, including in Denmark, Nigeria and Jamaica, where torture is not explicitly defined in domestic criminal law. In Nepal, for example, torture is not a criminal offence and in Indonesia, although it is defined in its Human Rights Law, there are no provisions concerning torture in the criminal legislation.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2010
Párrafo
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. 31
- Paragraph text
- Patients in health-care settings are reliant on health-care workers who provide them services. As the previous Special Rapporteur stated: "Torture, as the most serious violation of the human right to personal integrity and dignity, presupposes a situation of powerlessness, whereby the victim is under the total control of another person." Deprivation of legal capacity, when a person's exercise of decision-making is taken away and given to others, is one such circumstance, along with deprivation of liberty in prisons or other places (A/63/175, para. 50).
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personas afectadas
- All
- Año
- 2013
Párrafo
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. 49
- Paragraph text
- For many rape survivors, access to a safe abortion procedure is made virtually impossible by a maze of administrative hurdles, and by official negligence and obstruction. In the landmark decision of K.N.L.H. v. Peru, the Human Rights Committee deemed the denial of a therapeutic abortion a violation of the individual's right to be free from ill-treatment. In the case of P. and S. v. Poland, ECHR stated that "the general stigma attached to abortion and to sexual violence …, caus[ed] much distress and suffering, both physically and mentally".
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Health
- Violence
- Año
- 2013
Párrafo
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 54
- Paragraph text
- The Special Rapporteur's predecessor demonstrated the evolving standard regarding the prohibition of corporal punishment, asking whether, if even comparatively lenient forms of corporal punishment, such as 10 strokes on the buttocks, were absolutely prohibited under international human rights law, methods such as hanging, the electric chair, execution by firing squad and other forms of capital punishment could ever be justified under the very same provisions (A/HRC/10/44 and Corr.1, para. 38).
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2012
Párrafo
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. 24
- Paragraph text
- Indeed, the State's obligation to prevent torture applies not only to public officials, such as law enforcement agents, but also to doctors, health-care professionals and social workers, including those working in private hospitals, other institutions and detention centres (A/63/175, para. 51). As underlined by the Committee against Torture, the prohibition of torture must be enforced in all types of institutions and States must exercise due diligence to prevent, investigate, prosecute and punish violations by non-State officials or private actors.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Health
- Personas afectadas
- All
- Año
- 2013
Párrafo
Review of the standard minimum rules for the treatment of prisoners 2013, para. 69
- Paragraph text
- In a 2008 report that focused on the situation of persons with disabilities in detention, the Special Rapporteur noted that the lack of reasonable accommodation may increase the risk of exposure to neglect, violence, abuse and ill-treatment and that if such discriminatory treatment inflicts severe pain or suffering, it may constitute torture or other form of ill-treatment (see A/63/175, paras. 38 and 53). Reasonable accommodation in the context of prisons and detention centres should be considered a prerequisite for humane treatment.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- Persons with disabilities
- Año
- 2013
Párrafo
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. 20
- Paragraph text
- The mandate has stated previously that intent, required in article 1 of the Convention, can be effectively implied where a person has been discriminated against on the basis of disability. This is particularly relevant in the context of medical treatment, where serious violations and discrimination against persons with disabilities may be defended as "well intended" on the part of health-care professionals. Purely negligent conduct lacks the intent required under article 1, but may constitute ill-treatment if it leads to severe pain and suffering (A/63/175, para. 49).
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- Persons with disabilities
- Año
- 2013
Párrafo
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. 65
- Paragraph text
- Millions of people with disabilities are stripped of their legal capacity worldwide, due to stigma and discrimination, through judicial declaration of incompetency or merely by a doctor's decision that the person "lacks capacity" to make a decision. Deprived of legal capacity, people are assigned a guardian or other substitute decision maker, whose consent will be deemed sufficient to justify forced treatment (E/CN.4/2005/51, para. 79).
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Personas afectadas
- Persons with disabilities
- Año
- 2013
Párrafo
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. 6a
- Paragraph text
- [The Special Rapporteur calls upon all States to:] Enforce the prohibition of torture in all health-care institutions, both public and private, by, inter alia, declaring that abuses committed in the context of health-care can amount to torture or cruel, inhuman or degrading treatment or punishment; regulating health-care practices with a view to preventing mistreatment under any pretext; and integrating the provisions of prevention of torture and ill-treatment into health-care policies;
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personas afectadas
- All
- Año
- 2013
Párrafo
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. 6c
- Paragraph text
- [The Special Rapporteur calls upon all States to:] Conduct prompt, impartial and thorough investigations into all allegations of torture and ill-treatment in health-care settings; where the evidence warrants it, prosecute and take action against perpetrators; and provide victims with effective remedy and redress, including measures of reparation, satisfaction and guarantees of non-repetition as well as restitution, compensation and rehabilitation;
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Health
- Personas afectadas
- All
- Año
- 2013
Párrafo
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. 9
- Paragraph text
- The Special Rapporteur calls upon all States to repeal any law allowing intrusive and irreversible treatments, including forced genital-normalizing surgery, involuntary sterilization, unethical experimentation, medical display, "reparative therapies" or "conversion therapies", when enforced or administered without the free and informed consent of the person concerned. He also calls upon them to outlaw forced or coerced sterilization in all circumstances and provide special protection to individuals belonging to marginalized groups.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Harmful Practices
- Health
- Personas afectadas
- All
- Año
- 2013
Párrafo
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 28
- Paragraph text
- There is a presumption of ill-treatment in detention if an individual's injuries were not present at the time of arrest. The European Court has stated in this regard that "[w]here an individual, when taken in police custody, is in good health, but is found to be injured at the time of release, it is incumbent on the State to provide a plausible explanation of how those injuries were caused, failing which a clear issue arises under article 3 of the European Convention". Therefore, rules of evidence should reflect the difficulties of substantiating allegations of ill-treatment in custody.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Health
- Personas afectadas
- All
- Año
- 2014
Párrafo
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. 68
- Paragraph text
- Involuntary commitment to psychiatric institutions has been well documented. There are well-documented examples of people living their whole lives in such psychiatric or social care institutions. The Committee on the Rights of Persons with Disabilities has been very explicit in calling for the prohibition of disability-based detention, i.e. civil commitment and compulsory institutionalization or confinement based on disability. It establishes that community living, with support, is no longer a favourable policy development but an internationally recognized right. The Convention radically departs from this approach by forbidding deprivation of liberty based on the existence of any disability, including mental or intellectual, as discriminatory. Article 14, paragraph 1 (b), of the Convention unambiguously states that "the existence of a disability shall in no case justify a deprivation of liberty". Legislation authorizing the institutionalization of persons with disabilities on the grounds of their disability without their free and informed consent must be abolished. This must include the repeal of provisions authorizing institutionalization of persons with disabilities for their care and treatment without their free and informed consent, as well as provisions authorizing the preventive detention of persons with disabilities on grounds such as the likelihood of them posing a danger to themselves or others, in all cases in which such grounds of care, treatment and public security are linked in legislation to an apparent or diagnosed mental illness (A/HRC/10/48, paras. 48, 49).
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- Persons with disabilities
- Año
- 2013
Párrafo
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. 6f
- Paragraph text
- [The Special Rapporteur calls upon all States to:] Ensure special protection of minority and marginalized groups and individuals as a critical component of the obligation to prevent torture and ill-treatment by, inter alia, investing in and offering marginalized individuals a wide range of voluntary supports that enable them to exercise their legal capacity and that fully respect their individual autonomy, will and preferences.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- Ethnic minorities
- Año
- 2013
Párrafo
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. 10c
- Paragraph text
- [The Special Rapporteur calls upon all States to:] Replace forced treatment and commitment by services in the community. Such services must meet needs expressed by persons with disabilities and respect the autonomy, choices, dignity and privacy of the person concerned, with an emphasis on alternatives to the medical model of mental health, including peer support, awareness-raising and training of mental health-care and law enforcement personnel and others;
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- Persons with disabilities
- Año
- 2013
Párrafo
The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 70
- Paragraph text
- The Special Rapporteur observes that in practice, the transition from an executive operation to a quasi-judicial or judicial one is often seamless and that operational intelligence is often relied on in the legal proceedings that follow. By utilizing tainted information originally obtained for intelligence and policing purposes the courts tacitly endorse and condone the torture or ill-treatment itself, contradicting the very essence of the exclusionary rule.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- N.A.
- Año
- 2014
Párrafo
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 41
- Paragraph text
- The Special Rapporteur notes that Governments often argue that a high standard of forensic evidence is out of the reach of States with limited resources. The Special Rapporteur agrees that good forensics are resource-intensive, but that does not justify not investing at all resource-poor States or areas. As already noted, many symptoms attributable to torture or other ill-treatment are not physical. In those cases, psychological assessment displaces medical evaluation as the main source of information. Psychological detection requires adequate training and time but much less investment in infrastructure than medical forensics. In countries where there is widespread physical torture, diagnosis can rely on a careful clinical examination with special emphasis on dermatology and rheumatology, as well as traumatology, aspects. This is conducted by interviewing, observing and touching a victim without further technical assistance. The Special Rapporteur finds that if there is a need for complementary tests, photographic documentation of the injuries at different stages, as well as X-ray analysis of wounded areas, will cover documentation of the majority of cases. Blood analysis, especially for the detection of creatine phosphokinase (CPK), an enzyme expressed by various tissues and cell types that signals the destruction of muscle cells, is a good indicator of physical torture in the period ranging from 24 to 120 hours immediately after it takes place. The Special Rapporteur notes that those scientific tests are available in almost all countries and are not expensive.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Health
- Humanitarian
- Personas afectadas
- All
- Año
- 2014
Párrafo
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. 45
- Paragraph text
- The Special Rapporteur has, on numerous occasions, responded to various initiatives in the area of gender mainstreaming and combating violence against women, by, inter alia, examining gender-specific forms of torture with a view to ensure that the torture protection framework is applied in a gender-inclusive manner. The Special Rapporteur seeks to complement these efforts by identifying the reproductive rights practices in health-care settings that he believes amount 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
- Temas
- Gender
- Health
- Violence
- Personas afectadas
- Women
- Año
- 2013
Párrafo
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 66
- Paragraph text
- A growing concern at the irreconcilable conflict between the legally imposed death penalty and the infliction of torture or cruel, inhuman or degrading treatment or punishment is evident even where some organs of protection have hesitated to pronounce accordingly. In the case Ng v. Canada (1993) of the Human Rights Committee, dissenting opinions show resounding disapproval of the majority's attempt to make a distinction among various methods of execution, because the death penalty as such constitutes cruel, inhuman and degrading treatment, regardless of how it is carried out.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2012
Párrafo
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 74
- Paragraph text
- In this context, the Special Rapporteur recalls that the death penalty for children amounts to a violation of the prohibition of torture and other ill-treatment. Other punishments considered grossly disproportionate also amount to cruel, inhuman or degrading treatment or punishment. Life imprisonment and lengthy sentences, such as consecutive sentencing, are grossly disproportionate and therefore cruel, inhuman or degrading when imposed on a child. Life sentences or sentences of an extreme length have a disproportionate impact on children and cause physical and psychological harm that amounts to cruel, inhuman or degrading punishment. Similarly, the Special Rapporteur finds that mandatory sentences for children are similarly incompatible with the State's obligation regarding children in conflict with the law and the prohibition of cruel, inhuman or degrading punishment. Mandatory minimum sentences may result in disproportionate punishments that are often overly retributive in relation to the crimes committed, particularly in relation to the child's individual circumstances and the opportunity for rehabilitation. In the light of the unique vulnerability of children, including the risk of torture or ill-treatment in detention and States' obligation of due diligence to afford children heightened measures of protection against torture and other forms of ill-treatment, children must be subject to sentences that promote rehabilitation and re-entry into society.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- Children
- Año
- 2015
Párrafo
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 20
- Paragraph text
- Other legal instruments applicable to children include the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (Riyadh Guidelines), the United Nations Rules for the Protection of Juveniles Deprived of their Liberty (Havana Rules), the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (Bangkok Rules) and the Standard Minimum Rules for the Treatment of Prisoners.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- Children
- Women
- Año
- 2015
Párrafo
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 5
- Paragraph text
- Law enforcement officials and other investigative bodies, including intelligence and military services, play a vital role in serving communities, preventing crime and protecting human rights. In performing their duties, they are obliged to respect and protect the inherent dignity and physical and mental integrity of all persons under questioning, including suspects, witnesses and victims (see Human Rights Council resolution 31/31).
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- 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. 22
- Paragraph text
- Political decisions to resort to torture or ill-treatment and the failure to prevent its use jeopardize States' international cooperation and harm their reputations, moral authority and legacies. Ultimately, torture only breeds more crime by fuelling hatred and a desire for vengeance against the perpetrators. Its use in Northern Ireland in the 1970s and during the so-called "war on terror" has served as a recruiting tool for the groups against which it was perpetrated.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Violence
- 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. 39
- Paragraph text
- Accusatorial models of questioning tend to be confession driven and characterized by a de facto presumption of guilt and the use of confrontation and psychological manipulation. Common manipulative techniques are coercive in nature and likely to impair the free will, judgment and memory of interviewees. Threats, inducements, misleading practices, protracted or suggestive questioning and the use of drugs or hypnosis are examples of problematic practices. Demeaning or condescending comments or accusations based on individual qualities or cultural identities are also of concern.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Harmful Practices
- Personas afectadas
- All
- Año
- 2016
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 70y
- Paragraph text
- [With regard to women, girls, and lesbian, gay, bisexual and transgender persons in detention, the Special Rapporteur calls on all States to:] Ensure that all places of detention are subjected to effective oversight and inspection and unannounced visits by independent bodies established in conformity with the Optional Protocol to the Convention against Torture, as well as by civil society monitors; and ensure the inclusion of women and lesbian, gay, bisexual and transgender persons and other minority representation on monitoring bodies;
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personas afectadas
- Girls
- LGBTQI+
- Women
- Año
- 2016
Párrafo
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. 28
- Paragraph text
- The Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health observed that informed consent is not mere acceptance of a medical intervention, but a voluntary and sufficiently informed decision. Guaranteeing informed consent is a fundamental feature of respecting an individual's autonomy, self-determination and human dignity in an appropriate continuum of voluntary health-care services (A/64/272, para. 18).
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- All
- Año
- 2013
Párrafo
Commissions of inquiry 2012, para. 50
- Paragraph text
- The Human Rights Committee, in its general comment No. 31, noted that, in addition to the State establishing appropriate judicial mechanisms, administrative mechanisms were particularly required to give effect to the general obligation to investigate allegations of violations promptly, thoroughly and effectively through impartial bodies. Failure by a State party to investigate allegations of violations could in and of itself give rise to a separate breach of the Covenant.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2012
Párrafo
Review of the standard minimum rules for the treatment of prisoners 2013, para. 76
- Paragraph text
- During country visits, the Special Rapporteur has often criticized the lack of internal complaints bodies sufficiently detached from the authority alleged to have perpetrated the ill-treatment to be deemed impartial. In many States, these mechanisms lack independence and effectiveness. Complaints submitted by detainees are often dismissed as fabricated for the purpose of evading justice or as lacking credibility.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- Persons on the move
- Año
- 2013
Párrafo
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. 44
- Paragraph text
- Notwithstanding the commitment to scale-up methadone treatment and evidence-based treatment as opposed to punitive approaches, those remanded to compulsory treatment in the punitive drug-free centres continue to exceed, exponentially, the number receiving evidence-based treatment for drug dependence.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Health
- Personas afectadas
- N.A.
- Año
- 2013
Párrafo
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 33
- Paragraph text
- When medical examinations are legally permitted by investigators, prosecutors or penitentiary authorities, these authorities have ample opportunity to delay action so that any injuries have healed by the time such an examination is conducted. During country visits the Special Rapporteur observed that the practice of judges or prosecutors promptly ordering a medical examination on their own initiative or in response to indications of abuse is rare.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Health
- Violence
- Personas afectadas
- N.A.
- Año
- 2014
Párrafo
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 38
- Paragraph text
- With regard to life imprisonment of children, the Human Rights Council, in its resolution 24/12, and the Committee on the Rights of the Child, in its general comment No. 10, urged States to ensure that no one is sentenced to life imprisonment for an offence committed by persons under 18 years of age.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- Children
- Año
- 2015
Párrafo
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 18
- Paragraph text
- For the above reasons, the Special Rapporteur has chosen to dedicate his thematic report to the unique forms of protection due to children deprived of their liberty and the particular obligations of States with regard to preventing and eliminating torture and ill-treatment of children in the context of deprivation of liberty.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- Children
- Año
- 2015
Párrafo
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 52
- Paragraph text
- Private detention is often presented as a preferable alternative to forced criminal or health-related institutionalization of children with special needs, whether those needs be physical, mental or psychological. The Special Rapporteur notes that, because national law often does not regulate private detention centres, there is a gap in legal protections that may lead to rampant abuse.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Health
- Violence
- Personas afectadas
- Children
- Año
- 2015
Párrafo
Solitary confinement 2011, para. 42
- Paragraph text
- Solitary confinement is also used to separate vulnerable individuals, including juveniles, persons with disabilities, and lesbian, gay, bisexual and transgender persons, for their own protection. They may be placed in solitary confinement at their own request or at the discretion of prison officials.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Personas afectadas
- LGBTQI+
- Persons with disabilities
- Año
- 2011
Párrafo
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 8
- Paragraph text
- The principle of necessity requires that any use of force by State agents must be restricted to the least harmful means that can reasonably be expected to achieve the purpose pursued. Thus, law enforcement officials must apply non-violent means whenever possible and may use force only when, and only to the extent, strictly necessary to achieve a lawful purpose.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2017
Párrafo
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 52
- Paragraph text
- Weapons that might not be inherently cruel, inhuman or degrading may nonetheless carry significant risks of being used in a manner contrary to the prohibition of torture and cruel, inhuman or degrading treatment or punishment, thus placing particular emphasis on the requirement of precautions.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2017
Párrafo
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 69
- Paragraph text
- The Special Rapporteur supports and reiterates the joint recommendation made by the Special Rapporteur on the rights to freedom of peaceful assembly and of association and the Special Rapporteur on extrajudicial, summary or arbitrary executions that the United Nations High Commissioner for Human Rights convene an expert group to examine the application of the international human rights framework to “less lethal” weapons and unmanned systems for law enforcement purposes, including with a focus on their use in the context of assemblies.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 70d
- Paragraph text
- [With regard to women, girls, and lesbian, gay, bisexual and transgender persons in detention, the Special Rapporteur calls on all States to:] Review laws, criminal procedures and judicial practices to ensure that they take full account of women's backgrounds, including histories of prior abuse, mental health problems and substance abuse, and parental and other caretaker responsibilities in the allocation of sentences and sentence planning;
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Health
- Personas afectadas
- Girls
- LGBTQI+
- Women
- Año
- 2016
Párrafo
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 79
- Paragraph text
- The Special Rapporteur calls upon all States to reconsider whether the use of the death penalty per se respects the inherent dignity of the human person, causes severe mental and physical pain or suffering and constitutes a violation of the prohibition of torture or cruel, inhuman or degrading treatment. He recommends a more comprehensive legal study on the emergence of a customary norm prohibiting the use of the death penalty under all circumstances.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2012
Párrafo
The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 83i
- Paragraph text
- [Regarding the use by executive actors of information tainted by torture, all States should:] Ensure that assurances from other States that torture or other ill-treatment was not involved in producing information are not regarded as sufficient, in order to avoid complicity or permit cooperation where a real risk of torture or other cruel, inhuman or degrading treatment or punishment is identified;
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2014
Párrafo
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 86f
- Paragraph text
- [With regard to conditions during detention, the Special Rapporteur calls upon all States:] To use restraints or force only when the child poses an imminent threat of injury to himself or herself or others, only for a limited period of time and only when all other means of control have been exhausted, and not to perform strip searches without reasonable suspicion;
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Personas afectadas
- Children
- Año
- 2015
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 70x
- Paragraph text
- [With regard to women, girls, and lesbian, gay, bisexual and transgender persons in detention, the Special Rapporteur calls on all States to:] Monitor and supervise all places of detention in a gender-sensitive manner and ensure that allegations of abuse are effectively investigated and perpetrators brought to justice; and ensure the availability of adequate, speedy and confidential complaint mechanisms in all places of detention;
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personas afectadas
- Girls
- LGBTQI+
- Women
- Año
- 2016
Párrafo
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 65b
- Paragraph text
- [In particular, as far as the extra-custodial use of force is concerned, States should ensure that their laws and regulations, including rules of engagement and similar instruments guiding and constraining the use of force in operational practice:] Absolutely prohibit and prevent the development, production, trade and use of weapons and other means of deploying force that are inherently cruel, inhuman or degrading;
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- All
- Año
- 2017
Párrafo
Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 51
- Paragraph text
- The Special Rapporteur regrets evidence that States have employed restrictive doctrines, such as State secrets and political questions doctrines, in both territorial and extraterritorial contexts, in an effort to obstruct prosecution and evade responsibility (El-Masri v. The United States), and reminds States that competent courts in States parties to the Convention are obligated to exercise jurisdiction over acts of torture and ill-treatment, irrespective of the locus where wrongfulness took place. This obligation should also encompass situations wherein a State may be held responsible for its failure to pre-empt or remedy illicit conduct not directly attributable to it, such as when it failed to meet its due diligence obligations to prevent and protect persons from grave violations of human rights. The Supreme Court of the Netherlands recognized in the Dutch battalion case that the State was responsible for the deaths of three men at Srebrenica, Bosnia and Herzegovina, by failing to shield the victims when they sought refuge in a Dutch compound over which the State exercised "effective control" - defined as "factual control over specific conduct" - under article 8 of the draft articles on the responsibility of States for internationally wrongful acts. The Special Rapporteur welcomes the indication that States are not simply required to abstain from causing prohibited acts but are obligated, to the extent possible, to fight wrongfulness, including through investigation and prosecution of torture.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Año
- 2015
Párrafo
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 38
- Paragraph text
- In situations of armed conflict, the use of torture or any other form of coercion against prisoners of war to extract any type of information from them is strictly prohibited. Those who refuse to provide information cannot "be threatened, insulted or exposed to unpleasant or disadvantageous treatment of any kind" (Geneva Convention relative to the Treatment of Prisoners of War, art. 17). Physical or moral coercion against protected persons for any purpose, in particular to extract information from them or from third parties, is also forbidden (Geneva Convention relative to the Protection of Civilian Persons in Time of War, art. 31). In situations in which persons face criminal prosecutions, the Geneva Conventions and Additional Protocols I and II thereto also provide for the right not to be compelled to testify against themselves or to confess guilt, both during international and non international armed conflicts (Geneva Convention relative to the Treatment of Prisoners of War, art. 99; Protocol I, art. 75; and Protocol II, art. 6). This must also be understood as the absence of any moral or physical coercion in order to induce them to confess. In situations other than the aforementioned, the prohibition of coercion during questioning should apply as a matter of policy, irrespective of the international or non-international character of the conflict and of the status of the person questioned.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- All
- Año
- 2016
Párrafo
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 29
- Paragraph text
- Even if considered legal under international law, the actual practice of the death penalty is not left to the unfettered discretion of the State but must itself comply with the other requirements of the Covenant, notably the prohibition of cruel, inhuman or degrading treatment, set out in article 7. In practice, executions today often violate the absolute prohibition, either because of the death row phenomenon or because the method applied involves unnecessary suffering and indignity.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2012
Párrafo
Commissions of inquiry 2012, para. 29
- Paragraph text
- For some victims and others, the importance of public truth-telling is not only that it reveals new information, but also provides a forum that officially acknowledges facts already known. Scholars in the field of transitional justice have emphasized that the importance of official acknowledgement of the facts is proportional to the extent to which the facts were previously hidden or disputed; the more facts are hidden or disputed, the greater the importance and significance of a correct and more complete official statement of the historical record.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Personas afectadas
- All
- Año
- 2012
Párrafo
The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 27
- Paragraph text
- Some States have deemed evidence obtained in a third State as a result of torture or ill-treatment admissible, as long as this evidence had been extracted without the complicity of the authorities. However, the exclusionary rule applies no matter where in the world the torture was perpetrated and even if the State seeking to rely on the information had no previous involvement in or connection to the acts of torture (CAT/C/CR/33/3, para. 4).
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2014
Párrafo
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.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Personas afectadas
- All
- Año
- 2016
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 36
- Paragraph text
- Humiliating and invasive body searches may constitute torture or ill-treatment, particularly for transgender detainees. In States where homosexuality is criminalized, men suspected of same-sex conduct are subject to non-consensual anal examinations intended to obtain physical evidence of homosexuality, a practice that is medically worthless and amounts to torture or ill-treatment (CAT/C/CR/29/4).
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- 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. 63
- Paragraph text
- A forced marriage occurs without the full and free consent of at least one of the parties or where at least one party is unable to end or leave the marriage, including as a result of duress or intense social or family pressure. Child marriages involve at least one party under 18 years of age. Seven hundred million women alive today were married before the age of 18, and 250 million before the age of 15. These harmful practices occur in every region in the world, are strongly linked to violence against women and inflict long-term physical and psychological harm on victims. They can legitimize sexual abuse and exploitation; trap women in situations characterized by domestic violence and servitude, marital rape and life-threatening early pregnancies; and affect the victim's capacity to realize the full range of her human rights. (CEDAW/C/MNE/CO/1, CRC/C/MRT/CO/2, A/HRC/26/38/Add.3). Child marriage constitutes torture or ill-treatment (CAT/C/ETH/CO/1), particularly where Governments fail to establish a minimum age for marriage that complies with international standards or allow child marriage despite the existence of laws setting the age of majority at 18 (CAT/C/YEM/CO/2/Rev.1, CCPR/C/BGR/CO/3), to criminalize forced marriage and to investigate, prosecute and punish perpetrators.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Harmful Practices
- Violence
- Personas afectadas
- Children
- Women
- Año
- 2016
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 70m
- Paragraph text
- [With regard to women, girls, and lesbian, gay, bisexual and transgender persons in detention, the Special Rapporteur calls on all States to:] Prohibit forced and coerced pregnancy tests and obtain full, free and informed consent for such tests, and prohibit virginity testing under all circumstances;
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Health
- Personas afectadas
- Girls
- LGBTQI+
- Women
- Año
- 2016
Párrafo
Impunity as a root cause of the prevalence of torture 2010, para. 42
- Paragraph text
- Of all the countries visited by the Special Rapporteur, only Jamaica and Papua New Guinea have not ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The other 15 countries have ratified the Convention and accepted the obligations contained therein, including those of making torture an offence under criminal law and establishing appropriate penalties for perpetrators.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Año
- 2010
Párrafo
Impunity as a root cause of the prevalence of torture 2010, para. 60
- Paragraph text
- In addition, one of the practices observed by the Special Rapporteur was that in some countries, such as Sri Lanka, reparations are used as a substitute for prosecution. That is, if the victim received compensation or another form of reparation, the case was closed and no further criminal proceedings were pursued. Although, in many instances, victims may be in need of money to pay for medical treatment or legal fees, compensation should not be used as a substitute for prosecution.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Health
- Personas afectadas
- N.A.
- Año
- 2010
Párrafo
Solitary confinement 2011, para. 30
- Paragraph text
- The Human Rights Committee, in paragraph 6 of its General Comment No. 20, noted that prolonged solitary confinement of the detained or imprisoned person might amount to acts prohibited by article 7 of the International Covenant on Civil and Political Rights. In its concluding observations on Rwanda, the Human Rights Committee recommended that "The State party should put an end to the sentence of solitary confinement ..." (CCPR/C/RWA/CO/3, para. 14).
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2011
Párrafo
Overview of main observations of five years fact-finding and research 2010, para. 77f
- Paragraph text
- [In building upon the general recommendations elaborated by his distinguished predecessor, Theo van Boven, in 2003, the Special Rapporteur wishes to particularly stress the following recommendations:] In the fight against terrorism and other forms of organized crime, States should keep in mind the absolute and non-derogable nature of the prohibition of torture. In particular, detention in secret places of detention, the expulsion or "rendition" of terrorist suspects to countries known for their practice of torture, the use of diplomatic assurances from these Governments not to torture as a means of circumventing the principle of non-refoulement, "enhanced interrogation techniques" aimed at inflicting severe physical or mental pain or suffering on detainees for the purpose of extracting intelligence information and similar practices in the global fight against terrorism are absolutely prohibited under international law and shall immediately be terminated. After all, torture, as the ultimate form of power exercised by one individual over another individual in a powerless situation, constitutes a direct attack on the personal integrity, dignity and humanity of human beings and is, therefore, for sound philosophical and historical reasons, absolutely prohibited under international law even in the most extreme and exceptional circumstances, such as war or terrorism.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Health
- Año
- 2010
Párrafo
Solitary confinement 2011, para. 70
- Paragraph text
- Because of the absence of witnesses, solitary confinement increases the risk of acts of torture and other cruel, inhuman or degrading treatment or punishment. Given its severe adverse health effects, the use of solitary confinement itself can amount to acts prohibited by article 7 of the International Covenant on Civil and Political Rights, torture as defined in article 1 of the Convention against Torture or cruel, inhuman or degrading punishment as defined in article 16 of the Convention.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Health
- Personas afectadas
- All
- Año
- 2011
Párrafo
Solitary confinement 2011, para. 69
- Paragraph text
- Lesbian, gay, bisexual and transgender individuals are often subjected to solitary confinement as a form of "protective custody". Although segregation of such individuals may be necessary for their safety, lesbian, gay, bisexual and transgender status does not justify limitations on their social regime, e.g., access to recreation, reading materials, legal counsel or medical doctors.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Personas afectadas
- LGBTQI+
- Año
- 2011
Párrafo
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.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Violence
- Personas afectadas
- All
- Año
- 2012
Párrafo
Review of the standard minimum rules for the treatment of prisoners 2013, para. 77
- Paragraph text
- The Special Rapporteur recalls that the perceived fairness of a complaints system is indeed fundamental to its effectiveness in combating impunity and promoting a safe custodial environment. Sufficient safeguards and opportunities must be in place to make a complaint and to ensure the independence, reliability, confidentiality and safety of complaint mechanisms (see, for example, the United Nations Rules for the Treatment of Women Prisoners, rule 25 (1)). Moreover, the right of detainees to file a complaint implies facilitating simple, prompt and effective recourse before competent, independent and impartial authorities against acts or omissions. Appropriate systems must be established to handle and process these complaints, ensuring access to independent lawyers and timely independent medical examination and guaranteeing the safety and security of the complainant. The Rules should place an obligation on prison authorities to take effective measures to protect complainants against any form of intimidation, reprisals and other adverse consequences. Measures in this regard include the transfer of the complainant or the implicated personnel to a different detention facility or the suspension from duty of the personnel. It is also important that the Rules integrate a provision obliging the personnel to guarantee the timely enforcement of any decision granting the remedy.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- Persons on the move
- Women
- Año
- 2013
Párrafo
Overview of working methods and vision 2011, para. 74
- Paragraph text
- The Special Rapporteur urges States to ratify the Protocol and promptly designate or establish a truly independent and effective National Preventive Mechanism (NPM) in accordance with the Protocol. He also urges enhanced cooperation with relevant treaty body mechanisms, including the Committee against Torture, the Subcommittee on Prevention of Torture and the Human Rights Committee.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- N.A.
- Año
- 2011
Párrafo
Commissions of inquiry 2012, para. 42
- Paragraph text
- The Gibson Inquiry was established to examine whether and to what extent State security and intelligence agencies were involved or otherwise complicit in the improper treatment or rendition of detainees held by other States in counter-terrorism operations in the aftermath of the attacks of 11 September 2001. Some non-governmental organizations have criticized the inquiry for its lack of transparency and lack of opportunities for the participation of victims and other third parties.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Humanitarian
- Personas afectadas
- Persons on the move
- Año
- 2012
Párrafo
Commissions of inquiry 2012, para. 70
- Paragraph text
- Commissions of inquiry should therefore be considered complementary to other mechanisms, including criminal investigations and prosecution of perpetrators, the provision of reparations to victims, and extensive reforms to institutions, including the vetting of public officials. When carried out simultaneously with prosecutions, commissions of inquiry play a very important role in establishing a more comprehensive and nuanced picture of policy decisions (whether adopted publicly or in secrecy) that have resulted in patterns of torture and other forms of ill-treatment. The first duty of a commission of inquiry is to explore and develop facts in a rigorous and comprehensive way so that the precise details of torture campaigns may be discovered, protected against tampering or destruction, and disclosed to the public. This process of truth-seeking requires strict adherence to the guidelines set forth in the Istanbul Protocol. The information gathered by a commission of inquiry can also orient the investigative and prosecutorial strategies without substituting them. Moreover, the findings of a commission of inquiry can inform policy decisions of the executive or legislative branches, which should not depend on the outcome of trials. In that manner, the findings and recommendations of commissions of inquiry can help to fill gaps in the protection of human rights in the future, without prejudice to the determination of individual guilt or innocence, which only courts can make.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2012
Párrafo
Review of the standard minimum rules for the treatment of prisoners 2013, para. 88c
- Paragraph text
- [The Special Rapporteur calls upon all States to:] Keep abreast of recent developments in international norms and standards and adopt, at a bare minimum, legislation and practices that are compliant with the Rules;
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2013
Párrafo
Review of the standard minimum rules for the treatment of prisoners 2013, para. 52
- Paragraph text
- Medical examinations are a crucial tool in corroborating or refuting allegations of physical and psychological mistreatment. They are also integral to prevention efforts. While forensic science has made progress, the impact of medical examinations is undermined by a lack of rigorous implementation, inadequate funding, insufficient training and institutional dependencies. In many cases, health care is provided by physicians who have an almost exclusively therapeutic role or by nurses or paramedics with only basic medical training, as their focus is on curing sick detainees and examining new arrivals for contagious diseases or obvious wounds. They often lack the required expertise to properly document ill-treatment. Furthermore, reporting signs of torture raises challenges regarding perceived loyalty conflicts (to the prison administration and to the prisoner) and the responsibility to assure the safety of prisoners. In turn, persons deprived of liberty are invariably caught between a legal requirement to provide evidence to support allegations of torture or other ill-treatment and the lack of practical possibilities to produce such evidence. Records of medical examinations upon arrest or transfer often do not exist and recourse to forensic expertise is at the discretion of the supervising authority, who has ample opportunity to delay authorization until the signs of torture have disappeared.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Health
- Humanitarian
- Personas afectadas
- Persons on the move
- Año
- 2013
Párrafo
Commissions of inquiry 2012, para. 51a
- Paragraph text
- [According to the Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the main purposes of effective investigation and documentation of torture and other cruel, inhuman or degrading treatment or punishment are:] Clarification of the facts and establishment and acknowledgement of individual and State responsibility for victims and their families;
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- Families
- Año
- 2012
Párrafo
Review of the standard minimum rules for the treatment of prisoners 2013, para. 87
- Paragraph text
- The Special Rapporteur reiterates the importance of the principle that, except for those lawful limitations that are demonstrably necessitated by the fact of incarceration, persons deprived of their liberty shall retain their non derogable human rights and all other fundamental freedoms (General Assembly resolution 67/166).
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2013
Párrafo
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. 10a
- Paragraph text
- [The Special Rapporteur calls upon all States to:] Review the anti-torture framework in relation to persons with disabilities in line with the Convention on the Rights of Persons with Disabilities as authoritative guidance regarding their rights in the context of health-care;
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personas afectadas
- Persons with disabilities
- Año
- 2013
Párrafo
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. 62
- Paragraph text
- It is necessary to highlight additional measures needed to prevent torture and ill-treatment against people with disabilities, by synthesizing standards and coordinating actions in line with the Convention on the Rights of Persons with Disabilities.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- Persons with disabilities
- Año
- 2013
Párrafo
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. 60
- Paragraph text
- There are several areas in which the Special Rapporteur would like to suggest steps beyond what has already been proposed by the mandate in its efforts to promote the Convention on the Rights of Persons with Disabilities as the new normative paradigm and call for measures to combat impunity.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- Persons with disabilities
- Año
- 2013
Párrafo
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. 69
- Paragraph text
- Deprivation of liberty on grounds of mental illness is unjustified if its basis is discrimination or prejudice against persons with disabilities. Under the European Convention on Human Rights, mental disorder must be of a certain severity in order to justify detention. The Special Rapporteur believes that the severity of the mental illness is not by itself sufficient to justify detention; the State must also show that detention is necessary to protect the safety of the person or of others. Except in emergency cases, the individual concerned should not be deprived of his liberty unless he has been reliably shown to be of "unsound mind". As detention in a psychiatric context may lead to non-consensual psychiatric treatment, the mandate has stated that deprivation of liberty that is based on the grounds of a disability and that inflicts severe pain or suffering could fall under the scope of the Convention against Torture (A/63/175, para. 65). In making such an assessment, factors such as fear and anxiety produced by indefinite detention, the infliction of forced medication or electroshock, the use of restraints and seclusion, the segregation from family and community, etc., should be taken into account.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personas afectadas
- Persons with disabilities
- Año
- 2013
Párrafo
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. 4
- Paragraph text
- system inadequacies, lack of resources or services will not justify ill-treatment. Although resource constraints may justify only partial fulfilment of some aspects of the right to health, a State cannot justify its non-compliance with core obligations, such as the absolute prohibition of torture, under any circumstances.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Health
- Personas afectadas
- All
- Año
- 2013
Párrafo
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 86h
- Paragraph text
- [With regard to conditions during detention, the Special Rapporteur calls upon all States:] To facilitate contact to the outside world, in particular with families and legal representatives;
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- Families
- Año
- 2015
Párrafo
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. 63
- Paragraph text
- The mandate has previously declared that there can be no therapeutic justification for the use of solitary confinement and prolonged restraint of persons with disabilities in psychiatric institutions; both prolonged seclusion and restraint may constitute torture and ill-treatment (A/63/175, paras. 55-56). The Special Rapporteur has addressed the issue of solitary confinement and stated that its imposition, of any duration, on persons with mental disabilities is cruel, inhuman or degrading treatment (A/66/268, paras. 67-68, 78). Moreover, any restraint on people with mental disabilities for even a short period of time may constitute torture and ill-treatment. It is essential that an absolute ban on all coercive and non-consensual measures, including restraint and solitary confinement of people with psychological or intellectual disabilities, should apply in all places of deprivation of liberty, including in psychiatric and social care institutions. The environment of patient powerlessness and abusive treatment of persons with disabilities in which restraint and seclusion is used can lead to other non-consensual treatment, such as forced medication and electroshock procedures.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Health
- Personas afectadas
- Persons with disabilities
- Año
- 2013
Párrafo
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. 6b
- Paragraph text
- [The Special Rapporteur calls upon all States to:] Promote accountability for torture and ill-treatment in health-care settings by identifying laws, policies and practices that lead to abuse; and enable national preventive mechanisms to systematically monitor, receive complaints and initiate prosecutions;
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Health
- Personas afectadas
- All
- Año
- 2013
Párrafo
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 23
- Paragraph text
- The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment has held that, for an investigation to be "effective", it must be prompt, impartial, independent and thorough (comprehensive). Since 1999, the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol) has become a crucial instrument and important source for investigating allegation of torture and other ill-treatment, as it both reflects existing obligations of States under international treaty and customary international law and sets out specific guidelines on how effective legal and medical investigations into allegations of torture and other ill-treatment should be conducted. It is the first set of international standards and guidelines for health and legal professionals on how to recognize and document symptoms of torture for use as evidence in court cases. The Protocol provides for verification of allegations of torture and other ill-treatment. It also contains a series of "Istanbul Principles" that contain minimum standards for State adherence to ensure effective investigation and documentation of torture and other ill-treatment.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personas afectadas
- All
- Año
- 2014
Párrafo
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 85p
- Paragraph text
- [With regard to the vulnerability of children deprived of their liberty and policy reform, the Special Rapporteur calls upon all States:] To take into consideration any trauma or exposure to torture or other forms of ill-treatment that child migrants have experienced prior to being detained;
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Health
- Humanitarian
- Movement
- Personas afectadas
- Children
- Persons on the move
- Año
- 2015
Párrafo
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 86b
- Paragraph text
- [With regard to conditions during detention, the Special Rapporteur calls upon all States:] To consider case-by-case assessment to decide whether it is appropriate for a particular inmate to be transferred to an adult institution after reaching the age of majority;
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Año
- 2015
Párrafo
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 86i
- Paragraph text
- [With regard to conditions during detention, the Special Rapporteur calls upon all States:] To provide educational, vocational and recreational age-appropriate opportunities and green spaces for children;
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Education
- Personas afectadas
- Children
- Año
- 2015
Párrafo
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 24
- Paragraph text
- Noting the growing attention to and momentum around the issues of investigation, questioning and custody practices at the international, regional and national levels (see Human Rights Council resolution 31/31), the Special Rapporteur identifies an auspicious opportunity to promote the development of much-needed standards and guidelines on these fundamental practices, with the aim of assisting States to meet their fundamental legal obligations to prohibit and prevent torture and ill-treatment. He takes particular note of the successful recent revisions of the Standard Minimum Rules for the Treatment of Prisoners (now known as the Nelson Mandela Rules) and the Model Protocol for a Legal Investigation of Extra-legal, Arbitrary and Summary Executions (Minnesota Protocol) and suggests the organization of a broad public consultation by States and other relevant stakeholders to engage in dialogue on the development of a universal protocol for interviews that is grounded in fundamental principles of international human rights law, including the prohibition of torture, ill-treatment and coercion.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Año
- 2016
Párrafo
The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 82i
- Paragraph text
- [Regarding the use of information tainted by torture in any proceedings, all States should:] Elaborate a rule that protects legitimate State secrets adequately and at the same time does not prevent a thorough examination of whether torture or other cruel, inhuman or degrading treatment or punishment has taken place.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2014
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 74d
- Paragraph text
- [With regard to harmful practices, the Special Rapporteur calls upon States to:] Ensure that victims of honour-based violence have equal access to justice and remedies, including appropriate long-term social, psychological, medical and other appropriate specialized rehabilitation measures.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Harmful Practices
- Personas afectadas
- All
- Año
- 2016
Párrafo
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 28
- Paragraph text
- The Special Rapporteur proposed that the first step in the development of universal guidelines on investigative interviewing would be to hold a broad public consultation. In parallel, OHCHR was tasked by the Human Rights Council, in its resolution 31/31, to organize an intersessional seminar to exchange national experiences and best practices on the implementation of effective safeguards to prevent torture and other ill-treatment during police custody.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 72a
- Paragraph text
- [With regard to abuses in health-care settings, the Special Rapporteur calls upon States to:] Take concrete measures to establish legal and policy frameworks that effectively enable women and girls to assert their right to access reproductive health services;
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Health
- Personas afectadas
- Girls
- Women
- Año
- 2016
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 72h
- Paragraph text
- [With regard to abuses in health-care settings, the Special Rapporteur calls upon States to:] Adopt transparent and accessible legal gender recognition procedures and abolish requirements for sterilization and other harmful procedures as preconditions;
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Harmful Practices
- Health
- Personas afectadas
- All
- Año
- 2016
Párrafo
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 21
- Paragraph text
- In all his endeavours, the Special Rapporteur will promote adherence to, and ratification of, core relevant human rights treaties. At the same time, the Special Rapporteur will also promote so-called soft-law standards such as, but not limited to, the Nelson Mandela Rules, the Body of Principles for the Protection of all Persons under Any Form of Detention or Imprisonment, the Bangkok Rules, the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules), the United Nations Rules for the Protection of Juveniles Deprived of their Liberty, the Code of Conduct for Law Enforcement Officials, the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials and other relevant instruments. Ultimately, the Special Rapporteur will prioritize results-based pragmatism rather than formalism without, however, compromising on applicable norms, terms and standards. Therefore, the primary focus of the Special Rapporteur will not necessarily be to achieve universal ratification of relevant treaties, but rather to advocate for the implementation, in actual practice, of norms, procedures and mechanisms for the effective prevention of torture or other cruel, inhuman or degrading treatment or punishment.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- Adolescents
- Año
- 2017
Párrafo
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 33
- Paragraph text
- Conflicts, violence, persecution, poverty and food insecurity are driving unprecedented waves of people to cross international borders in a desperate search for safety. According to the Office of the United Nations High Commissioner for Refugees, in 2015 alone, 65.3 million individuals were forcibly displaced worldwide, the largest number since the Second World War.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Food & Nutrition
- Humanitarian
- Movement
- Poverty
- Personas afectadas
- Persons on the move
- Año
- 2017
Párrafo
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 50
- Paragraph text
- The Special Rapporteur acknowledges that the mandate is part of a wider system and looks forward to working in close cooperation with the Committee against Torture, the Subcommittee on Prevention of Torture, the United Nations Voluntary Fund for Victims of Torture, other special procedure mandate holders, regional anti-torture mechanisms, States and civil society actors.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 34
- Paragraph text
- This rise in the number of forced displacements is paralleled by a growing and worrying tendency around the world to criminalize irregular migration, to deter applications for asylum and to detain people on the move. In this context, refugees, asylum seekers and other irregular migrants have become more vulnerable to human rights violations, including torture and other cruel, inhuman or degrading treatment or punishment.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2017
Párrafo
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 51
- Paragraph text
- The Special Rapporteur also wishes to salute the outstanding work accomplished by his predecessors since the establishment of the mandate in 1985. He intends to consolidate and build on their achievements throughout his tenure.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 28
- Paragraph text
- At first glance, the language in article 1, paragraph 1, of the Convention against Torture appears to carve out an exception under which pain or suffering stemming from lawful sanctions categorically cannot be torture. Yet, this reading of article 1 is belied by extensive treaty body authority findings of a violation of the prohibition in article 1 with regard to various forms of lawful corporal punishment. The proper understanding is that the exclusion refers to sanctions that are lawful under both national and international law. Since it is widely accepted that corporal punishment at least amounts to cruel, inhuman or degrading treatment, it does not qualify as a lawful sanction and, accordingly, is not immune from being categorized as torture. As far back as 1988, the Special Rapporteur appointed to examine questions relevant to torture stated that it was international law, not domestic law, which ultimately determined whether a certain practice might be regarded as lawful, and that practices which might initially be considered lawful might become outlawed and viewed as the most serious violations of human rights (E/CN.4/1988/17, paras. 42 and 44).
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2012
Párrafo
Commissions of inquiry 2012, para. 23
- Paragraph text
- The purpose of the present report is to deepen the international community's dialogue on commissions of inquiry and to offer guidance on when such commissions should be created by States in response to patterns or practices of torture and other forms of ill-treatment. When used correctly, a commission of inquiry may be a powerful tool in uncovering and bringing an end to patterns of violations; taking first steps in addressing victims' right to know the truth and identifying reparation measures in consultation with victims; ensuring accountability of State institutions and compliance with international human rights law; and promoting democratic, citizen-driven participation in human rights monitoring. Additionally, commissions of inquiry can play an integral role in facilitating the formal investigation of current systems or legacies of torture and other forms of ill-treatment, and pave the way to effective and fair prosecutions. A wealth of experience has been acquired from commissions of inquiry established within national jurisdictions as well as by the international community in situations in which the discovery and disclosure of the truth is deemed essential to the preservation or restoration of peace and security of nations. Lessons can be drawn from these experiences on what factors lead to successful or unsuccessful commissions of inquiry.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Personas afectadas
- All
- Año
- 2012
Párrafo
Impunity as a root cause of the prevalence of torture 2010, para. 86
- Paragraph text
- The setting up of a national preventive mechanism requires a careful preparatory process that is to be "public, inclusive and transparent", including civil society and all other actors involved in the prevention of torture, as in Honduras and Paraguay. A transparent and inclusive preparatory process creates greater public attention for the future national preventive mechanism, ensuring its credibility, and may prevent problems after its designation. Many States seek assistance from various specialized institutions in the field of torture prevention and from the Subcommittee on Prevention of Torture and OHCHR for the process of setting up national preventive mechanisms. The Special Rapporteur has continuously offered his assistance in this regard and encourages States to further avail themselves of the mandate. As the Subcommittee on Prevention of Torture has indicated, the development of a national preventive mechanism "should be considered an ongoing obligation, with reinforcement of formal aspects and working methods refined and improved incrementally". In that regard, the adoption, as in Costa Rica and Maldives, of clear and ambitious action plans defining the goals and strategies of the national preventive mechanism is useful.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2010
Párrafo
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 42
- Paragraph text
- The death row phenomenon is a relatively new concept, albeit one that has become firmly established in international jurisprudence. It consists of a combination of circumstances that produce severe mental trauma and physical deterioration in prisoners under sentence of death. Those circumstances include the lengthy and anxiety-ridden wait for uncertain outcomes, isolation, drastically reduced human contact and even the physical conditions in which some inmates are held. Death row conditions are often worse than those for the rest of the prison population, and prisoners on death row are denied many basic human necessities. Examples of current death row conditions around the world include solitary confinement for up to 23 hours a day in small, cramped, airless cells, often under extreme temperatures; inadequate nutrition and sanitation arrangements; limited or non-existent contact with family members and/or lawyers; excessive use of handcuffs or other types of shackles or restraints; physical or verbal abuse; lack of appropriate health care (physical and mental); and denial of access to books, newspapers, exercise, education, employment, or other types of prison activity.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Health
- Water & Sanitation
- Personas afectadas
- Families
- Año
- 2012
Párrafo
Overview of main observations of five years fact-finding and research 2010, para. 45
- Paragraph text
- The magnitude of impunity has been one of - if not the most - disappointing findings of his tenure as Special Rapporteur. Impunity is almost total in most countries he has visited, despite undeniable, sometimes routine, widespread or even systematic practices of torture and in contravention of the clear obligation under the Convention against Torture to hold perpetrators of torture accountable under criminal law. As soon as there is a suspicion of torture or an explicit allegation, a thorough investigation should be initiated immediately or without any delay. It therefore has to be ensured that all public officials, in particular prison doctors, prison officials and magistrates who have reasons to suspect an act of torture or ill-treatment do report ex officio to the relevant authorities for proper investigation in accordance with article 12 of the Convention against Torture. Moreover, whereas the decision on whether to conduct an investigation should not be discretionary, but rather an obligation irrespective of the filing of a complaint, this is too often not the case. In addition, the lack of criminalization of torture and the mostly inadequate sanctions are the main factors contributing to impunity.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Personas afectadas
- All
- Año
- 2010
Párrafo
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 29
- Paragraph text
- According to medical ethical standards, health professionals have the obligation not to participate actively or passively in torture or other ill-treatment. No obligation to a third party can override the duty to protect the individual from torture or other ill-treatment and to report such cases. The World Medical Association has held that health professionals should be made aware of their ethical obligations, including the need to report torture and other ill-treatment, to maintain confidentiality and to seek the consent of victims prior to examination. Victims must be fully informed, in words they can understand, about the risks and benefits of reporting allegations of torture and other ill-treatment to the relevant authorities and consent to it. The Association has consistently reiterated its policy on the responsibility of physicians to denounce acts of torture or cruel, inhuman or degrading treatment or punishment of which they are aware. It urges national medical associations to speak out in support of these fundamental principles of medical ethics and to investigate any breach of these principles by their members.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personas afectadas
- All
- Año
- 2014
Párrafo
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. 73
- Paragraph text
- A particular form of ill-treatment and possibly torture of drug users is the denial of opiate substitution treatment, including as a way of eliciting criminal confessions through inducing painful withdrawal symptoms (A/HRC/10/44 and Corr.1, para. 57). The denial of methadone treatment in custodial settings has been declared to be a violation of the right to be free from torture and ill-treatment in certain circumstances (ibid., para. 71). Similar reasoning should apply to the non-custodial context, particularly in instances where Governments impose a complete ban on substitution treatment and harm reduction measures. The common practice of withholding anti-retroviral treatment from HIV-positive people who use drugs, on the assumption that they will not be capable of adhering to treatment, amounts to cruel and inhuman treatment, given the physical and psychological suffering as the disease progresses; it also constitutes abusive treatment based on unjustified discrimination solely related to health status.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- All
- Año
- 2013
Párrafo
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 60
- Paragraph text
- There is a pressing need to step up the overall involvement of forensic medical science across the various sectors of the criminal justice cycle, and where persons are at particular risk, including administrative, pretrial and juvenile detention and psychiatric institutions. If police officers, prison wardens, hospital administrators, prosecutors and judges were under a legal obligation to request proper forensic medical examinations as a standard procedure whenever there are suspicions or allegations of torture or other ill-treatment, victims would be in a considerably stronger position. In addition to their role in prosecution, forensic medical services can also play a transforming role in prevention. As required in the Body of Principles and expanded in the standard-setting Istanbul Protocol, routine medical examinations of detainees after admission to every place of detention create a system of "checkpoints" that minimizes the number of unaccounted cases of torture and renders impossible a shifting of blame and accountability among various detention facilities and authorities.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Health
- Año
- 2014
Párrafo
Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 57
- Paragraph text
- The obligation to provide an effective remedy applies "irrespective of who may ultimately be the bearer of responsibility for the violation", which is essential to ensuring that all persons, including migrants and non-citizens, are afforded their fundamental rights without discrimination. States' obligations to provide redress are both substantive and procedural, wherein States must establish judicial or administrative bodies capable of determining a torture victim's right to redress, awarding such redress and ensuring accessibility of these forums to victims (A/69/277). In the case of migrants, the recommended principles and guidelines on human rights at international borders developed by the Office of the United Nations High Commissioner for Human Rights note States' obligation to afford remedies against removal orders where there are substantial grounds for believing that the persons removed would be at a risk of torture or other ill-treatment if "returned to, readmitted, or subject to onward return to a place where they might be at such risk" (guidelines 9), and further to ensure that torture and ill-treatment survivors are referred to proper rehabilitation services.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Persons on the move
- Año
- 2015
Párrafo
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 62c
- Paragraph text
- [In the present report, the Special Rapporteur examined whether and in which circumstances the extra-custodial use of force by State agents amounts to torture or other cruel, inhuman or degrading treatment or punishment. The Special Rapporteur’s substantive conclusions can be summarized as follows:] Any extra-custodial use of force that does not pursue a lawful purpose (legality), or that is unnecessary for the achievement of a lawful purpose (necessity), or that inflicts excessive harm compared to the purpose pursued (proportionality) contradicts established international legal principles governing the use of force by law enforcement officials and amounts to cruel, inhuman or degrading treatment or punishment. Moreover, failure to take all precautions practically possible in the planning, preparation and conduct of law enforcement operations with a view to avoiding the unnecessary, excessive or otherwise unlawful use of force contravenes the State’s positive obligation to prevent acts of cruel, inhuman or degrading treatment or punishment within its jurisdiction;
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2017
Párrafo
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. 64
- Paragraph text
- The mandate continues to receive reports of the systematic use of forced interventions worldwide. Both this mandate and United Nations treaty bodies have established that involuntary treatment and other psychiatric interventions in health-care facilities are forms of torture and ill-treatment. Forced interventions, often wrongfully justified by theories of incapacity and therapeutic necessity inconsistent with the Convention on the Rights of Persons with Disabilities, are legitimized under national laws, and may enjoy wide public support as being in the alleged "best interest" of the person concerned. Nevertheless, to the extent that they inflict severe pain and suffering, they violate the absolute prohibition of torture and cruel, inhuman and degrading treatment (A/63/175, paras. 38, 40, 41). Concern for the autonomy and dignity of persons with disabilities leads the Special Rapporteur to urge revision of domestic legislation allowing for forced interventions.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personas afectadas
- Persons with disabilities
- Año
- 2013
Párrafo
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, para. 19
- Paragraph text
- States have a corollary obligation to take effective legislative, administrative, judicial or other measures to prevent acts of torture and cruel, inhuman or degrading treatment or punishment within their jurisdiction. 26 Wherever there is reasonable ground to believe that extra-custodial force amounting to torture or other cruel, inhuman or degrading treatment or punishment has been used, States have a duty to conduct a prompt and impartial investigation in order to ensure full accountability for any such act, including, as appropriate, administrative, civil and criminal accountability, and to ensure that victims receive adequate redress and rehabilitation.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2017
Párrafo
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, para. 16
- Paragraph text
- It should be noted that the above-mentioned principles govern the use of force, not only in extra-custodial settings, but also where riots, unrest or other violent incidents occur within places of detention. 20 Depending on the circumstances, they may also be relevant in determining the permissibility of invasive health and security procedures, such as the taking of bodily samples or a strip search. 21 In their relations with persons deprived of their liberty, law enforcement officials may not use force, except when strictly necessary for the maintenance of security and order within the institution or when personal safety is threatened, and they may not use firearms, except in self-defence or in the defence of others against the immediate threat of death or serious injury or when strictly necessary to prevent the escape of an inmate presenting a threat of death or serious injury.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Health
- Violence
- Personas afectadas
- All
- Año
- 2017
Párrafo
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, para. 8
- Paragraph text
- The principle of necessity requires that any use of force by State agents must be restricted to the least harmful means that can reasonably be expected to achieve the purpose pursued. Thus, law enforcement officials must apply non -violent means whenever possible and may use force only when, and only to the extent, strictly necessary to achieve a lawful purpose.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Personas afectadas
- All
- Año
- 2017
Párrafo
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, para. 3
- Paragraph text
- While the present report is focused on the extra-custodial use of force by State agents, its conclusions generally will also be relevant, mutatis mutandis, for non-physical forms of coercion and for ill-treatment committed by non-State actors. Owing to constraints of time and space, the Special Rapporteur intends to more systematically consider those issues in subsequent thematic reports. Moreover, in the present report the extra-custodial use of force under the law enforcement paradigm both in peacetime and in armed conflict is covered, but the use of force as a means of warfare under the hostilities paradigm is not examined. The terms “State agent” and “law enforcement official” will be used interchangeably to denote any person exercising, de jure or de facto, public authority on behalf of the State, whether of military or civilian status and whether appointed, elected, employed or contracted, including private security personnel. 2 Finally, the implications of the extra-custodial use of force are examined in the present report under human rights law only, and not under potentially applicable international humanitarian law.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, para. 14
- Paragraph text
- In practice, the required standard of precaution does not impose an unrealistic burden but always relates to what is reasonably possible in the circumstances.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2017
Párrafo
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, para. 9
- Paragraph text
- The principle of necessity has a qualitative, a quantitative and a temporal aspect. In qualitative terms, any use of force must be “unavoidable” in the sense that non-violent or other less harmful means remain ineffective or without any promise of achieving the desired purpose. 12 In quantitative terms, whenever the use of force is unavoidable, the degree to which and the manner in which force is employed may not be more harmful than strictly necessary. 13 Finally, in temporal terms, the use of force is unlawful if, at the moment of its application, it is not yet or no longer unavoidable to achieve the desired lawful purpose. Therefore, any law enforcement operation involving the use of force requires a constant reassessment of its necessity to achieve the desired purpose. Should the circumstances evolve so as to permit the achievement of that purpose through less harmful means, force may no longer be used.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2017
Párrafo
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, para. 4
- Paragraph text
- Building on the work undertaken by his predecessors and other mandate holders and mechanisms, the Special Rapporteur conducted extensive research and broad stakeholder consultations with academic experts and representatives of governments, international organizations and civil society organizations, including through a multi-stakeholder expert meeting held in Geneva on 1 and 2 May 2017 and a general call for submissions in response to a thematic questionnaire posted on the website of the Office of the United Nations High Commissio ner for Human Rights from 29 May to 30 June 2017. 3 The present report reflects the resulting conclusions and recommendations of the Special Rapporteur.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo
Impunity as a root cause of the prevalence of torture 2010, para. 55
- Paragraph text
- Ex officio investigations, as required by article 12 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, are one of the strongest tools for preventing torture and combating impunity. As victims are often unaware of existing complaints mechanisms, they lack confidence that their complaints will be effectively addressed or they are afraid to file them. This problem is worse in countries where the obligation to initiate ex officio investigations is not enshrined in the law, as was observed by the Special Rapporteur in some of his missions, including those to Jamaica and Sri Lanka. Whenever there are reasonable grounds, including credible evidence, that an act of torture has been committed, States should conduct an investigation, irrespective of whether a complaint has been filed. In Jordan, the Special Rapporteur found that even though the Court of Cassation had overturned a number of convictions on the grounds that security officials had obtained confessions under torture, this did not trigger official criminal investigations against the perpetrators. The same holds true for Sri Lanka.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Año
- 2010
Párrafo
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.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Violence
- Personas afectadas
- All
- Año
- 2010
Párrafo
Impunity as a root cause of the prevalence of torture 2010, para. 85
- Paragraph text
- In order for national preventive mechanisms to carry out their functions effectively, they must have a clear understanding of their tasks and roles. Particular problems can arise for a national preventive mechanism that functions within a previously existing institution such as a national human rights institution, for a national preventive mechanism composed of several bodies and for a national preventive mechanism that cooperates institutionally with civil society organizations. Those models all require a particular effort of planning and coordination and a clarification of the exact roles and tasks within the institution. In national human rights institutions designated as national preventive mechanisms, the roles of the members of the national preventive mechanism and the staff of the national human rights institution may not always be clear and the different tasks of the national human rights institution may impede the effective and autonomous functioning of the national preventive mechanism. Therefore, it is recommended that national human rights institutions designated as national preventive mechanisms create separate units or departments where employees are explicitly and fully assigned for the performance of the tasks of the national preventive mechanism, as in Costa Rica, Luxembourg, Maldives, Mexico and Spain. The units should have an autonomous agenda and programme of action, and their own staff and budget. Concerning the designation of several existing institutions as national preventive mechanisms, as in the United Kingdom and New Zealand, adequate coordination of the work of the bodies is necessary in order for them to function effectively and coherently. An equal need for coordination and coherence arises in cases where national preventive mechanisms cooperate institutionally with non governmental organizations, as in the Republic of Moldova and Slovenia. In the Republic of Moldova, their institutional involvement has led to a serious internal conflict over the competences and roles of the different members. Additionally, there is a risk of the dilution of their mandates for non-governmental organizations and of a loss of independence and credibility for the national preventive mechanism if the division of tasks is unclear.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2010
Párrafo
Overview of main observations of five years fact-finding and research 2010, para. 47
- Paragraph text
- It is disappointing to see that the few perpetrators who are held accountable are punished with sentences far below what is required by international law. While the Committee against Torture, in its State reporting procedure, has interpreted the obligation for an adequate punishment as a long-term prison sentence with a penalty of up to 20 years, the Special Rapporteur's fact-finding missions have shown that perpetrators, if held accountable at all, were predominantly punished with disciplinary sanctions and light or suspended prison sentences. The forms of discipline do not normally go beyond demotion, delayed promotion or pay freeze. These sanctions are an affront to the victims, lack any meaningful acknowledgment of their suffering, are devoid of any deterrent effect and, therefore, put further persons at risk.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2010
Párrafo
Impunity as a root cause of the prevalence of torture 2010, para. 67
- Paragraph text
- Throughout his tenure of the mandate, the Special Rapporteur has been impressed by the courageous, dedicated and professional work undertaken by rehabilitation centres around the world. In all the centres he visited during his fact finding missions, he was impressed that staff members had been working extremely hard and often at considerable personal sacrifice. Confronted with the continuous arrival of new victims, aware of the large number of those who cannot be reached and knowing how quickly a person's life can be broken and how long it takes to heal, their work may at times appear frustrating. Working with survivors of torture involves listening to their experiences of abuse and its consequences, and may place a considerable psychological burden on those treating torture victims. Nevertheless, the staff of rehabilitation centres work relentlessly, often on a voluntary basis, in order to provide treatment and shelter.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Humanitarian
- Violence
- Año
- 2010
Párrafo
Impunity as a root cause of the prevalence of torture 2010, para. 73
- Paragraph text
- The lack of funding for rehabilitation centres is by no means limited to poor States or States where torture may be rife, but also holds true for States which are generally considered to be relatively safe and affluent, for example EU member States. In this regard, the Special Rapporteur notes with concern the upcoming phasing-out of EU support for centres located within its area and the simultaneous failure of European Governments to step up their support for their own domestic institutions. Rehabilitation centres within the EU assume a crucial role in providing services to thousands of individuals who have had to flee their home countries and seek refuge after experiencing war, persecution and torture. While these survivors may have succeeded in escaping from imminent persecution and from their torturers, their experiences are still very much present and continue to haunt them. Often alone in a foreign country, confronted with xenophobic resentment, general suspicion that there is abuse of the asylum system, and concerns about the outcome of protracted and increasingly restrictive asylum procedures, survivors of torture find themselves in an environment which is far from conducive to a process of healing. The availability in those States of well-functioning rehabilitation centres where many refugees can open up and receive medical treatment for the first time is essential and their value cannot be overestimated. The Special Rapporteur calls for a change of the perception prevalent in many Western countries that torture is a distant issue. Many Europeans would be surprised to learn that their immigrant neighbour is in fact one of many survivors of torture who have found refuge in their country.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Humanitarian
- Movement
- Violence
- Personas afectadas
- Persons on the move
- Año
- 2010
Párrafo
Impunity as a root cause of the prevalence of torture 2010, para. 48
- Paragraph text
- The Special Rapporteur found legislation where the definition was in line with the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in some countries, such as the Republic of Moldova. The definition in the Sri Lankan legislation is in accordance with the Convention; however, it does not include "suffering". Moreover, since the implementation of the Emergency Regulations, most of the safeguards against torture either do not apply or are simply disregarded. In Equatorial Guinea, the definition was mainly in line with the Convention, with a catch-all clause broad enough to comply with it.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- N.A.
- Año
- 2010
Párrafo
Solitary confinement 2011, para. 36
- Paragraph text
- The level of isolation imposed on an individual is essential to the European Court of Human Rights' assessment of whether instances of physical and mental isolation constitute torture or cruel, inhuman or degrading treatment or punishment. A prolonged absolute prohibition of visits from individuals from outside the prison causes suffering "clearly exceeding the unavoidable level inherent in detention". However, where the individual can receive visitors and write letters, have access to television, books and newspapers and regular contact with prison staff or visit with clergy or lawyers on a regular basis, isolation is "partial", and the minimum threshold of severity - which the European Court of Human Rights considers necessary to find a violation of article 3 of the European Convention on Human Rights - is not met. Nevertheless, the Court has emphasized that solitary confinement, even where the isolation is only partial, cannot be imposed on a prisoner indefinitely.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2011
Párrafo
Overview of main observations of five years fact-finding and research 2010, para. 77a
- Paragraph text
- [In building upon the general recommendations elaborated by his distinguished predecessor, Theo van Boven, in 2003, the Special Rapporteur wishes to particularly stress the following recommendations:] All States should ratify the United Nations Convention against Torture and fully implement its provisions. In particular, they must criminalize torture, as defined in article 1, with appropriate sanctions taking into account the gravity of the crime of torture; investigate all allegations and suspicions of torture by independent and effective "police-police" bodies; bring perpetrators of torture to justice under the various forms of criminal jurisdiction mentioned in article 5 of the Convention; provide victims of torture with an effective remedy and adequate reparation for the harm suffered - in particular medical, psychological and other forms of rehabilitation; and take all measures necessary to prevent torture, including prompt access of all detainees to lawyers, judges, doctors and their families;
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- Persons on the move
- Año
- 2010
Párrafo
Overview of main observations of five years fact-finding and research 2010, para. 73
- Paragraph text
- Although 146 States are party to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, most Governments have failed to effectively implement its provisions. Despite the obligation to criminalize torture and prosecute perpetrators of torture under different types of jurisdiction, only very few torturers have been brought to justice worldwide. Impunity continues to be one of the main factors in widespread torture. Despite the obligation to provide victims of torture with an effective remedy and adequate reparation for the harm suffered, only a very small number of victims of torture are able to enjoy this right in the country responsible for inflicting the torture. If victims manage to access medical, psychological and other forms of rehabilitation, this important form of reparation is usually provided by private organizations in countries in which torture victims are granted asylum. Despite the obligation to effectively investigate every allegation or suspicion of torture and ill-treatment, almost no country has established bodies with effective powers of criminal investigation which are also fully independent from the law enforcement officers subject to their investigations. Despite the obligation to take all legislative, administrative, political and other measures necessary to prevent torture, including prompt access of detainees to lawyers, judges, doctors and families, audio- or videotaping of interrogations, the prohibition of using confessions extracted by torture before courts and regular inspections of all places of detention and interrogation by independent bodies, most of the some 10 million detainees around the world can only dream of enjoying such measures.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- Families
- Persons on the move
- Año
- 2010
Párrafo
Solitary confinement 2011, para. 34
- Paragraph text
- In its evaluation of cases of solitary confinement, the European Court of Human Rights considers the rationale given by the State for the imposition of social and physical isolation. The Court has found violations of article 3 of the European Convention on Human Rights where States do not provide a security-based justification for the use of solitary confinement. In circumstances of prolonged solitary confinement, the Court has held that the justification for solitary confinement must be explained to the individual and the justification must be "increasingly detailed and compelling" as time goes on.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2011
Párrafo
Solitary confinement 2011, para. 40a
- Paragraph text
- [The justifications provided by States for the use of solitary confinement fall into five general categories:] To punish an individual (as part of the judicially imposed sentence or as part of a disciplinary regime);
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2011
Párrafo
Solitary confinement 2011, para. 41
- Paragraph text
- The imposition of solitary confinement as a part of an individual's judicially imposed sentence often arises in circumstances of particularly egregious crimes or crimes against the State. For instance, in some central European States, individuals convicted and sentenced to capital punishment and to life imprisonment serve their time in solitary confinement (A/64/215, para. 53). In other States, such as in Mongolia, death sentences may be commuted to life sentences spent in solitary confinement (E/CN.4/2006/6/Add.4, para. 47). The use of solitary confinement as a disciplinary measure within prisons is also well documented and is likely the most pervasive rationale for the use of solitary confinement as a form of punishment. Disciplinary measures usually involve the violation of a prison rule. For instance, in Nigeria detainees are punished with solitary confinement of up to three days for disciplinary offences (A/HRC/7/3/Add.4, appendix I, para. 113). Similarly, in the Abepura Prison in Indonesia, solitary confinement for up to eight days is used as a disciplinary measure for persons who violate prison rules (A/HRC/7/3/Add.7, appendix I, para. 37).
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Año
- 2011
Párrafo
Solitary confinement 2011, para. 50
- Paragraph text
- The presence of windows and light is also of critical importance to the adequate treatment of detainees in solitary confinement. Under rule 11 of the Standard Minimum Rules for the Treatment of Prisoners, there should be sufficient light to enable the detainee to work or read, and windows so constructed as to allow airflow whether or not artificial ventilation is provided. However, State practice reveals that this standard is often not met. For example, in Georgia, window-openings in solitary confinement cells were found to have steel sheets welded to the outside bars, which restricted light and ventilation (E/CN.4/2006/6/Add.3, para. 47). In Israel, solitary confinement cells are often lit with fluorescent bulbs as their only source of light, and they have no source of fresh air.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Personas afectadas
- Persons on the move
- Año
- 2011
Párrafo
Solitary confinement 2011, para. 91
- Paragraph text
- The physical conditions and prison regime of solitary confinement must be imposed only as a last resort where less restrictive measures could not achieve the intended disciplinary goals.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2011
Párrafo