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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
Commissions of inquiry 2012, para. 51c
- 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:] Facilitation of prosecution and/or, as appropriate, disciplinary sanctions for those indicated by the investigation as being responsible and demonstration of the need for full reparation and redress from the State, including fair and adequate financial compensation and provision of the means for medical care and rehabilitation. The characteristics of an effective investigation include the establishment of a mechanism that can receive and investigate complaints, competent and impartial investigators, careful documentation of crimes perpetrated, and adequate protection of victims, witnesses and those conducting investigations. Only when an allegation is manifestly ill-founded should a public official implicated be allowed to retain office pending the outcome of an investigation and any subsequent legal or disciplinary proceedings.
- 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
- Health
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Commissions of inquiry 2012, para. 57
- Paragraph text
- The wealth of experience in national and international commissions of inquiry is a source of multiple lessons on both good and bad practices. The Istanbul Protocol and the Principles to Combat Impunity provide examples of standard-setting that apply to the institution, objectives, working methods and outcomes of commissions of inquiry. Given the wide variety of contexts and purposes for which commissions of inquiry are created, standards should be understood to be indicative and not fully binding as a matter of international law. Nevertheless, it is important to discuss standards as a way to determine when and how commissions of inquiry actually advance principles of international law and aid States, and the international community, in the fulfilment of their international legal obligations.
- 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
- N.A.
- Année
- 2012
Paragraphe
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.
- 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
- Année
- 2012
Paragraphe
Review of the standard minimum rules for the treatment of prisoners 2013, para. 38
- Paragraph text
- Given the excessive use of pretrial detention for long periods of time, it is absolutely necessary to ensure that all persons deprived of liberty have access to activities and can benefit from other privileges to which the general prison population is entitled. The Special Rapporteur acknowledges that it may be difficult to implement this principle, given the fairly rapid turnover of persons awaiting trial and the fact that police stations and other detention facilities may not be adapted for this purpose. As the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment has noted, however, prisoners cannot simply be left to languish for weeks, possibly months, locked up in their cells (see CPT/Inf (92) 3, para. 47).
- 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
- Persons on the move
- Année
- 2013
Paragraphe
Review of the standard minimum rules for the treatment of prisoners 2013, para. 44
- Paragraph text
- It is equally important that interrogation rules, instructions, methods and practices be kept under systematic review with a view to preventing cases of torture and other ill-treatment (Convention against Torture, art. 11). The Special Rapporteur recalls that counsel must be present during all interview interrogations, in their entirety. The duration of interrogations and the intervals between interrogations must be recorded (preferably with a video recorder but at least with an audio recorder) and the identity of the officials conducting the interrogation should be registered (Body of Principles, principle 23). Individuals arrested legally should not be held in facilities under the control of their interrogators or investigators for more time than is required by law to obtain a judicial warrant of pretrial detention, which, in any case, should not exceed a period of 48 hours. They should be transferred to a pretrial facility under a different authority at once, after which no further unsupervised contact with the interrogators or investigators should be permitted (see E/CN.4/2003/68, para. 26 (g)).
- 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
- 2013
Paragraphe
Review of the standard minimum rules for the treatment of prisoners 2013, para. 56
- Paragraph text
- Finally, the Special Rapporteur emphasizes that health professionals must not, under any circumstance, consent or acquiesce to torture or other ill-treatment, let alone take active part in any such ill-treatment (Principles of Medical Ethics, principles 2 and 3, and the Ethical Principles for Medical Research Involving Human Subjects). Such prohibition extends to such practices as examining detainees to determine their "fitness for interrogation", as well as to providing medical treatment to ill-treated detainees so as to enable them to withstand further abuse (E/CN.4/2003/68, para. 26 (n)). It is important that the Rules exclude the involvement and role of health-care personnel in any disciplinary or security-related measures (Rule 32 (1)). Medical personnel shall, nonetheless, closely monitor the mental and physical health of inmates undergoing punishment and visit them as deemed medically necessary or upon the request of the person deprived of liberty.
- 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
- Persons on the move
- Année
- 2013
Paragraphe
Commissions of inquiry 2012, para. 22
- Paragraph text
- The Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Istanbul Protocol) provides comprehensive guidance on the relevant international legal standards and ethical obligations for investigative procedures, interviews and collection of both physical and psychological evidence of torture, including a section on commissions of inquiry into torture and other forms of ill-treatment. In addition, the updated set of principles for the protection and promotion of human rights through action to combat impunity contains eight principles specific to commissions of inquiry. However, the circumstances under which commissions of inquiry are appropriate, and the ways in which they may provide unique benefits, remain little discussed.
- 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
- 2012
Paragraphe
Review of the standard minimum rules for the treatment of prisoners 2013, para. 72
- Paragraph text
- Rules 82 and 83 should be replaced with a provision that applies to all persons with disabilities. Such a provision should state explicitly that inmates with disabilities are entitled to be eligible for all programmes and services available to others, including voluntary engagement in activities and community release programmes, and to be housed in the general prison population on an equal basis with others without discrimination. It should also provide a clear articulation of certain rights enshrined in the Convention on the Rights of Persons with Disabilities: the duty to provide reasonable accommodation (arts. 5 and 14); the duty to work towards creating an accessible environment (art. 9); the duty to ensure that persons with disabilities have access to all amenities without having to rely on assistance from fellow inmates (e.g., arts. 5, 20 and 28); the duty to respect the choices of persons with disabilities and to establish effective mechanisms to support decision-making in order to enable people with psychosocial or intellectual disabilities to exercise their legal capacity on an equal basis with others (see arts. 12 and 13).
- 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
- Personnes concernées
- Persons with disabilities
- Année
- 2013
Paragraphe
Commissions of inquiry 2012, para. 58
- Paragraph text
- A commission of inquiry should be given the means to conduct a serious and rigorous examination of facts, most of which will be hidden or difficult to ascertain. For that reason, it is imperative that a commission have at its disposal the financial resources to travel, to provide for witness protection, to commission reports from experts and to finance forensic investigations and examinations. A commission should be able to hire staff of confidence and with proven professional expertise, including legal counsel, who should be shielded from political influence. Technical expertise and investigatory experience should be part of the recruitment 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
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Review of the standard minimum rules for the treatment of prisoners 2013, para. 40
- Paragraph text
- As a principle of general application, the Rules should explicitly consider all inmates as subjects of rights and duties and not objects of treatment or correction. Given that mental ill-treatment may be inflicted under the name of remedial, educational, moral, spiritual and other forces and forms of assistance, the review process offers an opportunity to revisit Rule 59 in order to limit the applicable methods to those respectful of the prisoners' inherent dignity and value as human beings. In this respect, there is a need to revisit the concepts of "rehabilitation" and "re-education", as well as of "corrective" and "correctional", among others, in order to protect persons deprived of liberty from arbitrary intervention or treatment that may amount to torture or other 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
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Année
- 2013
Paragraphe
Review of the standard minimum rules for the treatment of prisoners 2013, para. 27
- Paragraph text
- While the Rules focus mainly on the situation of persons deprived of liberty in prisons, pretrial detention centres and police stations, in practice, States' obligations to ensure respect for human rights extend beyond police custody and prisons. The broad concept of deprivation of liberty is reflected in several international instruments, including the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, in which "deprivation of liberty" is understood to mean any form of detention or imprisonment or the placement of a person in a public or private custodial setting which that person is not permitted to leave at will by order of any judicial, administrative or other authority (art. 4 (2)). The language used by the Inter-American Commission on Human Rights is also enlightening. By its resolution 1/08, the Commission understands the concept of "deprivation of liberty" to encompass the following: Any form of detention, imprisonment, institutionalization or custody of a person in a public or private institution which that person is not permitted to leave at will … This category of persons includes … those persons who are under the custody and supervision of certain institutions, such as: psychiatric hospitals and other establishments for persons with physical, mental or sensory disabilities; institutions for children and the elderly; centers for migrants, refugees, asylum or refugee status seekers, stateless and undocumented persons; and any other similar institution the purpose of which is to deprive persons of their liberty. For the purpose of this report, the broad term of persons deprived of liberty will be used to refer to all the above-mentioned situations.
- 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
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Children
- Persons with disabilities
- Année
- 2013
Paragraphe
Review of the standard minimum rules for the treatment of prisoners 2013, para. 35
- Paragraph text
- The principle of humane treatment of persons deprived of liberty constitutes the starting point for any consideration of prison conditions and the design of prison regimes. It complements and overlaps the principle on the prohibition of torture and other ill-treatment by requiring States (and consequently the prison authorities) to take positive measures to ensure minimum guarantees of humane treatment for persons in their custodial care (see Human Rights Committee general comment No. 21, para. 3). Treating all persons deprived of their liberty with humanity and with respect for their dignity is a fundamental and universally applicable rule, the application of which, at a minimum, cannot be dependent on the material resources available in the State party to the International Covenant on Civil and Political Rights (para. 4). In this regard, the Inter-American Court of Human Rights has consistently affirmed that States cannot invoke economic hardship to justify imprisonment conditions that do not comply with the minimum international standards and respect the inherent dignity of the human being.
- 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
- 2013
Paragraphe
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 80d
- 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 improve conditions on death row in accordance with international standards, such as the Standard Minimum Rules for the Treatment of Prisoners and the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment; all persons deprived of their liberty must be treated with humanity and with respect for the inherent dignity of the human person, as protected by article 10, paragraph 1, of the International Covenant on Civil and Political Rights;
- 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
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).
- 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
- Année
- 2013
Paragraphe
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. 38
- Paragraph text
- In the context of prioritizing informed consent as a critical element of a voluntary counselling, testing and treatment continuum, the Special Rapporteur on the right to health has also observed that special attention should be paid to vulnerable groups. Principles 17 and 18 of the Yogyakarta Principles, for instance, highlight the importance of safeguarding informed consent of sexual minorities. Health-care providers must be cognizant of, and adapt to, the specific needs of lesbian, gay, bisexual, transgender and intersex persons (A/64/272, para. 46). The Committee on Economic, Social and Cultural Rights has indicated that the International Covenant on Economic, Social and Cultural Rights proscribes any discrimination in access to health-care and the underlying determinants of health, as well as to means and entitlements for their procurement, on the grounds of sexual orientation and gender identity.
- 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
- Health
- Personnes concernées
- LGBTQI+
- Année
- 2013
Paragraphe
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. 47
- Paragraph text
- In the case of R.R. v. Poland, for instance, ECHR found a violation of article 3 in the case of a woman who was denied access to prenatal genetic testing when an ultrasound revealed a potential foetal abnormality. The Court recognized "that the applicant was in a situation of great vulnerability" and that R.R.'s access to genetic testing was "marred by procrastination, confusion and lack of proper counselling and information given to the applicant". Access to information about reproductive health is imperative to a woman's ability to exercise reproductive autonomy, and the rights to health and to physical integrity.
- 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
- Personnes concernées
- Women
- Année
- 2013
Paragraphe
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. 54
- Paragraph text
- Generally, denial of pain treatment involves acts of omission rather than commission, and results from neglect and poor Government policies, rather than from an intention to inflict suffering. However, not every case where a person suffers from severe pain but has no access to appropriate treatment will constitute cruel, inhuman, or degrading treatment or punishment. This will only be the case when the suffering is severe and meets the minimum threshold under the prohibition against torture and ill-treatment; when the State is, or should be, aware of the suffering, including when no appropriate treatment was offered; and when the Government failed to take all reasonable steps to protect individuals' physical and mental integrity.
- 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
- All
- Année
- 2013
Paragraphe
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 40
- Paragraph text
- In order to effectively detect and document torture and other ill-treatment in places of detention, there must be a system of routine medical screenings at entry, periodically during incarceration, at exit, at all transfers and upon request. Such screenings must be capable of identifying both physical and psychological symptoms that may indicate that torture or other ill-treatment has taken place. Where the screenings identify such symptoms, a full article 12 Convention against Torture investigation must be conducted, including by offering the detainee an immediate full forensic evaluation in accordance with the Istanbul Protocol. It is essential that the detainee meet the forensic expert in a setting that is free of any surveillance or pressure and that the evaluation takes place in full confidentiality. The Special Rapporteur reiterates that it is of utmost importance that prison authorities, police, military and prison health professionals provide medical reports in a timely manner.
- 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
- Health
- Personnes concernées
- Persons on the move
- Année
- 2014
Paragraphe
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 52
- Paragraph text
- Collection and forensic evaluation of psychological evidence involves the assessment of an individual's psychological condition and the causes thereof. The process of forensic psychological evaluation parallels the analytical process for the forensic evaluation of physical evidence: determining the consistency of allegations with the victim's experience and existing sequelae. A rigorous, extensive and intensive psychometric and psychiatric assessment can have high probative value. Moreover, the Istanbul Protocol emphasizes a comprehensive physical and psychological evaluation considered together as the forensic cornerstone to verifying a victim's allegations of torture. This comprehensive forensic evaluation and verification of allegations includes knowledge of human rights and political context, the personal biographical history, previous health records, description of the acts of torture, consistency between verbal and non-verbal communication, coherence in the events described, consistency between the events described and the emotion and resonance with which they are expressed, acute symptoms, social life and circumstances. The Istanbul Protocol should be used for assessment of allegations of torture and medico-legal reports undertaken in compliance with the standards and principles of the Protocol, including independence and impartiality, present reliable findings on torture. These medico-legal reports therefore should be considered as reliable evidence on the issue of whether torture has or has not been perpetrated. There have been noticeable positive steps towards recognition of psychological evidence as probative and integral. While the European Court and the Inter-American system seem to afford an important role to psychological evidence in relation to proving allegations of torture of primary victims as well as their dependents, there is still a need for significant improvements at the national level.
- 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
- Health
- Personnes concernées
- All
- Année
- 2014
Paragraphe
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 55
- Paragraph text
- Too often the victim's participation in legal proceedings only generates additional distress for the torture survivor and to witnesses, lawyers and health professionals subjected to threats. Safeguards and mechanisms should be in place to enable victims, health and legal professionals to report allegations and evidence of torture and other ill-treatment in an environment free from any harassment, intimidation or retaliation and in a manner compliant with their duties of confidentiality. Courts are responsible for their protection against any threat or intimidation, since such acts compromise the integrity of the judicial process as a whole.
- 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
- Health
- Personnes concernées
- All
- Année
- 2014
Paragraphe
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 56
- Paragraph text
- To promote the value and use of medical documentation of torture and broaden the level of implementation of the international standards contained in the Istanbul Protocol, a new initiative has been launched. The Istanbul Protocol Plan of Action is spear-headed by civil society organizations (the International Rehabilitation Council for Torture Victims, Physicians for Human Rights, Redress and Human Rights Foundation Turkey). The Special Rapporteur supports this initiative, which seeks formal State recognition of the Istanbul Protocol so that administrative, legislative, judicial and independent human rights authorities adopt and apply the Protocol.
- 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
- Health
- Personnes concernées
- N.A.
- Année
- 2014
Paragraphe
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 39
- Paragraph text
- Therefore, where a detainee or any other person alleges torture or other ill-treatment or where there is reason to believe that torture or other ill-treatment has happened, alleged victims should be given an immediate examination by a doctor who can make an accurate report without interference by the authorities. Forensic evaluation must conform to established standards of medical practice, be undertaken only with prior informed consent, conducted in private and take full account of the victim's statements. The undertaking of such evaluation should not be dependent on the initiation of an official investigation or subject to prior authorization by an investigating authority. Furthermore, the right to request an independent medical evaluation should also extend to members of the detainee's family and other bodies designated to receive complaints. In cases of death in custody, the deceased's family and, in their absence, other interested parties, must have the right to request an autopsy to be performed by an independent health professional of their choice.
- 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
- Health
- Année
- 2014
Paragraphe
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 59
- Paragraph text
- States have an obligation to put in place and apply an effective process of evidence collection that accords with the Istanbul Protocol to comply with their obligation to investigate allegations of torture and other ill-treatment. The Special Rapporteur notes that adequate, extensive forensic evaluation in accordance with the Istanbul Protocol, and the effective training of health, legal and other professionals involved in documenting and investigations of torture and other ill-treatment, will positively impact the detection and prevention of torture. Properly supported cases with good quality forensic reports are revolutionizing the investigation of torture and improving outcomes. Good reports include analysis and interpretation of findings in terms of consistency with alleged events. They make clear that the absence of outward signs does not exclude the events from having happened.
- 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
- Health
- Personnes concernées
- All
- Année
- 2014
Paragraphe
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 68b
- Paragraph text
- [Recommendations regarding the effective investigation of allegations of torture or other ill-treatment:] Ensure that all forensic evaluations, including compulsory medical examinations in pretrial detention and the penitentiary system, are independent of law enforcement, prosecution and/or military authority; funding and supervision of such health professionals should be separate from the criminal justice system, and health professionals should have sufficient security of status and employment to ensure independence; and forensic medical services should be under the highest judicial or health services authority, not under the same governmental authority as the police and the penitentiary system;
- 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
- Health
- Personnes concernées
- All
- Année
- 2014
Paragraphe
The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 30
- Paragraph text
- The admission of evidence, including real evidence obtained through a violation of the absolute prohibition of torture and other ill-treatment in any proceedings, constitutes an incentive for law enforcement officers to use investigative methods that breach those absolute prohibitions. It indirectly legitimizes such conduct and objectively dilutes the absolute nature of the prohibition. The exclusionary rule is not limited to criminal proceedings but extends to military commissions, immigration boards and other administrative or civil proceedings. Moreover, the use of the phrase "any proceedings" suggests that a broader range of processes is intended to be covered; essentially, any formal decision-making by State officials based on any type of information.
- 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
- Movement
- Personnes concernées
- All
- Année
- 2014
Paragraphe
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. 23
- Paragraph text
- The Committee against Torture interprets State obligations to prevent torture as indivisible, interrelated, and interdependent with the obligation to prevent cruel, inhuman, or degrading treatment or punishment (ill-treatment) because "conditions that give rise to ill-treatment frequently facilitate torture". It has established that "each State party should prohibit, prevent and redress torture and ill-treatment in all contexts of custody or control, for example, in prisons, hospitals, schools, institutions that engage in the care of children, the aged, the mentally ill or disabled, in military service, and other institutions as well as contexts where the failure of the State to intervene encourages and enhances the danger of privately inflicted harm".
- 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
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Children
- Persons with disabilities
- Année
- 2013
Paragraphe
The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 31
- Paragraph text
- It is of great concern that, in practice, the burden of proof on the admissibility of material obtained by torture or other ill-treatment in courts, seems to lie with the defendant rather than with the State, creating a real risk that such evidence is admitted in court because the individual is unable to prove that it was obtained under torture. The Special Rapporteur finds that the central question is the interpretation of the word "established" in article 15 of the Convention. In this context, it is necessary to have due regard for the special difficulties in proving allegations of torture, which is often practised in secret by experienced interrogators who are skilled at ensuring that no visible signs are left on the victim. In addition, all too frequently those who are charged with ensuring that torture or other ill-treatment does not occur are complicit in its concealment.
- 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
- 2014
Paragraphe
The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 40
- Paragraph text
- The prohibition against torture and other cruel, inhuman or degrading treatment or punishment enjoys the enhanced status of a jus cogens or peremptory norm of general international law and requires States not merely to refrain from authorizing or conniving at torture or other ill-treatment but also to suppress, prevent and discourage such practices. States have not only the obligation to "respect", but to "ensure respect" for, the absolute prohibition against torture. In this context, the Human Rights Committee has authoritatively interpreted article 7 of the International Covenant on Civil and Political Rights and found that it is not sufficient for the implementation of article 7 to prohibit such treatment or punishment, or to make it a crime: States should inform the Committee of the measures they take to prevent and punish acts of torture or other ill-treatment in any territory under their jurisdiction.
- 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
- 2014
Paragraphe
The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 66
- Paragraph text
- The exclusionary rule covers the exclusion of statements obtained through torture or other ill-treatment of the defendant himself, or of a third party, and evidence obtained in a third State, even if the State seeking to rely on the information had no previous involvement in or connection to the acts of torture or other ill-treatment. Similarly, documentary or other evidence obtained as a result of acts of torture or other ill-treatment must be excluded, irrespective of whether such evidence has been corroborated or is not the only decisive evidence in the case.
- 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
- 2014
Paragraphe
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. 46
- Paragraph text
- International and regional human rights bodies have begun to recognize that abuse and mistreatment of women seeking reproductive health services can cause tremendous and lasting physical and emotional suffering, inflicted on the basis of gender. Examples of such violations include abusive treatment and humiliation in institutional settings; involuntary sterilization; denial of legally available health services such as abortion and post-abortion care; forced abortions and sterilizations; female genital mutilation; violations of medical secrecy and confidentiality in health-care settings, such as denunciations of women by medical personnel when evidence of illegal abortion is found; and the practice of attempting to obtain confessions as a condition of potentially life-saving medical treatment after abortion.
- 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
- Harmful Practices
- Health
- Violence
- Personnes concernées
- Women
- Année
- 2013
Paragraphe
Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 23
- Paragraph text
- According to article 4 (1) of the Convention, interpreted in line with international criminal law jurisprudence, "complicity" contains three elements: (a) contribution by way of assistance, encouragement or support; (b) a substantial effect on the perpetration of the crime; and (c) knowledge that the help rendered assists in the perpetration of the crime. Thus, individual responsibility for complicity in torture arises also in situations in which State agents do not themselves directly inflict torture or other ill-treatment but direct or allow others to do so, or acquiesce in it. In addition, orders from superiors or other public authorities cannot be invoked as a justification or excuse. Similarly, draft article 16 requires either the knowledge that the assistance is facilitating the wrongful act, or that there is an intention to do 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
- 2015
Paragraphe
The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 36
- Paragraph text
- The very secrecy of such evidence undermines the preventive element of the exclusionary rule. Wherever secret evidence is admitted there is an enhanced risk that evidence obtained by torture or other ill-treatment will be admitted, whether deliberately or inadvertently, since such evidence cannot be challenged in open court. In addition, much of the closed evidence used in cases which concern national security is heavily reliant on information from secret intelligence sources. Such evidence may contain second- or third- hand testimony, or other material which would not normally be admissible in ordinary criminal or civil proceedings. Effective control of the implementation of the exclusionary rule and assessment of the compatibility of the conduct of the Government with the exclusionary rule in secret proceedings becomes difficult or even impossible.
- 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
- N.A.
- Année
- 2014
Paragraphe
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 25
- Paragraph text
- Under article 37 (b) of the Convention on the Rights of the Child and explained by the Committee on the Rights of the Child in its general comment No. 10 (CRC/C/GC/10), the deprivation of liberty of a child should be a last resort measure to be used only for the shortest possible period of time. Similarly, the Havana Rules require that deprivation of liberty be limited to exceptional cases. Both the Beijing Rules and the Riyadh Guidelines emphasize this principle. In addition, the best interests of the child must be a primary consideration in every decision on initiating or continuing the deprivation of liberty of a child.
- 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
- Social & Cultural Rights
- Personnes concernées
- Children
- Année
- 2015
Paragraphe
Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 42
- Paragraph text
- The obligations enshrined in the Convention also apply to State vessels patrolling or conducting border control operations on the high seas and States' pushbacks of migrants under their jurisdiction can breach the prohibition of torture and ill-treatment and non-refoulement obligations. In the context of migration control, the Special Rapporteur has urged migration authorities to ensure that measures do not further traumatize victims; that there are alternatives to detention; that reception centres comply with international human rights standards; and that migrants and asylum seekers should be individually assessed, including their need for protection. This is in line with the pronouncement by the Human Rights Committee that these safeguards apply to all individuals regardless of nationality or statelessness, including asylum seekers, refugees, migrant workers and other persons in the territory or subject to the jurisdiction of the State party.
- 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
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2015
Paragraphe
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.
- 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
- 2015
Paragraphe
Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 46
- Paragraph text
- The Convention requires States to criminalize all acts of torture "wherever they occur, and to establish criminal jurisdiction over various extraterritorial acts of torture, including universal jurisdiction when an offender is present in 'any territory under its jurisdiction'". Universal jurisdiction exists in recognition that some international norms are erga omnes, that is, owed to the international community as a whole. At a minimum, the domestic courts of all States have the power to prosecute under international law those responsible for crimes against humanity, war crimes (including serious violations of common article 3 of the Geneva Conventions of 12 August 1949 on the protection of victims of war), genocide and 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
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2015
Paragraphe
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.
- 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
- 2015
Paragraphe
Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 32
- Paragraph text
- The obligation enshrined in article 2 of the Convention, which requires States to take effective legislative, administrative, judicial and other measures to prevent torture in "any territory under [their] jurisdiction", applies to all areas and places "where the State party exercises, directly or indirectly, in whole or in part, de jure or de facto effective control"; furthermore, the scope of "territory" in article 2 encompasses "situations where a State party exercises, directly or indirectly, de facto or de jure control over persons in detention" and applies to "all persons under the effective control of its authorities, of whichever type, wherever located in the world" (CAT/C/USA/CO/2, para. 15). The Committee has clarified that this applies to all provisions expressed as applicable to territory under the State party's jurisdiction, which further apply, inter alia, to the prohibition against other ill-treatment contained in article 16.
- 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
- 2015
Paragraphe
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 53
- Paragraph text
- Special attention should be paid to children deprived of their liberty in health-care institutions (including hospitals, public and private clinics, hospices and institutions where healthcare is delivered). Children are detained in such settings primarily to treat psychiatric, psychosocial or intellectual disabilities, or drug dependence issues. Almost all States have legislation that permits the detention of children for psychiatric health purposes. Persons with disabilities are particularly affected by forced medical interventions, and continue to be exposed to unwarranted non-consensual medical practices (A/63/175, para. 40). During his country visits, the Special Rapporteur has observed that, in particular with regard to children with disabilities, "incapacity" is often presumed, which limits their ability to decide where to live and what treatment to receive, and may be taken as the basis of substitution of determination and decision-making by the child, or by parents, guardians, carers or public authorities. Structural inequalities, such as the power imbalance between medical doctors and patients, exacerbated by stigma and discrimination, result in children with disabilities being disproportionately vulnerable to having informed consent compromised (A/HRC/22/53, para. 29). In this context, the Committee on the Rights of Persons with Disabilities, in its general comment No. 1 (CRPD/C/GC/1), explained that involuntary psychiatric treatment is prohibited on the grounds that it violates the right to consent to medical treatment under article 12 of the Convention on the Rights of Persons with Disabilities and the absolute prohibition of torture and cruel, inhuman and degrading treatment (para. 42). The Committee on the Rights of the Child, in its general comment No. 12 (CRC/C/GC/12), stated that children should be provided with information about proposed treatments and their effects and outcomes, including in formats appropriate and accessible to children with disabilities (paras. 48 and 100).
- 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
- Children
- Persons with disabilities
- Année
- 2015
Paragraphe
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.
- 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
- 2015
Paragraphe
Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 55
- Paragraph text
- The right to a remedy is fundamental under international law and must be accessible to victims irrespective of where the violation occurred or whether the State exercising jurisdiction is the perpetrator. The Convention requires States parties to ensure in their legal systems that the victims of torture obtain redress, encompassing the concept of "effective remedy", the right to which underpins the entire Convention. Under customary international law a State's duty to make reparation for an injury is inseparable from its responsibility for commission of an internationally wrongful act (see A/56/10 and Corr.1) and, as such, the right to an effective remedy is applicable extraterritorially. It encompasses a right to know the truth about past events concerning the perpetration of serious international crimes, as reflected in international legal documents (E/CN.4/2005/102/Add.1) and jurisprudence. The United States Torture Victims Protection Act in fact provides an example of how States parties can carry out their obligations under article 14 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
- Personnes concernées
- All
- Année
- 2015
Paragraphe
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.
- 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
- 2016
Paragraphe
Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 50
- Paragraph text
- In R. v. Pinochet (No. 3), the United Kingdom House of Lords approved the extradition of the former President of Chile to face torture charges in Spain, finding that the "jus cogens nature of the international crime of torture justifies States in taking universal jurisdiction over torture wherever committed". Offences constituting jus cogens, such as torture, may be punished by any State because the offenders are "common enemies of all mankind and all nations have an equal interest in their apprehension and prosecution". It is illustrative that at least 85 States provide in their domestic law for universal jurisdiction over torture. The Special Rapporteur welcomes instances of States' exercise of universal jurisdiction to investigate international crimes such as torture, war crimes and crimes against humanity committed extraterritorially by or against non-citizens as a means to combat impunity.
- 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
- 2015
Paragraphe
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 71
- Paragraph text
- There is widespread agreement among experts that the institutionalization of children contributes to physical underdevelopment, abnormalities in brain development, reduced intellectual abilities and development, delays in speech and language development, and diminished social skills. Inappropriate conditions of detention exacerbate the harmful effects of institutionalization on children. The Special Rapporteur observes that one of the most important sources of ill-treatment of children in those institutions is the lack of basic resources and proper government oversight.
- 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
- Children
- Année
- 2015
Paragraphe
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).
- 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
- Children
- Année
- 2015
Paragraphe
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 46
- Paragraph text
- As far as the due diligence of territorial States is concerned, the Special Rapporteur is of the view that the exercise of control by an organized armed group as de facto authority over the population of a State does not deprive the people living in this territory of their rights. States therefore have a due diligence obligation to protect individuals under their jurisdiction from cruel, inhuman or degrading treatment or punishment on the part of non-State actors. Thus, even where armed groups have brought part of the national territory under their control, Governments are not absolved from doing everything feasible in the circumstances to protect their citizens from torture and 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
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- All
- Année
- 2017
Paragraphe
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 10
- Paragraph text
- In many countries, detainees are mistreated during investigations of common crimes. Pressure from politicians, supervisors, judges and prosecutors to solve high volumes of cases and inadequate measures of police performance, including systems of appraisal focusing only on the number of crimes "solved" or convictions, create perverse incentives for arrests and mistreatment. A lack of forensic methodology, training in modern criminal investigation techniques and equipment often also creates the perception that torture, ill-treatment and coercion are the easiest and swiftest ways to elicit confessions or other information.
- 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
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 19
- Paragraph text
- Irrefutable evidence from the criminal justice system demonstrates that coercive methods of questioning, even when not amounting to torture, produce false confessions. Coercion can overcome one's will to the point where he or she may doubt his or her own memory, believe accusations made against him or her or confess owing to a conviction that no one will believe his or her innocence (see Supreme Court of Canada, R. v. Oickle). DNA exonerations in some jurisdictions reveal that more than one fourth of wrongfully convicted persons made a false confession or incriminating statement. Studies reveal that the more coercive the questioning, the higher the probability that it will result in a false confession, and, in addition, that criminal defendants who falsely confess and plead "not guilty" at trial are nonetheless convicted 81 per cent of the time, often on the basis of their confessions alone.
- 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
- 2016
Paragraphe
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 83
- Paragraph text
- Regular and independent monitoring of places where children are deprived of their liberty is a key factor in preventing torture and other forms of ill-treatment. Monitoring should be conducted by an independent body, such as a visiting committee, a judge, the children's ombudsman or the national preventive mechanisms with authority to receive and act on complaints and to assess whether establishments are operating in accordance with the requirements of national and international standards. Independent monitoring mechanisms should draw on professional knowledge in a number of fields, including social work, children's rights, child psychology and psychiatry, in order to address the multiple vulnerabilities of children deprived of their liberty and to understand the specific normative framework and overall system of child 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
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Children
- Année
- 2015
Paragraphe
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 9
- Paragraph text
- The persistent use of unlawful and improper interviewing practices is triggered by a range of local factors, including the erroneous assumption that mistreatment and coercion are necessary to obtain confessions or elicit information. The misconception that torture is a "necessary evil" is especially prevalent during interviews relating to organized crime and national security offences. In the anti terrorism context, Governments resort to "ticking bomb scenarios" in attempts to justify the use of abusive and unlawful interviewing practices, implicitly challenging the absolute and non-derogable nature of the torture prohibition under any circumstances. While some have sought to proffer faulty legal interpretations to support the use of torture, a more common policy option has been to refute that certain practices amount to torture or ill-treatment under international law.
- 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
- 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. 18
- Paragraph text
- Behavioural and brain sciences underlie the recognition that mistreatment and coercion are unreliable and counterproductive means to elicit accurate information. Torture and ill-treatment harm those areas of the brain associated with memory, mood and general cognitive function. Depending on their severity, chronicity and type, associated stressors typically impair encoding, consolidation and retrieval of memories, especially where practices such as repeated suffocation, extended sleep deprivation and caloric restriction are used in combination. Such practices weaken, disorient and confuse subjects, distort their sense of time and render them prone to fabricate memories, even if they are otherwise willing to answer questions. They are also detrimental to the establishment of trust and rapport, and compromise the interviewer's ability to understand a person's values, motivations and knowledge - elements required for a successful interview.
- 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
- Année
- 2016
Paragraphe
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 48
- Paragraph text
- In sum, the Special Rapporteur is of the view that international law must protect every human being from torture and other cruel, inhuman or degrading treatment or punishment, whoever the perpetrators may be. Throughout his tenure, the Special Rapporteur will therefore aim to contribute to closing the protection gap for victims of torture and other cruel, inhuman or degrading treatment or punishment at the hands of non-State actors, including by advocating for the mutual reinforcement of human rights and international humanitarian law obligations. In carrying out his mandate, the Special Rapporteur is also willing to explore, to the extent appropriate and practicable, the benefits of engaging in a direct dialogue with non-State actors, including de facto authorities, other armed groups and private companies, to achieve a positive impact on the ground. The Special Rapporteur will also endeavour to further contribute to the ongoing discussions on holding non-State actors accountable for human rights violations, including for acts of torture and other cruel, inhuman or degrading treatment or 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
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 36
- Paragraph text
- Of particular interest to the Special Rapporteur's mandate will be the use by many, if not all, Governments of detention as a migration management tool in arrival, transit and removal centres. During his fact-finding visits, the Special Rapporteur intends to visit places where irregular migrants are held with a view to ensuring that they are not subjected to treatment and conditions of detention amounting to torture or other cruel, inhuman or degrading treatment or punishment. The Special Rapporteur is of the view that monitoring both official and de facto places of detention where irregular migrants are held would be instrumental for assisting authorities in addressing possible cases of abuse and improving the conditions of life of this population.
- 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
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2017
Paragraphe
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 43
- Paragraph text
- In interpreting the relevant legal provisions, the Special Rapporteur will be guided, among other sources, by State practice, international jurisprudence and two soft law instruments widely recognized to reflect generally recognized conditions and modalities governing the use of force by law enforcement officials: the Code of Conduct for Law Enforcement Officials and the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. The Special Rapporteur intends to conduct his thematic work in this area based on consultations and expert meetings with relevant stakeholders and experts, and building on earlier analyses by other special procedure mandate holders who explored similar issues.
- 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
- 2017
Paragraphe
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 53
- Paragraph text
- It is recommended that interviewers begin each topic by asking open-ended questions and allow the interviewee to provide a free and uninterrupted account of the events under investigation. Contrary to complex, leading or compound questions, open-ended and neutral questions encourage memory retrieval and are less likely to induce admissions against a person's will, influence his or her account or contaminate his or her memory. Broad and open-ended questions will enable innocent suspects to provide information freely, while preventing guilty suspects from understanding their evidentiary significance.
- 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
- Année
- 2016
Paragraphe
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 54
- Paragraph text
- Throughout his tenure, the Special Rapporteur intends to continue some of the thematic work streams initiated by his predecessors, such as the envisaged protocol on non-coercive interviewing and other issues arising in the area of police custody and pretrial detention. Furthermore, the Special Rapporteur will also endeavour to widen the protection space for victims of torture and other cruel, inhuman or degrading treatment or punishment. To that end, he intends to take up a number of issues that have not yet received systematic attention from the international community, such as torture and other cruel, inhuman or degrading treatment or punishment occurring in relation to forced migration, in extra-custodial settings and at the hands of non-State actors.
- 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
- Movement
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
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.
- 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
- 2017
Paragraphe
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 21
- Paragraph text
- A definition of torture was set out in article 1 of the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1975, as follows: 1 ... torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted by or at the instigation of a public official on a person for such purposes as obtaining from him or a third person information or confession, punishing him for an act he has committed or is suspected of having committed, or intimidating him or other persons. It does not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions to the extent consistent with the Standard Minimum Rules for the Treatment of Prisoners. 2 Torture constitutes an aggravated and deliberate form of cruel, inhuman or degrading treatment or 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
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2017
Paragraphe
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 28
- Paragraph text
- Second, torture constitutes an aggravated form of cruel, inhuman or degrading treatment or punishment. “Aggravation” here refers to aggravated wrong, which does not necessarily require aggravated pain and suffering. As pointed out by the Inter-American Court of Human Rights, “the violation of an individual’s right to physical and mental integrity has different levels that range from torture to other types of abuse or cruel, inhuman or degrading treatment, the physical and mental consequences of which vary in intensity according to factors that are endogenous and exogenous to the individual (such as, duration of the treatment, age, sex, health, context, and vulnerability), which must be analysed in each specific situation”.
- 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
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personnes concernées
- All
- Année
- 2017
Paragraphe
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.).
- 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
- All
- Année
- 2017
Paragraphe
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.
- 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
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2017
Paragraphe
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 40
- Paragraph text
- In Cestaro v. Italy and Bartesaghi Gallo and Others v. Italy, the European Court of Human Rights found that the violent punching, kicking and beating with rubber truncheons of antiglobalization protestors amounted to torture. The Court noted that although none of the victims showed violence or resistance, and although all of them were manifestly unarmed, asleep or sitting with their hands raised above their heads, the police systematically and indiscriminately subjected each of them to violent beatings, intentionally inflicting severe physical and psychological suffering for purposes of retaliation and humiliation through the use of excessive, indiscriminate and manifestly disproportionate force.
- 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
- 2017
Paragraphe
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 22
- Paragraph text
- Article 1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984 provides that: The term “torture” means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.
- 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
- 2017
Paragraphe
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.
- 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
- All
- Année
- 2017
Paragraphe
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 97
- Paragraph text
- The exclusionary rule extends to any form of coercion. Confessions of guilt are valid only if made without coercion of any kind (see American Convention on Human Rights, art. 8 (3)). The Luanda Guidelines recall that confessions or other evidence obtained by any means of coercion or force, including during incommunicado detention, cannot be admitted as evidence or considered as probative of any facts at trial or sentencing.
- 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
- 2016
Paragraphe
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 19
- Paragraph text
- Women and girls are at particular risk of sexual assault by male prisoners and prison staff, including rape, insults, humiliation and unnecessary invasive body searches. Added to the trauma of sexual abuse is the particular stigmatization women in these situations face, for instance for having engaged in extramarital sexual relations or due to the risk of pregnancy or of sexual abuse leading to the inability to have children. Sexual humiliation may occur when male guards watch female prisoners in intimate moments such as dressing or showering. The risk of sexual and other forms of violence can arise during transfers to police stations, courts or prisons, and particularly where male and female prisoners are not separated or when male staff transport female prisoners. Separating male and female detainees and ensuring that female detainees are supervised by female guards and prison officials are key safeguards against abuse. Rule 81 of the Nelson Mandela Rules mandates that male staff must not enter a women's institution unless they are accompanied by a female officer. Many States nevertheless fail to adhere to this and other unambiguous requirements. Abuses can occur even when female and male living quarters within an institution are separate, for instance when women's access to such basic necessities as fresh water is circumscribed by their exclusive availability in male quarters (CAT/OP/BEN/1). Furthermore, authorities' failure to prevent inter-prisoner violence amounts to torture or ill-treatment (A/HRC/13/39/Add.3).
- 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
- Violence
- Personnes concernées
- Girls
- Women
- Année
- 2016
Paragraphe
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 70f
- Paragraph text
- [With regard to women, girls, and lesbian, gay, bisexual and transgender persons in detention, the Special Rapporteur calls on all States to:] Provide for non-custodial means of protection, such as shelters and other community-based alternatives, and guarantee that the placement of women in detention centres for protection - only where necessary and expressly requested by the woman in question - will be temporary, subject to supervision and competent authorities and never continued against their will;
- 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
- Equality & Inclusion
- Gender
- Personnes concernées
- Girls
- LGBTQI+
- 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. 61
- Paragraph text
- The Special Rapporteur examines herein several safeguards of key significance to the future protocol, particularly as applicable to persons in detention. The protocol should also consider other scenarios, including the rights of suspects not deprived of liberty, safeguards attendant to informal questioning and additional preventive measures against mistreatment and coercion. The protocol must account for the reality that torture and ill-treatment during arrest or detention can also take place outside the interview room and induce forced confessions during subsequent questioning.
- 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
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 79
- Paragraph text
- Given that particular groups are more vulnerable during questioning, the protocol should contain specific provisions for, among others, children, women and girls, persons with disabilities, persons belonging to minorities or indigenous groups and non-nationals, including migrants (regardless of migration status), refugees, asylum seekers and stateless persons. The vulnerability of persons should be promptly identified for special consideration of their needs to be reflected in the conduct of interviews and implementation of additional safeguards.
- 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
- Movement
- Personnes concernées
- Children
- Ethnic minorities
- Girls
- Persons on the move
- Women
- Année
- 2016
Paragraphe
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 45
- Paragraph text
- Forced sterilization is an act of violence and a form of social control, and violates a person's right to be free from torture and ill-treatment. Full, free and informed consent of the patient herself is critical and can never be excused on the basis of medical necessity or emergency when obtaining consent is still possible (A/HRC/22/53). Gender often intersects with other characteristics such as race, nationality, sexual orientation, socioeconomic status, age and HIV status to render women and girls at risk of torture and other ill-treatment in the context of sterilization (CAT/C/CZE/CO/4-5, A/HRC/29/40/Add.2) The European Court of Human Rights found that the sterilization of a Roma woman who consented to the procedure only during delivery by caesarean section violated the prohibition of torture and ill-treatment. Documented practices that may violate the prohibition of torture and ill-treatment include Government-sponsored family planning initiatives targeting economically disadvantaged and uneducated women that shortcut the process of obtaining consent, sterilization certificates required by employers and coerced sterilization of HIV-positive women in some States. Despite the fundamental rights enshrined in the Convention on the Rights of Persons with Disabilities, women and girls with disabilities are also particularly vulnerable to forced sterilization and other procedures such as imposed forms of contraception and abortion, especially when they are labelled "incompetent" and placed under guardianship (A/67/227).
- 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
- Harmful Practices
- Health
- Violence
- Personnes concernées
- Girls
- Women
- Année
- 2016
Paragraphe
Impunity as a root cause of the prevalence of torture 2010, para. 39
- Paragraph text
- The Committee against Torture has been clear about the requirement to make "all acts of torture", including acts of attempt, complicity and participation, an offence under criminal law, with penalties commensurate to the gravity of the crimes. In addition, even if not explicitly stated in the Convention, the Committee considers instances that include "instigation, consent or acquiescence", to be covered by the terms "complicity or participation", giving rise to individual criminal responsibility under article 4 of all public officials sufficiently involved under article 1.
- 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
- 2010
Paragraphe
Impunity as a root cause of the prevalence of torture 2010, para. 57
- Paragraph text
- In terms of prosecutions, the Special Rapporteur was sadly surprised at the low number of people prosecuted for torture in the countries he visited. He came across cases of officials being subject to disciplinary or administrative procedures for offences such as abuse of power and, in some cases, convictions for offences such as causing physical injuries, as in Jordan and Paraguay. These types of convictions not only result from the lack of a specific criminal offence of torture, but are in some instances used to treat the act of torture as a minor offence.
- 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
- Année
- 2010
Paragraphe
Impunity as a root cause of the prevalence of torture 2010, para. 46
- Paragraph text
- The second element of the definition in the Convention (intention) is lacking from the definition of torture in the legislation of both Georgia and Togo. With regard to the element of the involvement of a public official or other person acting in an official capacity, the legislation in neither Togo nor Jordan differentiates between private actors and public officials. Kazakhstan limits criminal responsibility to public officials and does not criminalize torture committed by others acting in an official capacity or at the instigation of or with the consent or acquiescence of public officials.
- 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
- N.A.
- Année
- 2010
Paragraphe
Impunity as a root cause of the prevalence of torture 2010, para. 87
- Paragraph text
- Although torture constitutes one of the most brutal human rights violations and a direct attack on the core of human dignity, it continues to be widely practised in the majority of States in all parts of the world. This alarming conclusion of the Special Rapporteur on torture is based on his experience after carrying out the mandate for almost six years, and after conducting 17 fact-finding missions to countries in all regions of the world and preparing three joint studies together with other special procedures mandate holders.
- 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
- 2010
Paragraphe
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.
- 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
- Health
- Année
- 2011
Paragraphe
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. 7b
- Paragraph text
- [The Special Rapporteur calls upon all States to:] Ensure full access to palliative care and overcome current regulatory, educational and attitudinal obstacles that restrict availability to essential palliative care medications, especially oral morphine. States should devise and implement policies that promote widespread understanding about the therapeutic usefulness of controlled substances and their rational use;
- 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
- Education
- Health
- Personnes concernées
- All
- Année
- 2013
Paragraphe
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. 11
- Paragraph text
- The Special Rapporteur calls upon all States to ensure that women have access to emergency medical care, including post-abortion care, without fear of criminal penalties or reprisals. States whose domestic law authorizes abortions under various circumstances should ensure that services are effectively available without adverse consequences to the woman or the health professional.
- 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
- Personnes concernées
- Women
- Année
- 2013
Paragraphe
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 68a
- Paragraph text
- [Recommendations regarding the effective investigation of allegations of torture or other ill-treatment:] Ensure that all suspicions and allegations of torture and other ill-treatment are investigated and documented in a prompt (within 24 hours), independent and transparent manner by qualified governmental and non governmental experts; that they are conducted with victim participation at all phases of the investigation, including access to such investigations;
- 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
- Humanitarian
- Personnes concernées
- All
- Année
- 2014
Paragraphe
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. 25
- Paragraph text
- In da Silva Pimentel v. Brazil, the Committee on the Elimination of Discrimination against Women observed that "the State is directly responsible for the action of private institutions when it outsources its medical services" and "always maintains the duty to regulate and monitor private health-care institutions". The Inter-American Court of Human Rights addressed State responsibility for actions of private actors in the context of health-care delivery in Ximenes Lopes v. Brazil.
- 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
- Health
- Personnes concernées
- Women
- Année
- 2013
Paragraphe
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. 33
- Paragraph text
- However, in response to reports of sterilizations of women in 2011, the International Federation of Gynecology and Obstetrics emphasized that "sterilization for prevention of future pregnancy cannot be ethically justified on grounds of medical emergency. Even if a future pregnancy may endanger a woman's life or health, she … must be given the time and support she needs to consider her choice. Her informed decision must be respected, even if it is considered liable to be harmful to her 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
- Health
- Personnes concernées
- Women
- Année
- 2013
Paragraphe
Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 18
- Paragraph text
- The European Court of Human Rights also recognizes that States are responsible for the physical and mental integrity of persons under their authority, power or control, finding that States' responsibilities "may arise in respect of acts and events [taking place] outside [their] frontiers" and due to the acts of their agents, "whether performed within or outside national boundaries, which produce effects outside their own territory" (Loizidou v. Turkey; mutatis mutandis, M v. Denmark). Such scenarios recognized by the Court include the "exercise [of] authority and control over individuals killed in the course" of security operations by one State on the territory of another State (Al-Skeini v. The United Kingdom); the handover of individuals to the custody of a State's agents abroad (Öcalan v. Turkey); the interception and imposition of control over a ship (and persons therein) in international waters (Jamaa and others v. Italy); the detention of individuals in prisons operated or controlled by the State party abroad (Al-Saadoon and Mufdhi v. The United Kingdom); exercise of control over an area outside national territory as a consequence of military action (Hassan v. The United Kingdom); or the exercise of physical control over an individual, including outside formal detention facilities (Issa and others v. Turkey). Whenever a State exercises control over an individual extraterritorially through its agents, it must secure the substantive rights and freedoms under the Convention that are relevant to the situation of that individual (Al-Skeini).
- 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
- 2015
Paragraphe
The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 69
- Paragraph text
- Secret proceedings or "closed material procedures" inhibit the implementation of the exclusionary rule. States should ensure effective legal representation and control of the implementation of the exclusionary rule in all proceedings involving secret evidence, closed material procedures or the invocation of the "State secrets doctrine", in order to enable defendants effectively to challenge evidence, including evidence from the security services. There should be no excuses about State secrets put forward by States for violations of human rights.
- 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
- 2014
Paragraphe
The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 83e
- Paragraph text
- [Regarding the use by executive actors of information tainted by torture, all States should:] Interpret the standards outlined by the exclusionary rule in light of the objective of the rule to prevent and discourage torture and other ill-treatment and apply it by way of analogy to the collection, sharing and receiving of information obtained by torture or other cruel, inhuman or degrading treatment or punishment, even if not used in "proceedings" as narrowly defined;
- 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
- 2014
Paragraphe
Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 71
- Paragraph text
- The exclusionary rule - mandating that States not invoke as evidence in any proceedings statements obtained as a result of torture - is not territorially limited, encompasses all forms of ill-treatment and is applicable no matter where the mistreatment was perpetrated. The Special Rapporteur calls upon States to ascertain whether statements admitted as evidence in any proceedings for which they have jurisdiction, including extradition proceedings, were made as a result of torture or other 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
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2015
Paragraphe
Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 36
- Paragraph text
- The Special Rapporteur reminds States that monitoring places of deprivation of liberty is key to preventing torture and other ill-treatment. The scope of article 4 (1) of the Optional Protocol mandating visits to "any [such] place under [a State's] jurisdiction and control" must be interpreted to encompass places of deprivation of liberty outside the State's sovereign territories, including military detention facilities overseas. Visits must be permitted anywhere that States have effective control over places of detention outside their territories.
- 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
- 2015
Paragraphe
Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 26
- Paragraph text
- In its preamble, the Convention against Torture explicitly recognizes the existing absolute prohibition of torture and other ill-treatment in customary international law. While incorporating the extant norms that constitute the "common ground" upon which it is based, the Convention's provisions expressly focus on defining torture and codifying attendant deterrent and preventive obligations. The Committee against Torture, in its general comment No. 2 (2008), found that article 2 in particular "undergird[ed] the Convention's absolute prohibition against torture [and] reinforce[d] th[at] peremptory jus cogens norm" by obliging States parties to take actions that would reinforce the extant prohibition against torture. Article 2 (2) and (3), indicating that no exceptional circumstances may ever be invoked as a justification for torture, would be absurd in the absence of an implied global ban on acts of torture and other ill-treatment, as would the Convention's aim to make "more effective the struggle against torture and other [ill-] treatment or punishment throughout the world". An analogy may be drawn with the Convention on the Prevention and Punishment of the Crime of Genocide, which places States parties under an obligation not to commit genocide even though the obligation is not expressly stated. This is because of the Convention's object and purpose to "condemn and punish genocide as a 'crime under international law'" and its underlying principles that are universally "recognized by civilized nations as binding on States, even without any conventional obligation".
- 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
- 2015
Paragraphe
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.
- 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
- Children
- Année
- 2015
Paragraphe
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.
- 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
- Children
- Women
- Année
- 2015
Paragraphe
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 68
- Paragraph text
- In January 2014, the Committee on the Rights of the Child, at its sixty-fifth session, adopted a recommendation that the General Assembly request the Secretary-General to conduct an in-depth international study on the issue of children deprived of liberty (A/69/41, annex II). The Special Rapporteur therefore welcomes General Assembly resolution 69/157, in which the Assembly invited the Secretary-General to commission an in-depth global study on children deprived of liberty.
- 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
- Children
- Année
- 2015
Paragraphe
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 58
- Paragraph text
- Unsanitary and unsafe conditions may also lead to a violation of the prohibition of ill-treatment. The Special Rapporteur observes that overcrowding is present in many institutions, leading to severe constraints on institutional resources, shortages of adequate food, clean drinking water, bedding and medical care. Overcrowding also increases the risk of disease transmission and infection. Furthermore, adults and children are often not segregated in institutional facilities, leading to issues of exploitation.
- 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
- Water & Sanitation
- Personnes concernées
- Children
- Année
- 2015
Paragraphe
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 78
- Paragraph text
- Children in detention should be provided throughout the day with a full programme of education, sport, vocational training, recreation and other purposeful out-of-cell activities. This includes physical exercise for at least two hours every day in the open air, and preferably for a considerably longer time. Girls should under no circumstances receive less care, protection, assistance and training, including equal access to sport and recreation.
- 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
- Education
- Equality & Inclusion
- Personnes concernées
- Children
- Girls
- Année
- 2015
Paragraphe
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 70
- Paragraph text
- In determining the seriousness of acts that may constitute ill-treatment or torture, due consideration must be given to physical and mental effects and the age of the victim. In the case of children, higher standards must be applied to classify treatment and punishment as cruel, inhuman or degrading. In addition, the particular vulnerability of children imposes a heightened obligation of due diligence on States to take additional measures to ensure their human rights to life, health, dignity and physical and mental integrity.
- 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
- Children
- Année
- 2015
Paragraphe
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 8
- Paragraph text
- Persons interviewed by authorities during investigations may be confronted with the entire repressive machinery of society. Questioning, in particular of suspects, is inherently associated with risks of intimidation, coercion and mistreatment. The risks are heightened for vulnerable persons and for persons questioned in detention. This holds particularly true during apprehension and the early stages of custody, when the authorities exerting control over the fact and conditions of detention and conducting the investigation are the same.
- 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
- 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. 31
- Paragraph text
- The protocol must apply to interviews conducted by law enforcement and other investigative bodies such as intelligence and military services and administrative bodies, during counter-terrorism operations and in situations of armed conflict, including extraterritorially. In this regard, the Special Rapporteur is concerned that in some jurisdictions intelligence services have been empowered to apprehend, detain and question persons in connection with national security offences, as a way to circumvent legal and procedural safeguards applicable to traditional law enforcement agencies - a practice that has at times lamentably enabled the perpetration of egregious acts of torture and ill-treatment. The protocol should emphasize that there are no legitimate reasons for granting intelligence agencies such powers duplicating those held by traditional law enforcement bodies. Intelligence agencies mandated by law to exercise such powers must comply fully with international human rights standards, including those pertaining to the rights to liberty, fair trial, the use of torture-tainted information and the absolute prohibition of torture and ill-treatment (see A/HRC/10/3; A/HRC/14/46; and European Court of Human Rights, Öcalan v. Turkey). Intelligence services entrusted with police powers must comply with rules applicable to the conduct of interviews in the criminal justice system. The above rationale also applies where military services or other investigative bodies are entrusted with police powers in the national law enforcement context.
- 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
- 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. 42
- Paragraph text
- Coercive techniques, even when not amounting to torture or ill-treatment, are means to the same ends, administered by State agents to confirm their presumption of guilt. They are likely to produce faulty information and give rise to conditions conducive to the use of torture or ill-treatment. Strengthening protection against coercive questioning methods and championing an interviewing model based on the principle of presumption of innocence are accordingly key to preventing mistreatment during questioning and enhancing authorities' effectiveness.
- 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
- 2016
Paragraphe
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 71
- Paragraph text
- With regard to trafficking, the Special Rapporteur calls upon States to ensure that appropriate frameworks are in place for the identification, investigation and prosecution of trafficking-related human rights violations; duly investigate, prosecute and punish public officials for their role in trafficking operations; establish a combination of comprehensive gender- and age-sensitive measures to protect, support and rehabilitate victims; and avoid detention of victims for status-related offences and for "protective" purposes.
- 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
- Violence
- Personnes concernées
- All
- Année
- 2016
Paragraphe
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 53
- Paragraph text
- Therefore, the first priority of the Special Rapporteur will be to unequivocally reaffirm the absolute and universal prohibition of all, and any, forms of torture and other cruel, inhuman or degrading treatment or punishment, to further clarify the contours and meaning of these terms in the light of the evolving challenges marking the contemporary international environment, and to call on States and non-State actors alike to renounce, and to prevent impunity for, any such 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
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2017
Paragraphe
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 59
- Paragraph text
- The Special Rapporteur underscores the importance of developing corroborating methods of crime investigation, investing in adequate equipment and effectively training investigators on available modern and scientific investigation techniques. These measures can help to facilitate the transition from confession-led to evidence-led investigations and provide surplus information useful to the preparation and conduct of effective interviews, reducing the risk that officers will resort to mistreatment to extract information.
- 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
- 2016
Paragraphe
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 56
- Paragraph text
- Furthermore, certain “less lethal” weapons may have foreseeable long-term or other effects, which must be considered when assessing the proportionality of their use, such as the high risk of serious head injury arising when persons collapse uncontrollably after being targeted with electrical discharge weapons or the humiliating effect of the use of dyes or malodorants.
- 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
- Humanitarian
- Personnes concernées
- All
- Année
- 2017
Paragraphe
Review of the standard minimum rules for the treatment of prisoners 2013, para. 55
- Paragraph text
- The Rules should adopt special measures to address the particular health needs of persons deprived of liberty belonging to vulnerable or high-risk groups (see para. 47 above). The Rules should allow the prison administration to facilitate the compassionate release of terminally ill persons on the ground of their health status.
- 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
- 2013
Paragraphe
Review of the standard minimum rules for the treatment of prisoners 2013, para. 84
- Paragraph text
- Provisions on the suitability, training and working conditions of qualified civilian personnel independent of police, military and criminal investigation services should be strengthened in the Rules. Authorities should take steps to designate a civilian body to conduct training programmes.
- 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
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2013
Paragraphe
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. 77
- Paragraph text
- Children who are born with atypical sex characteristics are often subject to irreversible sex assignment, involuntary sterilization, involuntary genital normalizing surgery, performed without their informed consent, or that of their parents, "in an attempt to fix their sex", leaving them with permanent, irreversible infertility and causing severe mental suffering.
- 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
- Harmful Practices
- Health
- Violence
- Personnes concernées
- Children
- Année
- 2013
Paragraphe
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 68d
- Paragraph text
- [Recommendations regarding the effective investigation of allegations of torture or other ill-treatment:] Ensure the application of the Istanbul and Minnesota Protocols when performing forensic autopsies.
- 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
- Health
- Personnes concernées
- N.A.
- Année
- 2014
Paragraphe
The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 34
- Paragraph text
- There is a risk that the standard of proof applied to proceedings in which closed material is used is still much lower than in civil and criminal cases and that the evidence in question may be heard in closed session, from which the individual concerned and the legal representation of his or her choice are excluded.
- 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
- N.A.
- Année
- 2014
Paragraphe
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 69d
- Paragraph text
- [Recommendations regarding safeguard for effective medical evaluations of alleged torture and other ill-treatment in detention:] Establish an individual's right to be evaluated by non-governmental medical experts of his or her choosing anytime during and after being in custody, including in places of detention that require security clearance;
- 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
- Health
- Personnes concernées
- All
- Année
- 2014
Paragraphe
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 85a
- Paragraph text
- [With regard to the vulnerability of children deprived of their liberty and policy reform, the Special Rapporteur calls upon all States:] To ensure that deprivation of liberty is used only as a measure of last resort only in exceptional circumstances and only if it is in the best interests of the child;
- 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
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Children
- Année
- 2015
Paragraphe
Solitary confinement 2011, para. 92
- Paragraph text
- Solitary confinement must never be imposed or allowed to continue except where there is an affirmative determination that it will not result in severe pain or suffering, whether physical or mental, giving rise to acts as defined in article 1 or article 16 of the Convention against 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
- Health
- Personnes concernées
- All
- Année
- 2011
Paragraphe
Solitary confinement 2011, para. 90
- Paragraph text
- Throughout the period of detention, the physical conditions and prison regime of the solitary confinement, and in particular the duration of confinement, must be proportional to the severity of the criminal or disciplinary infraction for which solitary confinement is imposed.
- 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
Overview of working methods and vision 2011, para. 61
- Paragraph text
- Non-refoulement, as an important principle of international treaty law and international customary law, is provided for in international and regional human rights mechanisms, and the jurisprudence of international and regional human rights bodies, such as the Human Rights Committee and the European Court of Human Rights.
- 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
- N.A.
- Année
- 2011
Paragraphe
Commissions of inquiry 2012, para. 27
- Paragraph text
- When used by States, a commission of inquiry can serve as a valuable tool in addressing the State's duty under international human rights law to investigate and hold an independent inquiry into torture, deaths (for example, in the case of extrajudicial executions) and other atrocities (A/HRC/8/3, para. 12).
- 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
- 2012
Paragraphe
Commissions of inquiry 2012, para. 51b
- 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:] Identification of measures needed to prevent recurrence;
- 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
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 44
- Paragraph text
- In Selçuk and Asker v. Turkey, the Court found the unjustified destruction of private homes to be inhuman treatment because it was “premeditated and carried out contemptuously and without respect for the feelings of the applicants”, who “had to stand by and watch the burning of their homes” while inadequate precautions were taken to ensure their safety and no subsequent assistance was provided.
- 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
- Humanitarian
- Année
- 2017
Paragraphe
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;
- 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
- Health
- Personnes concernées
- Girls
- LGBTQI+
- Women
- Année
- 2016
Paragraphe
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 75
- Paragraph text
- The Special Rapporteur finds that even if the emergence of a customary norm that considers the death penalty as per se running afoul of the prohibition of torture and cruel, inhuman or degrading treatment is still under way, most conditions under which capital punishment is actually applied renders the punishment tantamount to torture. Under many other, less severe conditions, it still amounts to cruel, inhuman or 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
Solitary confinement 2011, para. 80
- Paragraph text
- Depending on the specific reason for its application, conditions, length, effects and other circumstances, solitary confinement can amount to a breach of article 7 of the International Covenant on Civil and Political Rights, and to an act defined in article 1 or article 16 of the Convention against Torture. In addition, the use of solitary confinement increases the risk that acts of torture and other cruel, inhuman or degrading treatment or punishment will go undetected and unchallenged.
- 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
Overview of main observations of five years fact-finding and research 2010, para. 77c
- 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 and the international community are requested to provide the resources necessary to develop national systems for the administration of justice that provide all human beings with equal access to justice and the right to a fair trial at all stages of criminal proceedings. In particular, judges, prosecutors, lawyers, police and prison officials shall be selected, educated and paid properly and in sufficient number. Effective measures for combating corruption in the administration of justice shall be taken. Judges shall be fully independent from the executive and legislative branches of Government and shall exercise judicial functions with impartiality and professionalism. Pretrial detention of criminal suspects shall be the exception, not the rule, and shall last for as little time as possible. Pretrial detainees shall be separated from convicted prisoners, children from adults, women from men. The main aim of correctional institutions shall be the rehabilitation of offenders and their reintegration into society. Punitive policies of criminal justice shall be brought in line with this important aim, provided for in article 10 of the International Covenant on Civil and Political Rights, by means of structural reforms of the administration of justice;
- 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
- Children
- Men
- Women
- Année
- 2010
Paragraphe
Solitary confinement 2011, para. 82
- Paragraph text
- The Special Rapporteur calls upon States to respect and protect the rights of persons deprived of liberty while maintaining security and order in places of detention. He recommends that States conduct regular reviews of the system of solitary confinement. In this context, the Special Rapporteur reiterates that States should refer to the Istanbul Statement on the Use and Effects of Solitary Confinement as a useful tool in efforts to promote the respect and protection of the rights of detainees.
- 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
- 2011
Paragraphe
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.
- 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
- 2013
Paragraphe
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 56
- Paragraph text
- In carrying out his mandate, the Special Rapporteur will always endeavour to engage in an open, respectful and constructive dialogue with States and other international, regional and non-governmental stakeholders, and aim to gain mutual trust and consolidated understanding of all relevant perspectives, concerns and challenges before drawing any conclusions or trying to identify the most suitable manner of action.
- 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
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2017
Paragraphe
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.
- 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
- 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. 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).
- 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
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.
- 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
- 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. 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.
- 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
- Children
- Persons with disabilities
- 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. 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).
- 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
- 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. 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.
- 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
- 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. 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)).
- 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
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.
- 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
- 2016
Paragraphe
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.
- 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
- Violence
- Personnes concernées
- Girls
- Women
- Année
- 2016
Paragraphe
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.
- 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
- Families
- Année
- 2016
Paragraphe
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.
- 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
- Women
- Année
- 2016
Paragraphe
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.
- 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
- LGBTQI+
- Année
- 2016
Paragraphe
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.
- 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
- Girls
- Women
- Année
- 2016
Paragraphe
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.
- 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
- Violence
- Personnes concernées
- Women
- Année
- 2016
Paragraphe
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.
- 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
- Violence
- Personnes concernées
- Boys
- Families
- Girls
- Année
- 2016
Paragraphe
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;
- 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
- Personnes concernées
- Children
- Girls
- LGBTQI+
- Women
- Youth
- 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. 68
- Paragraph text
- The right of access to counsel is one of the most essential safeguards against torture and ill-treatment. Not only does a lawyer's presence act as a deterrent against mistreatment or coercion and facilitate the undertaking of remedial action if mistreatment occurs, but also can protect officials facing unfounded allegations of improper conduct.
- 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
- 2016
Paragraphe
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;
- 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
- Equality & Inclusion
- Gender
- Personnes concernées
- Girls
- LGBTQI+
- Women
- Année
- 2016
Paragraphe
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 24
- Paragraph text
- Detention, often for prolonged periods, is sometimes used on the grounds of "protecting" female victims of rape, honour-based violence and other abuses or to ensure that they will testify against the perpetrator in court. This practice further victimizes women, deters them from reporting rape and sexual abuse and can amount to torture or ill-treatment per se.
- 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
- Women
- Année
- 2016
Paragraphe
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 70g
- 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 male and female detainees are separated, including during transport; that female detainees are supervised and attended to only by female staff; and that escorts of female prisoners at least include female officers;
- 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
- Girls
- LGBTQI+
- Women
- Année
- 2016
Paragraphe
Impunity as a root cause of the prevalence of torture 2010, para. 36
- Paragraph text
- States bear the main responsibility for implementing international human rights standards, including the prohibition of torture. However, torture occurs because national legal frameworks are deficient and do not properly codify torture as a crime with appropriate sanctions. Torture persists because national criminal systems lack the essential procedural safeguards to prevent its occurrence, to effectively investigate allegations and to bring perpetrators to justice. Moreover, torture remains entrenched because of a climate of tolerance of excessive use of force by law enforcement officials in many countries.
- 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
- 2010
Paragraphe
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.
- 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. 40b
- Paragraph text
- [The justifications provided by States for the use of solitary confinement fall into five general categories:] To protect vulnerable 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
- Personnes concernées
- N.A.
- Année
- 2011
Paragraphe
Impunity as a root cause of the prevalence of torture 2010, para. 84
- Paragraph text
- The provision of inadequate resources has an effect on the capabilities and professional knowledge required by article 18, paragraph 2, of the Optional Protocol. A pluralistic composition cannot be ensured by a national preventive mechanism body that consists of only one member, as is the case in Germany. In contrast, the French national preventive mechanism has 14 full-time inspectors and can call on an additional 14 inspectors to take part in specific missions, thereby facilitating the participation of persons from various educational and professional backgrounds. Small national preventive mechanisms with only a few members have to largely rely on the expertise of ad hoc members or external experts for the effective performance of monitoring visits. In practice, this can create difficulties, including in regard to their availability. Therefore, some States, for example the Czech Republic, Denmark, Luxembourg and Slovenia, have entered into cooperation agreements with relevant civil society organizations in order to ensure external support for their national preventive mechanisms.
- 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
- N.A.
- Année
- 2010
Paragraphe
Overview of main observations of five years fact-finding and research 2010, para. 43
- Paragraph text
- The term "torture" should not be used in an inflammatory manner. It is reserved for one of the worst possible human rights violations and abuses human beings can inflict upon each other, and therefore carries a special stigma. It therefore holds a special position in international law: it is absolutely prohibited and this prohibition is non-derogable. Where torture has been inflicted, it is a very serious crime against a human being, who most likely will suffer from its consequences for the rest of his or her life, either physically or mentally. According to the definition contained in the Convention against Torture, four elements are needed in order for an act to be qualified as torture: firstly, an act inflicting severe pain or suffering, whether physical or mental; secondly, the element of intent; thirdly, the specific purpose; and lastly, the involvement of a State official, at least by acquiescence.
- 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
- Violence
- Personnes concernées
- All
- Année
- 2010
Paragraphe
Impunity as a root cause of the prevalence of torture 2010, para. 61
- Paragraph text
- Following the obligations of States to prevent torture and to hold perpetrators accountable, article 14 of the Convention against Torture stipulates that each State party shall ensure in its legal system that victims of torture obtain redress and have an enforceable right to fair and adequate compensation including the means for as full rehabilitation as possible. That obligation includes the establishment and support of torture rehabilitation centres. That duty was further emphasized by the Commission on Human Rights in its resolution 2004/41, in which it stressed that "national legal systems should ensure that victims of torture or other cruel, inhuman or degrading treatment or punishment obtain redress and are awarded fair and adequate compensation and receive appropriate socio-medical rehabilitation". In that regard the Commission encouraged "the development of rehabilitation centres for victims of 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
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2010
Paragraphe
Solitary confinement 2011, para. 31
- Paragraph text
- The Committee against Torture has recognized the harmful physical and mental effects of prolonged solitary confinement and has expressed concern about its use, including as a preventive measure during pretrial detention, as well as a disciplinary measure. The Committee has recommended that the use of solitary confinement be abolished, particularly during pretrial detention, or at least that it should be strictly and specifically regulated by law (maximum duration, etc.) and exercised under judicial supervision, and used only in exceptional circumstances, such as when the safety of persons or property is involved (A/63/175, para. 80). The Committee has recommended that persons under the age of 18 should not be subjected to solitary confinement (CAT/C/MAC/CO/4, para. 8).
- 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
Overview of main observations of five years fact-finding and research 2010, para. 60
- Paragraph text
- Article 7 of the International Covenant on Civil and Political Rights and relevant provisions of regional human rights treaties prohibit not only torture, but also cruel, inhuman or degrading treatment or punishment, which is separately proscribed in article 16 of the Convention against Torture. As is the case of the prohibition of torture, the prohibition of cruel, inhuman or degrading treatment or punishment is non-derogable. While the Convention against Torture expressly defines torture, there is no such definition of cruel, inhuman or degrading treatment or punishment in international treaties. Consequently, cruel, inhuman or degrading treatment or punishment is commonly distinguished from torture with reference to article 1 of the Convention against Torture. However, as the Special Rapporteur has argued before, the distinguishing factor is not the intensity of the suffering inflicted, but rather the purpose of the conduct, the intention of the perpetrator and the powerlessness of the victim. Torture constitutes such a horrible assault on the dignity of a human being because the torturer deliberately inflicts severe pain or suffering on a powerless victim for a specific purpose, such as extracting a confession or information from the victim. Cruel, inhuman or degrading treatment or punishment, on the other hand, means the infliction of pain or suffering without purpose or intention and outside a situation where a person is under the de facto control of another. It follows that one may distinguish between justifiable and non-justifiable treatment causing severe suffering. Examples where causing severe suffering may be justifiable are the lawful use of force by the police in the exercise of law enforcement policies (e.g. arrest of a criminal suspect, dissolution of a violent demonstration) and of the military in an armed conflict. In such situations, the principle of proportionality has to be strictly observed. If the use of force is not necessary and, in the particular circumstances of the case, disproportional to the purpose achieved, it amounts to cruel or inhuman treatment. In a situation where one person is under the de facto control of another and thus powerless, the test of proportionality is no longer applicable. Other situations which may amount to cruel, inhuman or degrading treatment or punishment are particularly severe conditions of detention, domestic violence, female genital mutilation and trafficking in human beings. This means that, in principle, all forms of cruel or inhuman treatment or punishment, including torture, require the infliction of severe pain or suffering. This is different for the qualification of degrading treatment or punishment only in the sense of article 16 of the Convention against Torture, which arises from humiliation of the victim even if the pain or suffering is not severe.
- 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
- 2010
Paragraphe
Overview of main observations of five years fact-finding and research 2010, para. 67
- Paragraph text
- The principle of non-refoulement has come under fire during the Special Rapporteur's tenure both from the ever increasing tightening of immigration laws and domestic procedures that often only provide for superficial examinations by the authorities and the several attempts at undermining the principle in the context of the fight against terrorism (including through the so-called "test of reasonableness", which balances the risk of torture against the threat to national security and the increased use of diplomatic assurances), where there were fears that States may use torture on persons suspected of terrorist acts. As the Special Rapporteur has stated repeatedly, diplomatic assurances related to torture are nothing but an attempt to circumvent the absolute nature of the principle of non-refoulement.
- 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
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2010
Paragraphe
Overview of main observations of five years fact-finding and research 2010, para. 77d
- 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:] The international community should establish a global fund for national human rights protection systems which will assist States in their efforts to improve and reform national criminal justice systems, including the judiciary, prosecutors, police and prisons. That fund shall be financed by States, non-governmental organizations and the corporate sector and shall contribute to the legal empowerment of the poor;
- 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
- Poverty
- Personnes concernées
- N.A.
- Année
- 2010
Paragraphe
Solitary confinement 2011, para. 72
- Paragraph text
- Solitary confinement, when used for the purpose of punishment, cannot be justified for any reason, precisely because it imposes severe mental pain and suffering beyond any reasonable retribution for criminal behaviour and thus constitutes an act defined in article 1 or article 16 of the Convention against Torture, and a breach of article 7 of the International Covenant on Civil and Political Rights. This applies as well to situations in which solitary confinement is imposed as a result of a breach of prison discipline, as long as the pain and suffering experienced by the victim reaches the necessary severity.
- 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
- 2011
Paragraphe
Solitary confinement 2011, para. 87
- Paragraph text
- Indefinite solitary confinement should be abolished.
- 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
Overview of working methods and vision 2011, para. 55
- Paragraph text
- In his report to the 13th session of the Human Rights Council, the Special Rapporteur on the promotion and protection of human rights while countering terrorism takes the view that "reliance on information from torture in another country, even if the information is obtained only for operational purposes, inevitably implies the "recognition of lawfulness" of such practices and therefore triggers the application of principles of State responsibility. Hence, States that receive information obtained through torture or inhuman and degrading treatment are complicit in the commission of internationally wrongful acts. Such involvement is also irreconcilable with the obligation erga omnes of States to cooperate in the eradication of torture." The Special Rapporteur shares this view and believes that this is a good starting point for future deliberation on the subject.
- 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
Overview of working methods and vision 2011, para. 70
- Paragraph text
- The Special Rapporteur recognizes that the question as to whether the death penalty, as well as some health and drug policies, prolonged solitary confinement, some treatments for mental disability, and domestic violence constitute per se cruel, inhuman or degrading treatment or punishment has given rise to much debate and discussion in the Human Rights Council. He recognizes the sensitive nature of these issues and believes that the international community as a whole would greatly benefit from a dispassionate and rational discussion of the issues. The Special Rapporteur will look more deeply into these issues and also suggests that they be the subject of further research by the Human Rights Council and its mechanisms.
- 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
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personnes concernées
- All
- Année
- 2011
Paragraphe
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.
- 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
Overview of working methods and vision 2011, para. 68
- Paragraph text
- The Special Rapporteur considers the issues of torture and ill-treatment of victims in secret detention as a key concern that falls squarely within his mandate. He intends to follow up on any new and credible allegations concerning the ongoing use of places of secret detention by States or their complicity regarding their existence. Eradicating such practices is central to the prevention of torture and the Special Rapporteur believes that engagement in this issue cannot be seen as an unwarranted expansion of the definition of torture set forth in article 1 of the Convention or of the treaty's establishment of responsibility for its occurrence.
- 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
Overview of working methods and vision 2011, para. 48
- Paragraph text
- The Special Rapporteur is encouraged by the efforts of various organizations to ensure appropriate remedies and reparation for victims. He commends the adoption of 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" by the General Assembly as an important step towards fulfilling minimum standards for victims. However, he remains dissatisfied by the lack of progress in institutionalizing these basic principles and guidelines in most States. He notes that victims have only been awarded formal rights, including at the national level, but that these rights are often modest and peripheral to the justice systems.
- 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
- N.A.
- Année
- 2011
Paragraphe
Overview of working methods and vision 2011, para. 54
- Paragraph text
- While article 15 of the Convention covers judicial and administrative proceedings, it is silent on the question of the applicability of its provisions to intelligence or other executive decisions not directly arising from judicial or administrative proceedings. This is rendered more troublesome by difficulties in delineating purely "non-formal preventative" action by executive decisions arising from formal administrative proceedings. For instance, a State may rely on information provided by a third party, and which may have been obtained through torture, to arrest and detain an individual for the purpose of investigating his alleged suspicious activities. In such a case, aspects of administrative proceedings such as a deportation order may be used in the process of arresting the suspect. Thus, by virtue of article 15, it is argued that State institutions must take appropriate measures to ascertain whether or not the information on which a decision is based has been obtained as a result of torture. However, does the fact that the information was obtained through torture prevent the State from arresting the individual in the first place? Can it be used as intelligence or as the subject of an executive decision? Are diplomatic assurances relating to the origins of the information provided by third parties sufficient? We should be mindful of the real possibility that a policy of using such information for purposes other than trials, could provide an incentive to State agents to forego prosecutions altogether, and instead engage in disappearances, extra-judicial executions, and other illegal repressive measures that could lead to a total breakdown in the rule of law. These and other equally important questions relating to the applicability of the exclusionary rule to executive decisions and intelligence gathering merit further consideration in future reports of this mandate.
- 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. 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.
- 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
- Personnes concernées
- All
- Année
- 2011
Paragraphe
Solitary confinement 2011, para. 100
- Paragraph text
- There should be a documented system of regular monitoring and review of the inmate's physical and mental condition by qualified medical personnel, both at the initiation of solitary confinement and on a daily basis throughout the period in which the detained person remains in solitary confinement, as required by rule 32, paragraph 3, of the Standard Minimum Rules for the Treatment of Prisoners. Medical personnel monitoring detained persons should have specialized training in psychological assessment and/or the support of specialists in psychology. Additionally, medical personnel must be independent and accountable to an authority outside of the prison administration. Preferably, they should belong to the general national health structure. Any deterioration of the inmate's mental or physical condition should trigger a presumption that the conditions of confinement are excessive and activate an immediate review.
- 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
- Health
- Personnes concernées
- All
- Année
- 2011
Paragraphe
Overview of working methods and vision 2011, para. 53
- Paragraph text
- Attempts to restrict the applicability of the exclusionary rule represent a serious threat to international efforts to eradicate torture. It is of deep concern that States regularly receive and rely on information - either as intelligence or evidence for proceedings - whose sources present a real risk of having been acquired as a result of torture and ill-treatment from third party States. Receiving or relying on information from third parties which may be compromised by the use of torture does not only implicitly validate the use of torture and ill-treatment as an acceptable tool to gain information, but creates a market for information acquired through torture, which in the long term undermines the goal of preventing and eradicating 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
- 2011
Paragraphe
Commissions of inquiry 2012, para. 21
- Paragraph text
- Today, commissions of inquiry have taken on a central role in the effort to address patterns and practices of torture and other cruel, inhuman or degrading treatment or punishment around the world.
- 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
- All
- Année
- 2012
Paragraphe
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 32
- Paragraph text
- The same can be concluded with regard to execution by gas asphyxiation. In the case Ng v. Canada (1993), the Human Rights Committee concluded that this method of execution results in death in more than 10 minutes and constituted cruel and inhuman treatment in violation of article 7 of the Covenant, and would not meet the test of least possible physical and mental suffering, as required under the Covenant. However, the Committee did not discuss whether other methods of execution would be considered violations of article 7. In any event, the criteria to determine the threshold of pain and suffering beyond which an execution violates international law prohibitions is not limited to the time that it takes for a person to die.
- 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
- Health
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Overview of working methods and vision 2011, para. 76
- Paragraph text
- The Special Rapporteur reiterates the importance of the "exclusionary rule" in preventing and suppressing torture, and recalls the obligations of States to ensure that any statement 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. To this end, he recommends strict adherence to this most fundamental of rules. He stresses that the exclusionary rule should not only apply to judicial and administrative proceedings, but also interpreted to include intelligence and decisions by the executive and its agencies.
- 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
Commissions of inquiry 2012, para. 34
- Paragraph text
- Commissions of inquiry into torture and other forms of ill-treatment may be traced back at least to the practice of ad hoc public inquiries or royal inquiries into a defined issue in the United Kingdom in the eleventh century, and subsequently in other Commonwealth countries. In the nineteenth and twentieth centuries, public inquiries became prolific in Australia, Canada, New Zealand and the United Kingdom of Great Britain and Northern Ireland. The inquiries were appointed to advise the Government on a wide range of public policy issues, allegations of wrongdoing by Government officials and investigation into the causes of major disasters. Many other States, including Argentina, Brazil, Chile, Kenya, Morocco, Sierra Leone, South Africa, Sweden and the United States of America, have also historically or recently established commissions of inquiry with prescribed membership or given national human rights institutions the mandate to undertake inquires more systematically in order to investigate specific crimes or events.
- 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. 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.
- 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
- 2012
Paragraphe
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 37
- Paragraph text
- In 1994, the Human Rights Committee rejected an argument that lethal injection constituted cruel, inhuman or degrading treatment or punishment but has not revisited the issue since new evidence has emerged indicating that the combination of drugs used in lethal injection can cause excruciating pain. However, in concluding observations, both the Human Rights Committee (A/50/40, para. 296) and the Committee against Torture (CAT/C/USA/CO/2, para. 31) called on the United States of America, as one of the countries in which lethal injection is used, to review its execution methods in order to prevent severe pain and suffering.
- 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
- Health
- Personnes concernées
- All
- Année
- 2012
Paragraphe
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.
- 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
- Personnes concernées
- All
- Année
- 2013
Paragraphe
Review of the standard minimum rules for the treatment of prisoners 2013, para. 41
- Paragraph text
- The Special Rapporteur recalls the importance of introducing a rule allowing all who are deprived of their liberty to challenge expeditiously the lawfulness of the detention, e.g. through habeas corpus or amparo, as a safeguard for ensuring protection against torture or other ill-treatment. In all circumstances, the person deprived of liberty should have the right to inform his or her family of the arrest (Rules 44 (3) and 92) and place of detention within 18 hours (E/CN.4/2003/68, paras. 26 (g) and (i)). These rules should apply also to decisions to restrict the personal freedom of an inmate further, for instance by placing him or her in isolation or solitary confinement. In no case may a detainee's contact with the outside world be dependent on his or her cooperativeness, be used as a disciplinary sanction or form part of the sentence. In accordance with principle 19 of the Body of Principles, access to the outside world can only be denied subject to reasonable conditions and restrictions as specified by law (see E/CN.4/2004/56, para. 43).
- 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
- 2013
Paragraphe
Commissions of inquiry 2012, para. 75
- Paragraph text
- The final report of the commission of inquiry should be comprehensive and fulfil all aspects of its terms of reference as set forth in the legal instrument that created the body. Beyond a recitation of facts, the report of a commission of inquiry should attempt to provide an accurate picture of the social and political background against which the acts of torture and other international crimes took place. Crucially, the report should identify loopholes in the public and private institutional order that have allowed for the breakdown of legal and procedural protections and led to a culture of impunity for the crimes investigated by the commission. The report should make concrete and detailed recommendations on how to restore checks and balances or "horizontal accountability" between branches of Government and the effective functioning of institutions of control.
- 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
Review of the standard minimum rules for the treatment of prisoners 2013, para. 48
- Paragraph text
- The Special Rapporteur recalls that inter-prisoner violence may amount to torture or other ill-treatment if the State fails to act with due diligence to prevent it (A/HRC/13/39/Add.3, para. 28). As stated by the Special Rapporteur on extrajudicial, summary or arbitrary executions, the State assumes a heightened duty of protection by severely limiting an inmates' freedom of movement and capacity for self-defence (A/61/311, para. 51). Despite the unambiguous wording of the Convention against Torture, there is a lack of awareness of the obligation of prison administration to intervene in inter-prisoner violence. The Special Rapporteur on torture notes that acquiescence in inter-prisoner violence is not simply a breach of professional responsibilities but that it amounts to consent or acquiescence to torture or other 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
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Année
- 2013
Paragraphe
Review of the standard minimum rules for the treatment of prisoners 2013, para. 58
- Paragraph text
- Thus, in Rule 33 it should be made explicit that the use of force and instruments of restraint (including the use of non-lethal or incapacitating weapons) should be a last resort that may be used only in exceptional circumstances, when strictly necessary as specified by law and in a manner that complies with the principle of proportionality and for the shortest possible time (see the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, principles 4, 9 and 16). Rule 33 (b), which currently permits the use of restraints (including sedatives, neuroleptics or other drugs) on medical grounds, should be abolished. The Special Rapporteur has previously declared that there can be no therapeutic justification for the prolonged use of restraints and that such use may constitute ill-treatment (see A/63/175, paras. 40, 47 and 48, and A/HRC/22/53, para. 63). The use of physical restraints that are inherently inhuman, degrading or painful (such as electro-shock stun belts and restraint chairs) has humiliating and degrading effects and has been condemned and prohibited by both the Special Rapporteur and the Committee against Torture as methods of restraining those in custody (see A/55/44, para. 180 (c)). The Special Rapporteur is of the view that Rule 31 should be revised to incorporate a prohibition on punishment by suspension or restriction of water or food, as it violates international standards set out in the report of WHO on the social determinants of health and the Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas of the Inter-American Commission on Human Rights (principle XI).
- 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
- All
- Année
- 2013
Paragraphe
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 70
- Paragraph text
- A significant number of courts of last instance and constitutional courts have found that the death penalty per se violates the prohibition of cruel, inhuman or degrading punishment. The South African Constitutional Court in the landmark judgement in State v. Makwanyane and Mchunu (1995) held that the death penalty was contrary to the prohibition by the South African Constitution of cruel, inhuman or degrading treatment. In 2001, the Canadian Supreme Court in United States v. Burns considered capital punishment to amount to cruel and unusual punishment. The Court stated that in Canada, the death penalty had been rejected as an acceptable element of criminal justice, and that capital punishment engaged the underlying values of the prohibition against cruel and unusual punishment. Furthermore, the Constitutional Courts of Albania, Hungary, Lithuania and Ukraine have found that the death penalty per se violates the prohibition 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
- 2012
Paragraphe
Review of the standard minimum rules for the treatment of prisoners 2013, para. 60
- Paragraph text
- Prison regimes of solitary confinement often cause mental and physical suffering or humiliation that amounts to cruel, inhuman or degrading treatment or punishment. If used intentionally for purposes such as punishment, intimidation, coercion or obtaining information or a confession, or for any reason based on discrimination, and if the resulting pain or suffering are severe, solitary confinement even amounts to torture (A/66/268, paras. 76, 87 and 88). Solitary confinement should be imposed, if at all, in very exceptional circumstances, as a last resort, for as short a time as possible and with established safeguards in place after obtaining the authorization of the competent authority subject to independent review.
- 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
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2013
Paragraphe
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. 50
- Paragraph text
- The Committee against Torture has repeatedly expressed concerns about restrictions on access to abortion and about absolute bans on abortion as violating the prohibition of torture and ill-treatment. On numerous occasions United Nations bodies have expressed concern about the denial of or conditional access to post-abortion care. often for the impermissible purposes of punishment or to elicit confession. The Human Rights Committee explicitly stated that breaches of article 7 of the International Covenant on Civil and Political Rights include forced abortion, as well as denial of access to safe abortions to women who have become pregnant as a result of rape and raised concerns about obstacles to abortion where it is legal.
- 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
- Health
- Personnes concernées
- Women
- Année
- 2013
Paragraphe
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. 58
- Paragraph text
- In 2008 the mandate made significant strides in the development of norms for the abolition of forced psychiatric interventions on the basis of disability alone as a form of torture and ill-treatment (see A/63/175). The Convention on the Rights of Persons with Disabilities also provides authoritative guidance on the rights of persons with disabilities and prohibits involuntary treatment and involuntary confinement on the grounds of disability, superseding earlier standards such as the 1991 Principles for the Protection of Persons with Mental Illness and for the Improvement of Mental Health Care (1991 Principles).
- 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
- Persons with disabilities
- Année
- 2013
Paragraphe
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 24
- Paragraph text
- It is important to note that States have an obligation to investigate in full compliance with the Istanbul Protocol as a procedural obligation, to ensure that measures taken are sufficient to determine whether torture or other ill-treatment has taken place and identify the perpetrator. Non-State actors, such as health professionals documenting torture and other ill-treatment are not under any such procedural obligation and may thus, depending on the circumstances, reliably document torture through less elaborate measures that those prescribed in the Istanbul Protocol. Articles 12 and 13 of the Convention against Torture expressly require prompt or immediate investigations upon receipt of complaints of torture. Promptness relates not only to the time within which the investigation must be commenced, but also to the expediency with which it is conducted. The authorities must take whatever reasonable steps they can to secure the evidence concerning the incident, including inter alia forensic evidence. Any deficiency in the investigation that undermines its ability to establish the cause of injury or the person responsible falls foul of this standard. The European Court of Human Rights considered that the failure to secure the forensic evidence in a timely manner was one of the important factors contributing to the ineffectiveness of the investigation. An impartial examination requires a competent body, independent from the alleged perpetrator, equipped with full investigative powers in order to secure evidence and establish the facts so that its findings can be brought before the authorities responsible for criminal proceedings.
- 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
- Health
- Personnes concernées
- All
- Année
- 2014
Paragraphe
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;
- 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
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personnes concernées
- All
- Année
- 2013
Paragraphe
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 47
- Paragraph text
- Specialized health professionals can, through careful and thorough evaluation of physical and psychological sequelae, provide crucial medical and psychological findings and evidence that can be communicated to the judiciary and other bodies adjudicating civil, administrative and criminal matters, including claims made under the exclusionary and non-refoulement rules, and victims' claims for reparation. In addition, forensic evaluation of victims contributes to the assessment of acute and long-term medical and psychological care and rehabilitation they require. Lastly, medical and psychological documentation can help monitor and collect statistics on torture and other ill-treatment so that official bodies and the general public are aware of torture practices in order to develop appropriate public policies to prevent torture and encourage reform.
- 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
- Health
- Personnes concernées
- All
- Année
- 2014
Paragraphe
The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 48
- Paragraph text
- A violation of the prohibition against acts of torture or other ill-treatment and the obligation to prevent can be committed by both active participation and acts of complicity in such acts. Article 4, paragraph 1, of the Convention refers to the individual criminal liability of a person for complicity or participation in torture. The Committee against Torture considered complicity to include acts that amount to instigation, incitement, superior order and instruction, consent, acquiescence and concealment. It is clear that acquiescence, as contained in article 1 of the Convention, on the part of State officials is sufficient for the conduct of those officials to be attributed to the State and to lead to State responsibility for torture. Although not written explicitly, article 4, paragraph 1, of the Convention reflects an obligation on States themselves not to be complicit in torture, through the actions of their organs or persons whose acts are attributable to them.
- 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
- 2014
Paragraphe
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. 37
- Paragraph text
- Many policies and practices that lead to abuse in health-care settings are due to discrimination targeted at persons who are marginalized. Discrimination plays a prominent role in an analysis of reproductive rights violations as forms of torture or ill-treatment because sex and gender bias commonly underlie such violations. The mandate has stated, with regard to a gender-sensitive definition of torture, that the purpose element is always fulfilled when it comes to gender-specific violence against women, in that such violence is inherently discriminatory and one of the possible purposes enumerated in the Convention is discrimination (A/HRC/7/3, para. 68).
- 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
- Health
- Violence
- Personnes concernées
- Women
- Année
- 2013
Paragraphe
The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 82f
- Paragraph text
- [Regarding the use of information tainted by torture in any proceedings, all States should:] Clarify the procedural rules on admissibility, including the burden of proof applied by courts, by ensuring that the burden of proof is shifted to the State when the appellant advances a plausible reason as to why evidence may have been procured by torture or other cruel, inhuman or degrading treatment or punishment; and that the court enquires as to whether there is a real risk that the evidence has been obtained by torture or other cruel, inhuman or degrading treatment or punishment and if there is, that the evidence is not admitted;
- 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
- 2014
Paragraphe
Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 11
- Paragraph text
- In the present report, the Special Rapporteur addresses the extraterritorial application of the prohibition of torture and other ill-treatment and attendant obligations in international human rights law, in particular the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Human rights norms were initially conceived to regulate not just States' behaviour vis-à-vis persons present within their territories but also towards any persons under their jurisdiction, a concept that unequivocally covers some extraterritorial acts and situations. In practice, the increasingly transnational nature of State actions entails a need to ensure that States abide by their fundamental human rights obligations when acting beyond, or when their domestic acts cause injury outside, their territorial boundaries.
- 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
- 2015
Paragraphe
Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 21
- Paragraph text
- Violations of the prohibition against torture or other ill-treatment - and of preventive obligations - can be committed by perpetration, omission and acts of complicity. Article 4 (1) of the Convention against Torture refers to the individual criminal liability of a person for complicity or participation in torture. The Committee against Torture considers complicity to include acts that amount to instigation, incitement, superior order and instruction, consent, acquiescence and concealment. It is clear that acquiescence (art. 1 of the Convention) by State officials is sufficient for their conduct to be attributed to the State and give rise to State responsibility for torture. Article 4 (1) clearly reflects an obligation on States themselves not to be complicit in torture through the actions of their organs or persons whose acts are attributable to them (A/HRC/13/42).
- 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
- 2015
Paragraphe
Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 22
- Paragraph text
- State responsibility also derives from existing customary rules as codified in the draft articles on responsibility of States for internationally wrongful acts, which confirm that no State should aid or assist another State in the commission of an internationally wrongful act (arts. 16-18). In such cases responsibility is incurred if the former State provides aid or assistance to the latter (a) "with knowledge of the circumstances of the internationally wrongful act; and (b) the act would be internationally wrongful if committed by that State" (A/56/10 and Corr.1). Examples of assistance triggering State responsibility under article 16 include forms of assistance vital to the practice of extraordinary rendition and secret detention, including unchecked access to ports and military bases and "permissive" authorizations of the North Atlantic Treaty Organization for blanket overflight or landing rights, the provision of intelligence by one State to another with the foreseeable result being the torture or ill-treatment of an individual, and financial assistance to development projects in which torture was employed in the context of displacement or implementation. States should never 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 (arts. 40 and 41 of the draft articles). Therefore, if a State were torturing detainees, other States would have a duty to cooperate to bring the violation to an end and would be required not to give any aid or assistance to its continuation (A/67/396; A/HRC/13/42).
- 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
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2015
Paragraphe
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.
- 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
- 2014
Paragraphe
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.
- 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
- 2014
Paragraphe
The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 35
- Paragraph text
- There is an increasing trend towards the use of secret hearings, "closed material procedures" and "secret evidence". Furthermore, there is a trend to extend the use of closed proceedings from military commissions and extradition proceedings to civil cases in which the Government considers that sensitive material should not be made public, because the disclosure would be damaging to national security and the disclosure could potentially undermine the principle of confidentiality on which international intelligence-sharing arrangements are based. The definition of sensitive material is generally construed very broadly, meaning information which relates to, has come from, or is held by, the security and intelligence agencies.
- 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
- N.A.
- Année
- 2014
Paragraphe
The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 45
- Paragraph text
- In this sense, the customary non-refoulement provision, as contained in article 3 of the Convention, is one obligation under the overarching aim of preventing torture and other ill-treatment. It contains the obligation of States not to return a person if there are substantial grounds for believing that he or she would be in danger of being subjected to torture, even outside the territory and control of a State. In the case of Soering v. the United Kingdom, the European Court of Human Rights ruled that even though the European Convention for the Protection of Human Rights and Fundamental Freedoms does not contain a specific non-refoulement provision prohibiting the extradition of a person to another State where he would be subject, or be likely to be subjected, to torture or other ill-treatment, such obligation was already inherent in the general terms of the prohibition against torture by referring to the recognition of its absolute nature and its fundamental value for democratic societies.
- 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
- N.A.
- Année
- 2014
Paragraphe
The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 52
- Paragraph text
- However, the responsibility of a State for complicity in torture or other ill-treatment by collecting, sharing or receiving tainted information must be governed by a different standard, especially because for torture and other ill-treatment there is a clear, universal and absolute prohibition of a peremptory nature and an affirmative obligation to prevent. The responsibility of a State is objective and results from a policy or practice of acquiescing in torture in this manner. In addition, the special rules defined by draft articles 40 and 41 on the responsibility of States for internationally wrongful acts, referring to a "serious breach" of an "obligation arising under a peremptory norm of general international law", support the argument for a different, lower standard of intent for State complicity in 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
- 2014
Paragraphe
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.
- 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
- 2014
Paragraphe
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.
- 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
- 2015
Paragraphe
Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 16
- Paragraph text
- There is no presumption against the extraterritorial application of human rights treaties in international law. Where a State exercises power and authority over persons outside its national territory, its obligation to respect the pertinent human rights obligations continues; this presumption can be rebutted only when the nature and content of a particular right or treaty language indicate otherwise. This understanding is consistent with the evolution of human rights regimes and the displacement of the traditional international law emphasis on territorial sovereignty as a precondition for jurisdictional competence with the understanding of obligations erga omnes partes and the growth of specialized human rights regimes. Fundamental human rights and freedoms, such as the right to be free from torture and other ill-treatment, are universally recognized, as reflected in the Vienna Declaration and Programme of Action, as "the birthright of all human beings [and] their protection and promotion [as] the first responsibility of Governments".
- 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
- Social & Cultural Rights
- Personnes concernées
- N.A.
- Année
- 2015
Paragraphe
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 62
- Paragraph text
- According to the European Court of Human Rights, even short term detention of migrant children is a violation of the prohibition on torture and other ill-treatment, holding a child's vulnerability and best interests outweigh the Government's interest in halting illegal immigration. The Inter-American Court of Human Rights further noted that, when assessing the possibility to return, expel, deport, repatriate, reject at the border, or not to admit or in any way transfer or remove a child to a State, the best interests of the child must be determined, which also incorporate the component of adequate development and survival of the child.
- 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
- Movement
- Personnes concernées
- Children
- Persons on the move
- Année
- 2015
Paragraphe
Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 56
- Paragraph text
- The Special Rapporteur notes that article 14 is not geographically limited on its face and will apply no matter where the torture takes place (CAT/C/CR/34/CAN). The Committee authoritatively states that the application of article 14 is not limited to victims who were harmed in the territory of the State party or to torture committed by or against nationals of the State party. States must provide restitution, compensation, rehabilitation, satisfaction and guarantees of non repetition to victims of torture. The understanding submitted by the United States that article 14 was limited to territory under a State's jurisdiction is at odds with its legislation (Alien Tort Claims Act) and jurisprudence. It has been rejected by subsequent action, such as the enactment of the Torture Victim Protection Act, and in any event indicates the otherwise comprehensive extraterritorial applicability of the article.
- 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
- 2015
Paragraphe
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 67
- Paragraph text
- With regard to migrant children, authorities routinely impede their access to lawyers, non-governmental organizations, service providers, interpreters and other sources of information and protection. Furthermore, children often never meet with their appointed guardian because they are deported before their representative arrives. In some cases, the report of a child's ill-treatment is routinely ignored by the official guardians. States have similarly failed to implement a legal right to representation for children detained in health-care settings. Even when States provide a legal right to review, it generally does not cover children placed with parental consent.
- 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
- Health
- Movement
- Personnes concernées
- Children
- Persons on the move
- Année
- 2015
Paragraphe
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 80
- Paragraph text
- Within the context of administrative immigration enforcement, it is now clear that the deprivation of liberty of children based on their or their parents' migration status is never in the best interests of the child, exceeds the requirement of necessity, becomes grossly disproportionate and may constitute cruel, inhuman or degrading treatment of migrant children. Following the advisory opinion of the Inter-American Court of Human Rights on the rights and guarantees of children in the context of migration and/or in need of international protection in 2014, the Special Rapporteur recalls the different procedural purposes between immigration and criminal proceedings, and that, in the words of the Court, "the offenses concerning the entry or stay in one country may not, under any circumstances, have the same or similar consequences to those derived from the commission of a crime." The Special Rapporteur therefore concludes that the principle of ultima ratio that applies to juvenile criminal justice is not applicable to immigration proceedings. The deprivation of liberty of children based exclusively on immigration-related reasons exceeds the requirement of necessity because the measure is not absolutely essential to ensure the appearance of children at immigration proceedings or to implement a deportation order. Deprivation of liberty in this context can never be construed as a measure that complies with the child`s best interests. Immigration detention practices across the globe, whether de jure or de facto, put children at risk of cruel, inhuman or degrading treatment or punishment. Furthermore, the detention of children who migrate to escape exploitation and abuse contravenes the duty of the State to promote the physical and psychological recovery of child victims in an appropriate environment. Therefore, States should, expeditiously and completely, cease the detention of children, with or without their parents, on the basis of their immigration status. States should make clear in their legislation, policies and practices that the principle of the best interests of the child takes priority over migration policy and other administrative considerations. Also, States should appoint a guardian or adviser as soon as the unaccompanied or separated child is identified, and maintain such guardianship arrangements until the child has either reached the age of majority or has permanently left the territory and/or jurisdiction of the State (A/HRC/20/24, para. 41). While the Special Rapporteur acknowledges that, in certain circumstances it is possible for States to place children in a shelter or other accommodation when it is based on the purpose of child care, protection and support, this should not become a proxy for expanded unnecessary restrictions to the liberty of child migrants and families. States are required to favour measures that promote the care and well-being of the child rather than the deprivation of liberty. Facilities that grant accommodation for migrant children should have all the material conditions necessary and provide an adequate regime to ensure comprehensive protection from ill-treatment and torture, and allow for their holistic development. Migrant children should be separated from children who have been accused or convicted of criminal offences and from adults. The Special Rapporteur notes, however, that separating child migrants from unrelated adults can sometimes itself result in harm by depriving children of important interactions; ample opportunities for broader human interaction and physical activity must therefore be given to unaccompanied migrant children. When children are accompanied, the need to keep the family together is a not sufficient reason to legitimize or justify the deprivation of liberty of a child, given the prejudicial effects that such measures have on the emotional development and physical well-being of children. The Special Rapporteur shares the view of the Inter-American Court of Human
- 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
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2015
Paragraphe
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.
- 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
- Persons on the move
- Année
- 2016
Paragraphe
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 73d
- Paragraph text
- [With regard to domestic and private-actor violence against women, girls, and lesbian, gay, bisexual, transgender and intersex persons, the Special Rapporteur calls upon States to:] Enact legislation that prohibits discrimination by public actors and private parties, including hate crime laws that sanction homophobic and transphobic violence; ensure that appropriate laws apply to all persons equally, regardless of real or perceived sexual orientation and gender identity; and implement effective complaint and enforcement procedures and systems for quantifying prohibited acts.
- 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
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 54
- Paragraph text
- As a matter of best practice, interviewers are encouraged to proceed, when necessary, with probing questions designed to elicit information that will test all possible alternative explanations identified during the preparation of the interview. Strategic probing and disclosure of potential evidence allows officers to explore the interviewee's account in depth before proceeding to the next topic, helping to ensure that the presumption of innocence is respected while strengthening the case against a guilty suspect by preventing the subsequent fabrication of an alibi. Although interviewers may be persistent with their line of questioning when probing the interviewee's account, questioning must never become unfair or oppressive.
- 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
- Année
- 2016
Paragraphe
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 74c
- Paragraph text
- [With regard to harmful practices, the Special Rapporteur calls upon States to:] Implement and enforce uniform laws that prohibit child marriage before the age of 18, with no exceptions on the basis of parental consent or personal status laws; extend the prohibition to cover traditional and religious marriages; provide appropriate assistance to women and girls living in forced marriages, including by helping women leave the marriage with a share of matrimonial assets, custody of children and the right to remarry; and provide support to victims' dependents and members of immediate 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
- Harmful Practices
- Social & Cultural Rights
- Personnes concernées
- Children
- Girls
- Women
- Année
- 2016
Paragraphe
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 42
- Paragraph text
- The Special Rapporteur therefore aims to clarify how terms such as "torture", "cruel", "inhuman" and "degrading" should be interpreted within the context of extra-custodial use of force, particularly in view of potential justifications such as law enforcement, crowd control, or self-defence or defence of others. He will also examine how this subject area interrelates with the protection of other fundamental rights such as, most notably, the right of peaceful assembly, freedom of expression and the right to life. Further, the Special Rapporteur plans to examine the extent to which the use of certain types of weapons, riot control devices or other means and methods of law enforcement would have to be considered intrinsically cruel, inhuman or degrading in the light of their immediate to long-term consequences.
- 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
- Violence
- Personnes concernées
- All
- Année
- 2017
Paragraphe
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 52
- Paragraph text
- At the same time, the Special Rapporteur cannot ignore that, despite more than three decades of dedicated work of the mandate and countless other international, governmental and non-governmental stakeholders, torture and other cruel, inhuman or degrading treatment or punishment are still rampant in most, if not all, parts of the world. In particular, the Special Rapporteur observes with alarm that, since the turn of the century, the rise of transnational terrorism, organized crime and other actual or perceived threats has given way to an increasing tolerance for violent political narratives and popular beliefs that not only trivialize torture and other cruel, inhuman or degrading treatment or punishment but even promote and incite their use in the name of national security and the fight against terrorism.
- 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
- 2017
Paragraphe
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 30
- Paragraph text
- International law requires that States guarantee the effective protection of persons at risk of torture and ill-treatment, in particular persons deprived of their liberty who are under the complete control of the detaining authorities. Indeed, arrest and deprivation of liberty are inherently associated with a risk of intimidation, torture and other ill-treatment, and experience shows that this risk is especially high in the very early stages of custody and detention. At times, initial police custody or remand detention is extended beyond the legally permissible period, thus making the detained individual particularly vulnerable to abuse. Moreover, while the physical and psychological conditions of detention in police custody may be acceptable for periods up to 48 hours, they often are completely inadequate for housing persons for any longer periods.
- 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
- 2017
Paragraphe
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 27
- Paragraph text
- The Special Rapporteur welcomes the proposal put forward by his predecessor in his last report to the General Assembly (A/71/298) in which he advocated for the development of universal guidelines for investigative interviewing practices. These would be grounded in fundamental principles of international human rights law and would identify a set of standards for non-coercive interviewing methods and procedural safeguards that ought, as a matter of law and policy, to be applied at a minimum to all interviews by law enforcement officials, military and intelligence personnel and other bodies with investigative mandates.
- 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
- N.A.
- Année
- 2017
Paragraphe
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 38
- Paragraph text
- The Special Rapporteur fully endorses the long-standing jurisprudence and doctrine stating that the absolute prohibition against refoulement contained in the Convention against Torture is stronger than that found in refugee law under article 33 of the 1951 Convention relating to the Status of Refugees. This absolute prohibition means that persons may not be returned even when they may not otherwise qualify for refugee status under the 1951 Convention or domestic law. Accordingly, non-refoulement under the Convention against Torture must be assessed independently of refugee or asylee status determinations, so as to ensure that the fundamental right to be free from torture or other ill-treatment is respected even in cases where non-refoulement under refugee law may be circumscribed.
- 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
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2017
Paragraphe
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 51
- Paragraph text
- Systematic and solid preparation increases the quality and likelihood of successful interviews. Conversely, insufficient preparation is bound to cause setbacks and creates risks that agents will resort to pressure or physical coercion to elicit information or confessions. Adequate preparation requires full knowledge of and compliance with applicable rules of procedure governing the conduct of interviews. To conduct the most effective interview possible, officers should, among other things, have clear knowledge and understanding of all information pertinent to the case, be fully cognizant of the legal definition of the offence under investigation and identify all potential evidence in the case file and every possible explanation of its origin. The preparation of a strategy and interview structure designed to best elicit information is also essential, as is the ability to remain flexible throughout the interview.
- 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
- All
- Année
- 2016
Paragraphe
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 70w
- Paragraph text
- [With regard to women, girls, and lesbian, gay, bisexual and transgender persons in detention, the Special Rapporteur calls on all States to:] Set up operational protocols, codes of conduct, regulations and training modules for the ongoing monitoring and analysis of discrimination against women, girls, and lesbian, gay, bisexual and transgender persons with regard to access to all services and rehabilitation programmes in detention; and document, investigate, sanction and redress complaints of imbalance and direct or indirect discrimination in accessing services and complaint mechanisms;
- 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
- Governance & Rule of Law
- Personnes concernées
- Girls
- LGBTQI+
- Women
- Année
- 2016
Paragraphe
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.
- 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
- 2017
Paragraphe
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 23
- Paragraph text
- Article 2 of the Inter-American Convention to Prevent and Punish Torture of 1985 provides that: Torture shall be understood to be any act intentionally performed whereby physical or mental pain or suffering is inflicted on a person for purposes of criminal investigation, as a means of intimidation, as personal punishment, as a preventive measure, as a penalty, or for any other purpose. Torture shall also be understood to be the use of methods upon a person intended to obliterate the personality of the victim or to diminish his physical or mental capacities, even if they do not cause physical pain or mental anguish. The concept of torture shall not include physical or mental pain or suffering that is inherent in or solely the consequence of lawful measures, provided that they do not include the performance of the acts or use of the methods referred to in this article.
- 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
- 2017
Paragraphe
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 47
- Paragraph text
- The legal equation changes fundamentally when it comes to intentional and purposeful infliction of pain or suffering on a powerless person. Intentionality and purposefulness involve the deliberate instrumentalization of the pain or suffering inflicted on a powerless person as a vehicle for achieving a particular purpose (for example, coercion, intimidation, punishment, discrimination or sadistic gratification), as opposed to the infliction of pain and suffering as an inevitable side effect of an act pursuing a different purpose (for example, a medical intervention, effecting an arrest or repelling an attack). Powerlessness means that the victim is under the direct physical or equivalent control of the perpetrator and has lost the capacity to resist or escape the infliction of pain or suffering. In such circumstances, there can be no justification for the intentional and purposeful infliction of pain or suffering, regardless of whether, under the relevant treaty definition, it qualifies as torture or “other” cruel, inhuman or degrading treatment or punishment. In the view of the Special Rapporteur, the deliberate instrumentalization of pain or suffering, in conjunction with the powerlessness of the victim, are the very essence of torture and of the fundamental attack on human dignity it represents. Thus, notwithstanding any additional elements that may be required for a formal qualification as “torture” under the applicable treaty definition, any extra-custodial use of force that involves the intentional and purposeful infliction of pain or suffering on a powerless person as a vehicle for achieving a particular purpose will always amount to an aggravated form of cruel, inhuman or degrading treatment or punishment, irrespective of considerations of lawful purpose, necessity or proportionality and irrespective of its qualification as torture under the applicable treaty definition.
- 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
- 2017
Paragraphe
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 60
- Paragraph text
- The duty to conduct legal reviews applies to weapons in the broadest sense, as well as the manner in which they are intended or reasonably expected to be used. A meaningful weapons review involves experts from various disciplines, given that it requires an examination of all relevant information regarding the weapon, such as its technical description, its performance and reliability, its environmental and medical impact and, most importantly for the present context, the nature and severity of the physical, mental and emotional injury, pain or suffering likely to be inflicted.
- 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
- Environment
- Health
- Humanitarian
- Personnes concernées
- All
- Année
- 2017
Paragraphe
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 36
- Paragraph text
- Thus, while the generic concept of cruel, inhuman or degrading treatment or punishment clearly is not limited to ill-treatment inflicted on persons deprived of their liberty, the concept of torture requires that the perpetrator exercise direct physical or equivalent control over the victim and that the victim is incapable of resisting or escaping the infliction of pain or suffering (“powerlessness”). In principle, therefore, the universal customary prohibition of cruel, inhuman or degrading treatment or punishment and, in situations of powerlessness, of torture are fully applicable to the extra-custodial use of force by State agents.
- 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
- 2017
Paragraphe
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 55
- Paragraph text
- Another issue arising with regard to certain “less lethal” weapons is their indiscriminate effects, which make it difficult to restrict the use of force and the resulting harm as required by the principles of necessity and proportionality, particularly in the presence of innocent bystanders (for example, in crowd control or hostage-taking). While the indiscriminate nature of a weapon alone does not necessarily make it cruel, inhuman or degrading, it may do so in conjunction with the gravity of its effects (for example, certain kinetic impact projectiles) or with the circumstances in which it is being used (for example, tear gas in closed confinements).
- 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
- Humanitarian
- Violence
- Personnes concernées
- All
- Année
- 2017
Paragraphe
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 65c
- 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:] Require that any other extra-custodial use of force by State agents: (i) pursue a lawful purpose; (ii) be strictly necessary for the achievement of that purpose; (iii) cause no harm that would be disproportionate to the benefit of achieving that purpose and (iv) be planned, prepared and conducted so as to minimize, to the greatest extent possible, the causation of harm.
- 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
- All
- N.A.
- Année
- 2017
Paragraphe
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 65
- Paragraph text
- Before the beginning of every interview, the information provided must include, at a minimum, the rights to remain silent during questioning; to a lawyer of one's choice and free legal aid where the interests of justice so require; to consult counsel before questioning and to be questioned in the presence of counsel; and to free and effective interpretation and translation if the individual does not understand or adequately speak the language of questioning (see the Rome Statute, art. 55; and European directive 2012/13/EU).
- 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
- 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. 83
- Paragraph text
- The interpreter's role during questioning is to facilitate communication neutrally and objectively. His or her presence serves as a safeguard against mistreatment and coercion. The protocol should provide practical guidance as to the role, rights and responsibilities of interpreters during the conduct of interviews and emphasize that the right to interpretation applies to the questioning of all persons who are arrested or deprived of liberty, including during armed conflict and in administrative detention (Body of Principles, principle 14).
- 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
- Humanitarian
- 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. 95
- Paragraph text
- All violations, including of the right to be properly informed of one's rights and to legal assistance, must be impartially investigated upon complaint and subject to appropriate sanctions. The protocol should consider prospective remedies and sanctions, such as disciplinary or administrative action and obligation to undertake additional training, for breaches of standards and attendant procedural safeguards designed to prevent the use of coercive interviewing practices.
- 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
- 2016
Paragraphe
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 14
- Paragraph text
- In many jurisdictions, the criminalization of abortion, "moral crimes" like adultery and extramarital relationships, and witchcraft and sorcery, among others - offences that are aimed at or that solely and disproportionately affect women, girls and persons on the basis of their perceived or actual sexual orientation or gender identity - besides constituting violations of international human rights law in and of themselves are also a significant factor in prison overcrowding, which has a negative impact on all aspects of detainees' lives and gives rise to ill-treatment or 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
- Gender
- Harmful Practices
- Health
- Violence
- Personnes concernées
- Girls
- 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. 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).
- 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
- Equality & Inclusion
- 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. 87
- Paragraph text
- The records should be made available to the interviewee and his or her counsel. The interviewee should have the opportunity to verify that the written record, if used, accurately reflects his or her statements. As a matter of good practice, all persons present during questioning may be asked to sign the written record to attest to their presence and its accuracy. Audiovisual recordings must be clearly identified, properly labelled, safely stored and preserved. Destroying or tampering with records establishing proof of mistreatment should be criminalized under national law.
- 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
- 2016
Paragraphe
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.
- 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
- N.A.
- Année
- 2010
Paragraphe
Impunity as a root cause of the prevalence of torture 2010, para. 76
- Paragraph text
- Many countries already have national mechanisms in place for the inspection of places of detention, such as visiting judges and prosecutors, inspection boards subordinate to relevant ministries, and national human rights institutions, or they allow non-governmental organizations to carry out monitoring visits. In addition, there are independent regional mechanisms such as the European Committee for the Prevention of Torture and international mechanisms such as the Working Group on Arbitrary Detention and the Special Rapporteur on torture that can inspect places of detention.
- 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
Overview of main observations of five years fact-finding and research 2010, para. 58
- Paragraph text
- In practice, the right to a remedy and adequate reparation for victims of torture is either non-existent or severely limited, and adequate reparation is almost never provided. In addition, a common problem is that victims and relatives of victims often do not enjoy legal standing in relation to allegations of torture and are therefore prevented from claiming reparation. If at all, medical, psychological and social rehabilitation is usually not provided by Governments responsible for the torture inflicted but by private organizations, usually in the countries that granted asylum to the victims.
- 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
- Families
- Année
- 2010
Paragraphe
Overview of working methods and vision 2011, para. 69
- Paragraph text
- The Special Rapporteur believes that frequent and unannounced visits, including timely and unlimited internal monitoring by independent mechanisms in all places of deprivation of liberty, are crucial for the prevention of torture. The Special Rapporteur further recalls the recommendations made by the experts of the joint study on global practices in relation to secret detention in the context of countering terrorism to, inter alia, fully respecting safeguards for persons deprived of their liberty and providing victims with judicial remedies and adequate, effective and prompt reparation.
- 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
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).
- 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
Commissions of inquiry 2012, para. 37
- Paragraph text
- In recent years, the United Nations has appointed non-judicial commissions of inquiry that have taken a variety of forms. Such commissions were established by the Security Council in the case of, for example, Darfur (resolution 1564 (2004)) and Lebanon (resolutions 1595 (2005), 1636 (2005) and 1644 (2005)); and by the Secretary-General in the case of, for instance, Côte d'Ivoire, Timor-Leste (resolution 1690 (2006)), Guinea and Pakistan. The commissions of inquiry had prescribed terms of reference that focused on violations of human rights and humanitarian law.
- 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
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).
- 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
- Personnes concernées
- Persons with disabilities
- Année
- 2013
Paragraphe
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.
- 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
- Personnes concernées
- Ethnic minorities
- Année
- 2013
Paragraphe
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. 2
- Paragraph text
- The prohibition of torture is one of the few absolute and non-derogable human rights, a matter of jus cogens, a peremptory norm of customary international law. Examining abuses in health-care settings from a torture protection framework provides the opportunity to solidify an understanding of these violations and to highlight the positive obligations that States have to prevent, prosecute and redress such violations.
- 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
- Health
- Personnes concernées
- N.A.
- Année
- 2013
Paragraphe
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. 29
- Paragraph text
- As the Special Rapporteur on the right to health observed, while informed consent is commonly enshrined in the legal framework at the national level, it is frequently compromised in the health-care setting. Structural inequalities, such as the power imbalance between doctors and patients, exacerbated by stigma and discrimination, result in individuals from certain groups being disproportionately vulnerable to having informed consent compromised (ibid., para. 92).
- 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
- Année
- 2013
Paragraphe
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.
- 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
- Health
- Violence
- Personnes concernées
- Women
- Année
- 2013
Paragraphe
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 61
- Paragraph text
- Accordingly, in Bader and Kanbor v. Sweden (2005), the European Court of Human Rights held that the applicant had a justified and well-founded fear that the death sentence imposed on him after an unfair trial would be enforced if he were compelled to return to his home country, and that since executions were carried out without any public scrutiny or accountability, the surrounding circumstances would inevitably cause him considerable fear and anguish. The Court concluded that the death sentence imposed following an unfair trial would cause the applicant and his family additional fear and anguish as to their future if they were forced to return to the Syrian Arab Republic and, accordingly, would give rise to a violation of articles 2 and 3 (referring to the prohibition of torture and cruel, inhuman or degrading treatment) of the European Convention. In Ocalan v. Turkey (2005), the European Court held that the fear and uncertainty about the future generated by a death sentence, when a real possibility existed that the sentence would be enforced, inevitably caused strong human anguish. Such anguish could not be disassociated from the unfairness of the proceedings underlying the sentence, which, given that human life was at stake, became unlawful under the Convention. Consequently, the imposition of the death sentence following an unfair trial by a court whose independence and impartiality were open to doubt was held to amount to inhuman treatment, in violation of article 3 of the European 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
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- Families
- Année
- 2012
Paragraphe
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 81
- Paragraph text
- In accordance with article 3 of the Convention against Torture and further customary law, the Special Rapporteur calls upon all States not to expel, return or extradite a person to another State where there are substantial grounds for believing that there is a danger of the person being sentenced to death and subsequently subjected to detention on death row, severe mental or physical suffering or executed in a manner inconsistent with the prohibition of torture and cruel, inhuman or 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
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.
- 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
- Health
- Humanitarian
- Personnes concernées
- All
- Année
- 2014
Paragraphe
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 72a
- Paragraph text
- [Recommendations regarding capacity-building and training:] Raise awareness among concerned professionals and society at large on the role of documentation and its importance in broader anti-torture policies and initiatives; bring together key professionals, comprising both officials and civil society with established forensic expertise, to promote forensic capacity-building, and to develop strategies and practices on how best to document and investigate torture cases with a view to ensuring accountability and reparation;
- 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
- N.A.
- Année
- 2014
Paragraphe
The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 44
- Paragraph text
- The obligation to take effective preventive measures transcends the items enumerated specifically in the Convention. Article 2, paragraph 1, provides authority to build upon subsequent articles (articles 3 to 15 of the Convention), referring to specific measures known to prevent acts of torture and other ill-treatment and to expand the scope of measures required for such prevention. Thus, States must take effective preventive measures, including by good-faith interpretation of the existing provisions, to eradicate torture and 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
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2014
Paragraphe
The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 23
- Paragraph text
- Some progress has been made. Confessions, once considered the "queen of evidence", now require corroboration in most countries. Extrajudicial confessions are not generally considered as full evidence or given weight as presumptive or even circumstantial evidence. However, the practices in a number of countries show that forced confessions are still deemed admissible and that judges and prosecutors fail to investigate promptly and impartially allegations of torture or other 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
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2014
Paragraphe
The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 56
- Paragraph text
- In cases where there is no record of "systematic" torture, State responsibility is triggered if the State that collects, shares or receives information knew, or ought to have known, that there was a real risk that it could lead to or was acquired through impermissible means in another State. Due diligence in making such a determination should be demanded from States that rely on information not gathered by their own agents. By accepting information without investigating or questioning the manner in which it was extracted, the receiving State inevitably implies the "recognition of lawfulness" of such practices, even if that information was obtained only for operational purposes, and aids and assists the torturing State in maintaining impunity for the acts of torture. Even by once receiving information tainted by torture, the receiving State does in fact encourage the receipt of information from agencies that pursue investigations in violation of the framework of international human rights law. It creates a demand for information tainted by torture and elevates its operational use to a policy. In order to avoid complicity, executive agencies must assess the situation and rule out the existence of such a risk before interacting with foreign States. After-the-fact acceptance and use of information that is likely to have been obtained by torture or other ill-treatment constitute implicit recognition of the situation created by the torture or ill-treatment as lawful, since it treats the information no differently than legally obtained information.
- 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
- 2014
Paragraphe
The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 78
- Paragraph text
- Information tainted by torture, even when not intended to be used in court proceedings, must therefore be treated in the same way that a court would treat evidence obtained by torture or other ill-treatment. The Special Rapporteur reiterates that every use of such information is an encouragement of torture or ill-treatment after the fact and therefore establishes complicity in such acts and a failure to prevent the next round of torture or other 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
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2014
Paragraphe
The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 83h
- Paragraph text
- [Regarding the use by executive actors of information tainted by torture, all States should:] Restrain from collecting, sharing or receiving information, even if there is no pattern of systematic torture, if it is known, or should be known, that there is a real risk of acts of torture or other cruel, inhuman or degrading treatment or punishment and ensure that opposition to such treatment is clearly communicated to the providing 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
- 2014
Paragraphe
Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 12
- Paragraph text
- Extraterritorial State acts (or omissions) - whether lawful or unlawful - often have a significant impact on the fundamental rights of individuals outside their borders, thereby implicating States' responsibilities under international human rights law. State actions that produce significant extraterritorial effects merit analysis through the prism of international human rights law. Such actions can include cross-border military operations or use of force (A/68/382 and Corr.1); the occupation of foreign territories; anti-migration and anti-piracy operations; peacekeeping, policing or covert operations in foreign territories; the practice of detaining persons abroad; extraditions, rendition to justice and extraordinary rendition; and the exercise of de facto control or influence over non-State actors operating in foreign territories. All these scenarios can involve the commission or risk of torture or other ill-treatment as defined by the Convention, international humanitarian law, international criminal law or customary international law. Of particular concern are States' attempts to undermine the absolute legal prohibition of torture and other ill-treatment by evading or limiting responsibility for extraterritorial acts or effects by their agents that contravene their fundamental legal obligations; to narrowly interpret treaty jurisdictional provisions; and to dilute well-established obligations to ensure and fulfil positive human rights obligations whenever they exercise control or authority over an area, place, individual(s) or transaction.
- 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
- Movement
- Personnes concernées
- N.A.
- Année
- 2015
Paragraphe
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 22
- Paragraph text
- Under article 12 of the Convention against Torture, States are obliged to undertake an effective investigation whenever there are indications of torture or other ill-treatment, even without an express or formal complaint. Such an approach should be followed whether or not the victim bears visible external injuries. Allegations of torture and other ill-treatment should be admitted at any stage of the trial and courts are obliged to launch ex officio investigations whenever there are reasonable grounds to suspect 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
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2014
Paragraphe
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 68c
- Paragraph text
- [Recommendations regarding the effective investigation of allegations of torture or other ill-treatment:] Ensure forensic and medical reports are of sufficient quality, thereby requiring the use of standardized medico-legal evaluation report forms that comply with Istanbul Protocol guidelines; health professionals must be guaranteed full access to all relevant documentation that may pertain to the case, including medical records, legal documents, the crime scene, witnesses and interrogation records;
- 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
- Personnes concernées
- All
- Année
- 2014
Paragraphe
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 29
- Paragraph text
- To ensure that detention will not disrupt preparation for adulthood and the full realization of a child's potential, access to education is a fundamental right of children deprived of their liberty. While Rule 77 (1) of the Standard Minimum Rules for the Treatment of Prisoners states that the education of illiterates and children should be compulsory, articles 38 to 46 of the Havana Rules also recommend participation in community schools, the availability of diplomas without reference to institutionalization, and the provision of vocational training.
- 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
- Education
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Children
- Année
- 2015
Paragraphe
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 42
- Paragraph text
- Many States continue to hold children and adults in the same facilities, in particular those in pretrial detention and police custody, but also during transportation or in the context of immigration detention. Moreover, the continuous trying and sentencing of children as adults and the lack of specialized juvenile facilities have resulted in numerous children being placed in adult prisons. Disciplinary and other administrative rules and procedures are often applied, regardless of child status.
- 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
- Movement
- Personnes concernées
- Children
- Année
- 2015
Paragraphe
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 28
- Paragraph text
- The role of medical and forensic sciences in the prevention of torture and other ill-treatment for children deprived of their liberty is clear (see A/69/387, paras. 19-57). All children are to be properly interviewed and physically examined by a medical doctor or qualified nurse reporting to a doctor as soon as possible after their admission to an institution, preferably on the day of arrival. In the case of girls, access to gynaecologists and education on women's health care are to be provided.
- 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
- Children
- Girls
- Women
- Année
- 2015
Paragraphe
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 35
- Paragraph text
- States have an international obligation to put in place a dedicated legal system and law enforcement processes for children. All too often, criminal justice systems are designed for adults and incorporate none of the specific procedural safeguards required for children. In particular, adult criminal justice systems expose children to a range of sentences and disciplinary punishments aimed specifically at adults, without any rehabilitative component.
- 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
- Social & Cultural Rights
- Personnes concernées
- Children
- Année
- 2015
Paragraphe
The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 82c
- Paragraph text
- [Regarding the use of information tainted by torture in any proceedings, all States should:] Ensure that legislation concerning evidence presented in any proceedings is brought into line with the exclusionary rule, in order to exclude explicitly and declare inadmissible any evidence or extrajudicial statement obtained under torture or other ill-treatment at any stage of any proceedings, irrespective of the classification of that treatment as torture or other cruel, inhuman or degrading treatment or 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
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2014
Paragraphe
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 55
- Paragraph text
- The same guiding principles should apply to interviews of witnesses, victims and other persons in the criminal justice system. The protocol must additionally regulate objective, fair, human rights-based, non-coercive and rapport-based intelligence interviews during intelligence and military operations. Research and experienced practitioners agree that ethical information-gathering approaches similar to those employed in the criminal justice system lead to greater information gains and offer a more effective model than coercive intelligence interviewing.
- 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
- 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. 12
- Paragraph text
- In some jurisdictions, structural and resource deficiencies in the criminal justice system create conditions conducive to the proliferation of mistreatment. When Governments do not invest sufficient resources in the administration of justice, judges, prosecutors and law enforcement officials lack the necessary training and are overworked, underpaid and more prone to corruption (see A/HRC/13/39/Add.5). Under such circumstances, it is not uncommon for law enforcement officials to resort to torture or threats of torture to extract money from detainees or their relatives during investigations.
- 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
- Families
- 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. 32
- Paragraph text
- The Special Rapporteur is concerned by the deprivation of liberty of persons for the sole purpose of questioning, a practice that entails severe risks of torture and ill-treatment. Law enforcement, military and intelligence agencies cannot be permitted to detain persons without probable cause and for the sole purpose of gathering information or intelligence, including in armed conflict (see A/HRC/14/46 and A/HRC/10/3). The apprehension and detention of individuals in the absence of reasonable suspicion that they have committed or are about to commit a criminal offence, or of other internationally accepted lawful grounds for detention, are prohibited. Administrative detention outside armed conflict is prohibited save the "most exceptional circumstances"; when justified by a "present, direct and imperative threat" that cannot be addressed by alternative measures, it must be accompanied by adequate safeguards, last no longer than "absolutely necessary" and be subject to prompt and regular review. When authorized, administrative detention must be ordered, implemented and supervised by judicial authorities. Standards and procedural safeguards applicable to interviews of suspects in the criminal justice systems must equally and unambiguously apply, as a matter of law and policy, to the questioning of persons held in administrative or preventive detention outside of armed conflict (see Human Rights Committee, general comment No. 35 (2014) on liberty and security of person (article 9 of the International Covenant on Civil and Political Rights); and A/56/156).
- 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
- Humanitarian
- 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. 44
- Paragraph text
- Depending on their degree, severity, chronicity and type, undue psychological pressure and manipulative practices may themselves amount to inhuman or degrading treatment. This may be the case, among others, when certain techniques are used in combination, over a lengthy period or against vulnerable persons, including children, persons with psychosocial disabilities, persons who do not understand or adequately speak the language of the interviewing officers and other persons who may be particularly sensitive to coercion owing to their specific needs or physical or emotional development.
- 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
- Children
- Persons with disabilities
- Année
- 2016
Paragraphe
Solitary confinement 2011, para. 79
- Paragraph text
- The Special Rapporteur stresses that solitary confinement is a harsh measure which may cause serious psychological and physiological adverse effects on individuals regardless of their specific conditions. He finds solitary confinement to be contrary to one of the essential aims of the penitentiary system, which is to rehabilitate offenders and facilitate their reintegration into society. The Special Rapporteur defines prolonged solitary confinement as any period of solitary confinement in excess of 15 days.
- 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
- Health
- Personnes concernées
- All
- Année
- 2011
Paragraphe
Review of the standard minimum rules for the treatment of prisoners 2013, para. 81
- Paragraph text
- Regular inspection of places of detention constitutes one of the most effective preventive measures against torture. In this respect, the Special Rapporteur has stressed the importance of the universal ratification of the Optional Protocol to the Convention against Torture and the establishment of independent and professional national preventive mechanisms (see, for example, the guidelines on national preventive mechanisms (CAT/OP/12/5)).
- 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
- N.A.
- Année
- 2013
Paragraphe
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 73
- Paragraph text
- The evolving practice of States shows a clear trend towards abolition of the death penalty. Even in retentionist countries, practices and opinions have changed. Significantly, the trend to abolish and the trend to restrict are both informed by a stated conviction that capital punishment is cruel, inhumane and degrading, either per se or as applied.
- 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
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.
- 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
- 2013
Paragraphe
The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 71
- Paragraph text
- While being aware of the threats posed by terrorism and the duty of States to protect their people against such threats, the Special Rapporteur reiterates that the absolute nature of the prohibition of torture and other ill-treatment means that no exceptional circumstances whatsoever may be invoked as a justification for torture or other 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
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2014
Paragraphe
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 22
- Paragraph text
- In accordance with the Convention on the Rights of the Child, and regardless of the age of majority, the terms "children" and "child" refer to all persons under the age of 18 years.
- 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
- Social & Cultural Rights
- Personnes concernées
- Children
- Année
- 2015
Paragraphe
The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 58
- Paragraph text
- While such findings have been made in the particular context of international transfers of detainees, the reasoning applies with equal force to the collection, sharing and receiving of information by executive agencies and to the obligation of States to prevent and discourage torture and other 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
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- Persons on the move
- Année
- 2014
Paragraphe
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 84c
- Paragraph text
- [With regard to legislation, the Special Rapporteur calls upon all States:] To adhere to the United Nations Standard Minimum Rules for the Administration of Juvenile Justice, the United Nations Rules for the Protection of Juveniles Deprived of their Liberty and the United Nations Guidelines for the Prevention of Juvenile Delinquency.
- 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
- Adolescents
- Année
- 2015
Paragraphe
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 70u
- 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 all transgender detainees the choice of being searched by male or female officers;
- 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
- Equality & Inclusion
- Gender
- Personnes concernées
- Girls
- LGBTQI+
- Women
- Année
- 2016
Paragraphe
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 23
- Paragraph text
- The Istanbul Protocol was developed in the span of three years of analysis, research and drafting undertaken by more than 75 forensic physicians, psychologists, human rights monitors and lawyers representing 40 organizations and institutions from 15 countries. It became an official United Nations publication in 1999.
- 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
- N.A.
- Année
- 2017
Paragraphe
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 22
- Paragraph text
- The Istanbul Protocol is the first set of international guidelines for the forensic investigation and documentation of torture. It sets standards and procedures for the assessment of persons who allege to have been subjected to torture and other forms of ill-treatment, for investigation of alleged torture cases and for reporting such findings to the judiciary and other investigative bodies.
- 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
- 2017
Paragraphe
Solitary confinement 2011, para. 35
- Paragraph text
- Through its jurisprudence, the European Court of Human Rights emphasizes that certain procedural safeguards must be in place during the imposition of solitary confinement, for example, monitoring a prisoner's physical well-being, particularly where the individual is not in good health and having access to judicial review.
- 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
- Health
- Année
- 2011
Paragraphe
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 62b
- 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:] The prohibition of torture and other cruel, inhuman or degrading treatment or punishment not only protects persons deprived of their liberty, but also applies in extra-custodial settings;
- 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
- 2017
Paragraphe
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 66d
- Paragraph text
- [States should ensure that all law enforcement officials are trained, equipped and instructed so as to prevent any extra-custodial use of force amounting to torture and other cruel, inhuman or degrading treatment or punishment. In particular, States should:] Equip law enforcement officials with various types of weapons, ammunition and other means, including “less lethal” incapacitating weapons, with a view to allowing for the differentiated use of force aimed at avoiding or, in any event, minimizing harm and injury.
- 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
- Equality & Inclusion
- Humanitarian
- Personnes concernées
- All
- Année
- 2017
Paragraphe
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 72f
- Paragraph text
- [With regard to abuses in health-care settings, the Special Rapporteur calls upon States to:] Effectively monitor and regulate practices by public and private actors in health-care and educational settings to ensure the eradication of prohibited practices including, inter alia, the denial of maternal health care and compulsory medical examinations such as forced pregnancy and virginity testing, and investigate, prosecute and punish 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
- Harmful Practices
- Health
- Personnes concernées
- All
- Année
- 2016
Paragraphe
Overview of working methods and vision 2011, para. 73
- Paragraph text
- The Special Rapporteur recalls conclusions and recommendations made by previous mandate holders in their reports to the Human Rights Council and to the General Assembly, in particular those related to preventing torture, combating impunity for torture, providing victims of torture with an effective remedy and adequate reparation, as well as conditions of detention. He believes that they are integral to the global efforts to prevent and suppress torture and 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
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2011
Paragraphe
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).
- 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
- Health
- Personnes concernées
- Children
- Families
- Women
- Année
- 2016
Paragraphe
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).
- 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
- Violence
- Personnes concernées
- Children
- Girls
- Women
- Année
- 2016
Paragraphe