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Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 21
- Paragraph text
- The use of shackles and handcuffs on pregnant women during labour and immediately after childbirth is absolutely prohibited and representative of the failure of the prison system to adapt protocols to unique situations faced by women (A/HRC/17/26/Add.5 and Corr.1). When used for punishment or coercion, for any reason based on discrimination or to cause severe pain, including by posing serious threats to health, such treatment can amount to torture or ill-treatment.
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personnes concernées
- Women
- Année
- 2016
Paragraphe
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 56
- Paragraph text
- Societal indifference to or even support for the subordinate status of women, together with the existence of discriminatory laws and patterns of State failure to punish perpetrators and protect victims, create conditions under which women may be subjected to systematic physical and mental suffering, despite their apparent freedom to resist. In this context, State acquiescence in domestic violence can take many forms, some of which may be subtly disguised (A/HRC/7/3). States' condoning of and tolerant attitude towards domestic violence, as evidenced by discriminatory judicial ineffectiveness, notably a failure to investigate, prosecute and punish perpetrators, can create a climate that is conducive to domestic violence and constitutes an ongoing denial of justice to victims amounting to a continuous human rights violation by the State. In cases where States are or ought to be aware of patterns of continuous and serious abuse in a particular region or community, due diligence obligations require taking reasonable measures to alter outcomes and mitigate harms, ranging from the strengthening of domestic laws and their implementation to effective criminal proceedings and other protective and deterrent measures in individual cases. Domestic violence legislation and community support systems must in turn be matched by adequate enforcement. Special attention must be paid to religious or customary law courts that may tend to downplay and inadequately address domestic violence (A/HRC/29/40).
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Personnes concernées
- Women
- Année
- 2016
Paragraphe
Impunity as a root cause of the prevalence of torture 2010, para. 35
- Paragraph text
- The scale and scope of impunity found in many countries visited by the Special Rapporteur has been one of his most disappointing findings. During his time as mandate holder, the Special Rapporteur has been witness to the distressing reality that both torture and ill-treatment are widespread practices throughout the world. The existing international legal framework provides a broad range of norms and standards to prohibit, prevent and eradicate torture. Their effective application, however, continues to be a challenge.
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2010
Paragraphe
Solitary confinement 2011, para. 58
- Paragraph text
- When a State fails to uphold the Standard Minimum Rules for the Treatment of Prisoners during a short period of time of solitary confinement, there may be some debate on whether the adverse effects amount to cruel, inhuman or degrading treatment or punishment or torture. However, the longer the duration of solitary confinement or the greater the uncertainty regarding the length of time, the greater the risk of serious and irreparable harm to the inmate that may constitute cruel, inhuman or degrading treatment or punishment or even torture.
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Personnes concernées
- All
- Année
- 2011
Paragraphe
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.
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Gender
- Governance & Rule of Law
- Health
- Personnes concernées
- Men
- Women
- Année
- 2016
Paragraphe
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).
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Année
- 2016
Paragraphe
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.
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Gender
- Violence
- Personnes concernées
- Girls
- LGBTQI+
- Women
- Année
- 2016
Paragraphe
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;
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- Children
- Girls
- LGBTQI+
- Women
- Année
- 2016
Paragraphe
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.
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Gender
- Humanitarian
- Violence
- Personnes concernées
- All
- Année
- 2016
Paragraphe
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 73
- Paragraph text
- The right to a lawyer entails the right to meet in private and consult and communicate in full confidentiality before any interview, which is essential to preserve defence rights and enable detainees to raise issues about treatment in custody.
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- Persons on the move
- Année
- 2016
Paragraphe
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.
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- N.A.
- Année
- 2010
Paragraphe
Impunity as a root cause of the prevalence of torture 2010, para. 65
- Paragraph text
- It is important to note that the services provided by rehabilitation centres for the victims of torture go beyond the medical aspects of rehabilitation. They also contribute to raising awareness of the issue of torture and the establishment of justice. Alerting and informing society of the prevalence of torture and States' involvement in it can trigger public pressure and eventually bring about policy changes. During his visit to the Republic of Moldova, the Special Rapporteur was impressed with the work of the Medical Centre for Rehabilitation of Torture Victims in Chisinau, which had managed to inform, train and mobilize lawyers, journalists and other professionals in order to support victims and disseminate information about cases of torture, both within the country and abroad. In the United Kingdom of Great Britain and Northern Ireland, the Medical Foundation for the Care of Victims of Torture initiates programmes of survivor activism, encouraging victims to share with the public their stories, images and communications about survival, and works to make their voices heard. Similarly, centres in Argentina, Brazil and Chile are at the forefront when it comes to dealing with the legacy of the national security regimes and the continuing impunity for the crimes committed during those periods. In many countries, rehabilitation centres engage in campaigns advocating for legal reform and the passing of laws that comply with the Convention against Torture and its Optional Protocol. In Pakistan, Struggle for Change, aside from providing multidisciplinary services to survivors, played a leading role in national advocacy efforts that eventually contributed to the ratification of the Convention.
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Violence
- Année
- 2010
Paragraphe
Impunity as a root cause of the prevalence of torture 2010, para. 66
- Paragraph text
- Rehabilitation centres also assume a decisive role in holding perpetrators accountable. With their forensic expertise they ensure that torture traumas, whether visible or invisible, are scrupulously documented before they disappear. Even if, at the time of the examination, it may seem unlikely that proceedings will be held, adequate records can eventually constitute crucial evidence in later criminal or civil cases. In this regard, the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol) provides an important standard for the documentation of abuse, which goes beyond the therapeutic purpose in a narrow sense. Medical records can be instrumental in overcoming the otherwise lack of objective evidence with which survivors of torture are so commonly confronted, given that torture mostly takes place without witnesses. They provide evidence which can corroborate the victim's account of the ordeal. Establishing the facts of torture before a court and holding perpetrators accountable can give torture survivors a sense of justice and facilitate both a coming to terms with their past suffering and a comprehensive process of healing. Additionally, monetary compensation as a result of civil proceedings may provide the necessary funds for additional medical treatment. Acknowledging the importance of the Istanbul Protocol, the International Rehabilitation Council for Torture Victims and the Turkish Medical Association, together with the Government of Turkey, concluded last year the training of 4,000 medical doctors, 1,000 prosecutors and 500 judges.
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2010
Paragraphe
Impunity as a root cause of the prevalence of torture 2010, para. 88
- Paragraph text
- While the appalling conditions of detention in most countries of the world could be effectively addressed by adopting a special United Nations convention on the rights of detainees, no further standard setting is required to combat torture. Its prohibition is one of the few absolute and non-derogable human rights and part of ius cogens, and the Convention against Torture and its Optional Protocol contain a broad range of very specific positive State obligations aimed at preventing and combating torture. If States parties to the Convention and the Optional Protocol would abide by their legally binding obligations, torture could easily be eradicated.
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Persons on the move
- Année
- 2010
Paragraphe
Solitary confinement 2011, para. 27
- Paragraph text
- International and regional human rights bodies have taken different approaches to address the underlying conditions of social and physical isolation of detainees, and whether such practices constitute torture or cruel, inhuman or degrading treatment or punishment. For example, while the European Court of Human Rights has confronted solitary confinement regimes with regularity, the United Nations Human Rights Committee and the Inter-American Court of Human Rights have most extensively addressed the related phenomenon of incommunicado detention. For the purposes of this report, the Special Rapporteur will highlight the work of universal and regional human rights bodies on solitary confinement only.
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Persons on the move
- Année
- 2011
Paragraphe
Solitary confinement 2011, para. 48
- Paragraph text
- The principal physical conditions relevant to solitary confinement are cell size, presence of windows and light, and access to sanitary fixtures for personal hygiene. In practice, solitary confinement cells typically share some common features, including: location in a separate or remote part of the prison; small, or partially covered windows; sealed air quality; stark appearance and dull colours; toughened cardboard or other tamperproof furniture bolted to the floor; and small and barren exercise cages or yards (E/CN.4/2006/6/Add.3, para. 47). In some jurisdictions, prisoners in solitary confinement are held in leg irons and subjected to other physical restraints (A/HRC/13/39/Add.4, para. 76 (f)).
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Health
- Année
- 2011
Paragraphe
Solitary confinement 2011, para. 54
- Paragraph text
- Solitary confinement reduces meaningful social contact to an absolute minimum. The level of social stimulus that results is insufficient for the individual to remain in a reasonable state of mental health.
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- All
- Année
- 2011
Paragraphe
Solitary confinement 2011, para. 37
- Paragraph text
- The jurisprudence on solitary confinement within the Inter-American System on Human Rights is more conclusive than within the bodies discussed above. Since its earliest judgments, the Inter-American Court of Human Rights has found that certain elements of a prison regime and certain physical prison conditions in themselves constitute cruel and inhuman treatment, and therefore violate article 5 of the American Convention on Human Rights, which recognizes the right to the integrity of the person. For example, the Court held that "prolonged isolation and deprivation of communication are in themselves cruel and inhuman treatment, harmful to the psychological and moral integrity of the person and a violation of the right of any detainee to respect for his inherent dignity as a human being". The Court has additionally addressed physical conditions of detention, asserting that "isolation in a small cell, without ventilation or natural light, ... [and] restriction of visiting rights ..., constitute forms of cruel, inhuman and degrading treatment".
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2011
Paragraphe
Solitary confinement 2011, para. 40c
- Paragraph text
- [The justifications provided by States for the use of solitary confinement fall into five general categories:] To facilitate prison management of certain individuals;
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2011
Paragraphe
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 38
- Paragraph text
- Following a number of executions in the United States, it has recently become apparent that the regimen, as currently administered, does not work as efficiently as intended. Some prisoners take many minutes to die and others become very distressed. New studies conclude that even if lethal injection is administered without technical error, those executed may experience suffocation, and therefore the conventional view of lethal injection as a peaceful and painless death is questionable. Experts suggest that current protocols used for lethal injection in the United States probably violate the prohibition of cruel and unusual punishment.
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Health
- Année
- 2012
Paragraphe
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 30
- Paragraph text
- In paragraph 7 of its resolution 1996/15, the Economic and Social Council urged Member States in which the death penalty might be carried out to effectively apply the Standard Minimum Rules for the Treatment of Prisoners in order to keep to a minimum the suffering of prisoners under sentence of death and to avoid any exacerbation of such suffering. Taking into account new forensic evidence and discussions concerning the various forms of executions and the situation of persons sentenced to death awaiting execution on death row, the Special Rapporteur urges serious reconsideration of whether the actual practice of the death penalty amounts to cruel, inhuman and degrading treatment, or even torture.
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2012
Paragraphe
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 36
- Paragraph text
- In 1994, the High Court of the United Republic of Tanzania found, in the Mbushuu' case that the death penalty was unconstitutional on the grounds that execution by hanging violated the right to dignity of a person and constituted inherently cruel, inhuman and degrading treatment. In the Kigula case (2009) before the Supreme Court of Uganda, Justice Egonda Ntende, in dissent, cited powerful evidence of the cruel, inhuman and degrading nature of hanging. Finding the expert evidence concerning hangings to be chilling, Justice Ntende concluded that various practices associated with hanging in Uganda, including subjecting those who do not die instantly to bludgeoning or the plucking off of heads, constituted, without a doubt, cruel, inhuman and degrading treatment.
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2012
Paragraphe
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 52
- Paragraph text
- In relation to the enforcement of the death penalty, the Human Rights Committee has recommended that families of death row inmates be given reasonable advanced notice of the scheduled date and time of execution, with a view to reducing the psychological suffering caused by the lack of opportunity to prepare themselves for that event (CCPR/C/JPN/CO/5, para. 16). Similarly, in Staselovich v. Belarus, the Committee found that the failure of the authorities to notify the mother of the scheduled date for the execution of her son and their subsequent persistent failure to notify her of the location of her son's grave amounted to inhuman treatment of the mother. Secrecy and the refusal to hand over remains to families are especially cruel features of capital punishment, highlighting the need for total transparency and avoidance of harm to innocents in the whole process.
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Personnes concernées
- Families
- Année
- 2012
Paragraphe
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.
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2012
Paragraphe
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 74
- Paragraph text
- To date, the death penalty has been treated under the provisions concerning the right to life, and therein as an exception provided for by international law. A new approach is needed as there is evidence of an evolving standard within international bodies and a robust State practice to frame the debate about the legality of the death penalty within the context of the fundamental concepts of human dignity and the prohibition of torture and cruel, inhuman or degrading treatment or punishment. This evolving standard, along with the resulting illegality of the death penalty under such prohibition, is developing into a norm of customary law, if it has not already done so.
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2012
Paragraphe
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;
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Année
- 2012
Paragraphe
Commissions of inquiry 2012, para. 26a
- Paragraph text
- [Commissions of inquiry may also be designed to address other objectives, including:] To contribute to accountability for perpetrators;
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- N.A.
- Année
- 2012
Paragraphe
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.
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Année
- 2012
Paragraphe
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 72
- Paragraph text
- An increasing number of national constitutional courts and political instances have pronounced their conviction that the death penalty is a cruel, inhuman and degrading treatment not reconcilable with the inherent right to physical and mental integrity and human dignity. It can be said, therefore, that there is an evolving standard whereby States and judiciaries consider the death penalty to be a violation per se of the prohibition of torture or cruel, inhuman or degrading treatment. A review of precedents to determine the existence of such a norm as an already established custom is beyond the capacity of the present report. Nevertheless, the Special Rapporteur is convinced that a customary norm prohibiting the death penalty under all circumstances, if it has not already emerged, is at least in the process of formation.
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2012
Paragraphe
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;
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2012
Paragraphe