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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
- Tipo de párrafo
- Conclusion / Recommendation
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
- Tipo de párrafo
- Conclusion / Recommendation
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
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Solitary confinement 2011, para. 85
- Paragraph text
- States should take necessary steps to put an end to the practice of solitary confinement in pretrial detention. The use of solitary confinement as an extortion technique during pretrial detention should be abolished. States should adopt effective measures at the pretrial stage to improve the efficiency of investigation and introduce alternative control measures in order to segregate individuals, protect ongoing investigations, and avoid detainee collusion.
- 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
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Review of the standard minimum rules for the treatment of prisoners 2013, para. 88e
- Paragraph text
- [The Special Rapporteur calls upon all States to:] Endeavour to reduce pretrial detention and undertake comprehensive justice reforms with a view to enhance the use of alternatives to pretrial detention and custodial sentences;
- 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
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 72c
- Paragraph text
- [With regard to abuses in health-care settings, the Special Rapporteur calls upon States to:] Set forth clear guidance on implementing domestic abortion legislation and ensure that it is interpreted broadly; and monitor the practical implementation of legislation to ensure that persons are provided the right to legal services in practice;
- 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
- 2016
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 72b
- Paragraph text
- [Recommendations regarding capacity-building and training:] Enhance the skills of health and legal professionals on the effective medical documentation of torture and other ill-treatment through training on the use of the Istanbul Protocol and other relevant materials to forensic pathologists, medico-legal officers, general practitioners, psychiatrists, psychologists, Ministry of Health officials and social workers; as well as lawyers, State investigators, prosecutors, judges, prison officials, police officers, immigration officers, NGO activists, members of national human rights commissions and similar bodies, representatives of the Ministry of Justice, the Ministry of Defence and the Ministry of the Interior.
- 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
- 2014
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Review of the standard minimum rules for the treatment of prisoners 2013, para. 88j
- Paragraph text
- [The Special Rapporteur calls upon all States to:] Actively engage with the open-ended intergovernmental Expert Group on the Standard Minimum Rules for the Treatment of Prisoners established by the Commission on Crime Prevention and Criminal Justice, to exchange information on good practices and challenges with a view to ensuring that the revised Rules reflect the recent advances in correctional science and best practices and to implement the Rules at the national level.
- 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
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 66
- Paragraph text
- Ensure that the fundamental principles of investigation, such as competence, impartiality, independence, promptness and thoroughness are enshrined in legislation and officially recognized among relevant departments and personnel, including prosecutors, defence attorneys, judges, law enforcement, prison and military personnel, forensic and health professionals and those responsible for detainee health care.
- 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
- 2014
- Tipo de párrafo
- Conclusion / Recommendation
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. 86e
- Paragraph text
- [With regard to conditions during detention, the Special Rapporteur calls upon all States:] To prohibit corporal 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
- 2015
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 72d
- Paragraph text
- [With regard to abuses in health-care settings, the Special Rapporteur calls upon States to:] Guarantee immediate and unconditional treatment of persons seeking emergency medical care, including as a result of illegal abortion;
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Health
- Año
- 2016
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Review of the standard minimum rules for the treatment of prisoners 2013, para. 85
- Paragraph text
- Over the past few decades, there has been a significant increase in the worldwide prison population, placing an enormous financial burden on States. It is estimated that there are over 10 million prisoners in the world, and prison populations are growing on all five continents. Imprisonment has become an almost automatic response rather than a last resort, as mirrored in increasing and disproportionate penalization, excessive use of pretrial detention, increased length of prison sentences and little use of non-custodial alternatives (see General Assembly resolution 45/110, annex). Furthermore, the penitentiary system in most countries is no longer aimed at the reformation and social rehabilitation of convicts but simply aims to punish by locking offenders away. Non-compliance with international standards in relation to conditions of detention is caused by resource constraints and by the punitive approach of most criminal justice systems. Corruption too clearly plays a negative role (see A/64/215 and Corr.1, para. 80).
- 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
- 2013
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Solitary confinement 2011, para. 89
- Paragraph text
- The Special Rapporteur reiterates that solitary confinement should be used only in very exceptional circumstances, as a last resort, for as short a time as possible. He emphasizes that when solitary confinement is used in exceptional circumstances, minimum procedural safeguards must be followed. These safeguards reduce the chances that the use of solitary confinement will be arbitrary or excessive, as in the case of prolonged or indefinite confinement. They are all the more important in circumstances of detention where due process protections are often limited, as in administrative immigration detention. Minimum procedural safeguards should be interpreted in a manner that provides the greatest possible protection of the rights of detained individuals. In this context, the Special Rapporteur urges States to apply the following guiding principles and procedural safeguards.
- 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
- 2011
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 80c
- 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 refrain from carrying out executions in public or in any other degrading manner; end the practice of secret executions; and end the practice of executions with little or no prior warning given to condemned prisoners 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
- Año
- 2012
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Solitary confinement 2011, para. 101
- Paragraph text
- Medical personnel should additionally inspect the physical conditions of the inmate's confinement in accordance with article 26 of the Standard Minimum Rules for the Treatment of Prisoners. Relevant considerations include the level of hygiene and cleanliness of the facility and the inmate, heating, lighting and ventilation of the cell, suitability of clothing and bedding, adequate supply of food and water and observance of the rules concerning physical exercise.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Health
- Año
- 2011
- Tipo de párrafo
- Conclusion / Recommendation
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
- Tipo de párrafo
- Other
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
- Tipo de párrafo
- Other
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
- Tipo de párrafo
- Other
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
- Tipo de párrafo
- Other
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
- Tipo de párrafo
- Other
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
- Tipo de párrafo
- Other
Párrafo
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
- Tipo de párrafo
- Other
Párrafo
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
- Tipo de párrafo
- Other
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
- Tipo de párrafo
- Other
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
- Tipo de párrafo
- Other
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
- Tipo de párrafo
- Other
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
- Tipo de párrafo
- Other
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
- Tipo de párrafo
- Other
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
- Tipo de párrafo
- Other
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
- Tipo de párrafo
- Other
Párrafo