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Commissions of inquiry 2012, para. 19
- Paragraph text
- In the international human rights context, commissions of inquiry are independent investigative commissions created in response to human rights violations including, but not limited to, torture, genocide, extrajudicial killings, disappearances and incidents involving multiple or high-profile killings (A/HRC/8/3, para. 12). Most commissions of inquiry are established at the initiative of national Government authorities. International experts may be part of their composition. In the present report, commissions of inquiry are defined as national commissions of inquiry and truth commissions, as well as investigations undertaken by national human rights institutions. The quest for accountability and victims' rights are common denominators for commissions of inquiry and truth commissions. While a commission of inquiry is likely to be established at the height of violence, a truth commission may only be established once a conflict is over. Both national and international commissions of inquiry often result from concerted demands by civil society or the international community. International commissions of inquiry tend, however, to have comparatively briefer temporal mandates which seek to identify patterns of violations during a protracted period of armed conflict.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 52
- Paragraph text
- In Georgia, the Special Rapporteur received allegations that victims were encouraged by the prosecution to agree to plea-bargaining agreements without acknowledging their ill-treatment by the police.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Commissions of inquiry 2012, para. 78
- Paragraph text
- Commissions of inquiry into torture and other forms of ill-treatment are strong and flexible mechanisms that can yield substantial benefits for Governments, victim communities and the wider public. Unlike other mechanisms commonly engaged in the aftermath of allegations of torture and other forms of ill-treatment, such as criminal investigations and prosecutions, commissions of inquiry provide unique opportunities for a deeper understanding of the underlying context in which violations were committed, review of governmental policies, practices and institutional shortcomings, truth-telling and contributing to the healing of victim communities, and independent expert recommendations on reparation and guarantees of non-repetition. Commissions of inquiry can also play an integral role in providing impetus and eventually facilitating the formal investigation of current systems or legacies of torture and other forms of ill-treatment, and pave the way to effective and fair prosecutions. In these ways, commissions of inquiry may aid States in the fulfilment of their international legal obligations when allegations of torture and other forms of ill-treatment arise. However, in the absence of judicial mechanisms, a commission of inquiry alone will not satisfy a State's obligations.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 47
- Paragraph text
- Article 5 (2) establishes the obligation to bring perpetrators to justice (to investigate, prosecute and punish) under the universal jurisdiction principle, requiring that each State party must take the measures necessary to establish its jurisdiction over relevant offences in cases where the alleged offender is present in "any territory under its jurisdiction" and it does not extradite him or her. The clause "any territory under its jurisdiction" clearly refers to the alleged offender's presence in any territory under the State's jurisdiction at the time of prospective apprehension, as opposed to denoting the locus of the act of torture. The latter would be an implausible, textually unfounded interpretation and would defeat the Convention's object and purpose. As explained by Danelius, discussions during the drafting process: Centred round the concept of so-called universal jurisdiction [and] whether each State should undertake … to assume jurisdiction not only based on territory or the offender's nationality but also over acts of torture committed outside its territory by persons not being its nationals. The principle of universal jurisdiction - which had already been accepted in conventions against hijacking of aircraft and other terrorist acts - was eventually accepted and found its place in article 5(2).
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 33
- Paragraph text
- When medical examinations are legally permitted by investigators, prosecutors or penitentiary authorities, these authorities have ample opportunity to delay action so that any injuries have healed by the time such an examination is conducted. During country visits the Special Rapporteur observed that the practice of judges or prosecutors promptly ordering a medical examination on their own initiative or in response to indications of abuse is rare.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Violence
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
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. 16
- Paragraph text
- The analysis of abuse in health-care settings through the lens of torture and ill-treatment is based on the definition of these violations provided by the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and its authoritative interpretations. In order to demonstrate how abusive practices in health-care settings meet the definition of torture, the following section provides an overview of the main elements of the definition of torture.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Violence
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
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. 15
- Paragraph text
- The conceptualization of abuses in health-care settings as torture or ill-treatment is a relatively recent phenomenon. In the present section, the Special Rapporteur embraces this ongoing paradigm shift, which increasingly encompasses various forms of abuse in health-care settings within the discourse on torture. He demonstrates that, while the prohibition of torture may have originally applied primarily in the context of interrogation, punishment or intimidation of a detainee, the international community has begun to recognize that torture may also occur in other contexts.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Violence
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Commissions of inquiry 2012, para. 79
- Paragraph text
- For States interested in establishing a commission of inquiry, the Istanbul Protocol and the updated set of principles for the protection and promotion of human rights through action to combat impunity provide key guidance for the elaboration and implementation of international practice. The present report complements these highly regarded documents and previous work of the special procedures by identifying additional recommendations and best practices that are specific to the conduct of commissions of inquiry into torture and other forms of ill-treatment.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 68
- Paragraph text
- Rehabilitation centres for the victims of torture often operate in an environment characterized by insecurity and violence. Their engagement with victims of torture, the provision of medical services and particularly the documentation of torture cases make them frequent targets of those who inflicted the suffering. As a consequence, physicians, forensic experts, psychologists, administrative staff and volunteers all work under considerable personal risk and are often confronted with harassment, threats, assault or even killings.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 55
- Paragraph text
- In the 1978 case of Tyrer v. United Kingdom, the European Court of Human Rights referred to the European Convention as a living instrument that needed to be interpreted in the light of present-day conditions. In the Selmouni case (1999), the Court invoked this reasoning and argued that the definition of torture had to evolve with a democratic society's understanding of the term. Similar shifts in international law and, in particular, evolution of the understanding of prohibition of torture as encompassing prohibition of slavery and domestic violence or, more recently, the qualification of rape as falling within the scope of the prohibition of torture and cruel, inhuman or degrading treatment, show that the notion of torture has developed over time, and acts originally considered as lawful become unlawful and prohibited under the right to be free from torture (e.g., see A/HRC/13/39, para. 60).
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Overview of working methods and vision 2011, para. 50
- Paragraph text
- The Special Rapporteur observes that acts of torture and ill-treatment remain a widespread phenomenon in today's world. In the last decade, State practices and approaches to torture, particularly in view of the ongoing security threats associated with the war on terror, responses to immigration concerns, citizen security and organized crime have tended to weaken or reinterpret the absolute prohibition on torture. While civil society organizations and members of the judiciaries of those countries where such practices have taken place have condemned them, a net effect in some sectors of public opinion has been a tendency to countenance torture as a "necessary evil." The Special Rapporteur believes it is his duty to confront this debate in all its legal, political, ethical and practical dimensions, and demonstrate that embarking on a path that permits torture and cruel, inhuman or degrading treatment or punishment is not only immoral and illegal, but also counter-productive to law-enforcement efforts. He hopes, in this context, to join many others who wish to counter this worrying trend towards a severe erosion of some of the gains of the last four decades.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 56
- Paragraph text
- A further concern is the fact that the authorities entrusted with investigating allegations of torture and ill-treatment are frequently the same authorities who are accused of committing such acts (i.e. the police), as is the case in Denmark, Georgia, Jordan and Nepal. Additionally, in Georgia, Mongolia and Paraguay, the investigation may also be carried out by the Office of the Prosecutor, the same authority responsible for prosecuting the case against the victim. The lack of independent investigating bodies with no connection to the authority investigating or prosecuting the case (a proper "police-police") prevents victims from obtaining justice and is one of the main impediments to combating impunity.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
14 shown of 14 entities