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Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment, para. 2
- Paragraph text
- In examining the relationship between the prohibition of torture and other cruel, inhuman or degrading treatment or punishment and the international legal principles governing the use of force by State agents, and in developing concrete recommendations on the matter, the Special Rapporteur hopes to strengthen the capacity of States to ensure the effective prevention of and accountability for torture and other cruel, inhuman or degrading treatment or punishment, including in extra-custodial settings. Moreover, as a complement to existing international standards governing the use of force, the present report is aimed at contributing to the development of seamless guidance on the entire spectrum of the use of force, from non-lethal to deliberately lethal and from custodial to extra -custodial, and therefore at supporting States in complying with their relevant huma n rights obligations. The report is also aimed at facilitating synergies, both at the national and the international levels, between mechanisms tasked with protection against torture and other cruel, inhuman or degrading treatment or punishment and those involved in overseeing and regulating the use of force more generally.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- N.A.
- Year
- 2017
- 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
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 48
- Paragraph text
- While the lawfulness of specific weapons and other means of warfare has long been regulated in international humanitarian law, it has more recently also become an issue of consideration under human rights law with regard to the wider context of law enforcement. It is increasingly recognized that certain weapons and other means of law enforcement may be inherently cruel, inhuman or degrading by nature or design and, accordingly, that their use, production and trade would be incompatible with the prohibition of torture and other cruel, inhuman or degrading treatment or punishment (General Assembly resolution 66/150, para. 24, and resolution 68/156, para. 30). Ever since the establishment of the mandate of the Special Rapporteur, mandate holders have expressed concern in this respect, starting in the very first report of the Special Rapporteur to the Commission on Human Rights, in 1986 (E/CN.4/1986/15, paras. 120-121), but most notably in a report prepared at the express request of the Commission in 2003 (E/CN.4/2003/69).
- 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
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 39
- Paragraph text
- There is a tendency to draw a clear distinction between the judicial and the executive use of tainted information by some domestic courts. The latter is often allowed, the argument being, inter alia, that it does not impinge upon the liberty of individuals or that, when it does, as relating to powers of arrest, it is usually of short duration. Alternatively, that argument may refer to the "ticking-bomb scenario", i.e., that the executive agencies cannot be expected to close their eyes to information at the cost of endangering the lives of the citizens of their own countries. In other words, courts tend to endorse the use of information acquired through torture or other ill-treatment by the executive agencies in all phases of operations, except in judicial proceedings. In fact, some courts have ruled that the executive agencies have no responsibility to examine the conditions under which information was obtained, or to change their decisions accordingly. They have also ruled that it is not for the courts to discipline the executive agencies, unless by way of a criminal prosecution, and that their jurisdiction only exists to preserve the integrity of the trial process.
- 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
- Person(s) affected
- All
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 26
- Paragraph text
- While the distinction between torture and other cruel, inhuman or degrading treatment or punishment will always depend on the applicable treaty definition, the generic observations set out in the paragraphs below can be made.
- 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
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 2
- Paragraph text
- In examining the relationship between the prohibition of torture and other cruel, inhuman or degrading treatment or punishment and the international legal principles governing the use of force by State agents, and in developing concrete recommendations on the matter, the Special Rapporteur hopes to strengthen the capacity of States to ensure the effective prevention of and accountability for torture and other cruel, inhuman or degrading treatment or punishment, including in extra-custodial settings. Moreover, as a complement to existing international standards governing the use of force, the present report is aimed at contributing to the development of seamless guidance on the entire spectrum of the use of force, from non-lethal to deliberately lethal and from custodial to extra-custodial, and therefore at supporting States in complying with their relevant human rights obligations. The report is also aimed at facilitating synergies, both at the national and the international levels, between mechanisms tasked with protection against torture and other cruel, inhuman or degrading treatment or punishment and those involved in overseeing and regulating the use of force more generally.
- 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
- Person(s) affected
- All
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 20
- Paragraph text
- While the legal framework around torture is uniquely developed, the Special Rapporteur is of the view that certain terms relating to the prohibition of torture that are relied upon require reaffirmation and clarification. For example, while the Convention expressly defines torture in its article 1 (1), no such definition exists of "other cruel, inhuman or degrading treatment or punishment" as a whole, or of its separate elements. A former Special Rapporteur has argued that "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" (see A/HRC/13/39, para. 60). Thus, based on the work undertaken by his predecessors, the Special Rapporteur will aim to further illuminate and interpret the exact parameters and obligations surrounding the absolute prohibition of torture. With a view to contributing to the doctrine on the prohibition of cruel, inhuman or degrading treatment or punishment, the Special Rapporteur will also endeavour to further clarify the criteria and thresholds rendering a particular treatment or punishment "cruel", "inhuman" or "degrading". In doing so, the Special Rapporteur will aim to ensure that the protection space offered to victims of torture and other ill-treatment remains adequate in the light of the fast-evolving challenges marking the contemporary international environment.
- 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
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Review of the standard minimum rules for the treatment of prisoners 2013, para. 26
- Paragraph text
- In the following sections, the Special Rapporteur examines the nine targeted areas (see General Assembly resolution 67/188, para. 6) and offers a set of procedural standards and safeguards from the perspective of the prohibition of torture and other ill-treatment that should, as a matter of law and policy, be applied, at a minimum, to all cases of deprivation of liberty.
- 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
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Commissions of inquiry 2012, para. 26
- Paragraph text
- Indeed, the process of achieving accountability can be aided by the work of a commission of inquiry where the information and names collected by the commission are shared with prosecuting authorities. While evidence collected by a commission of inquiry is often inadmissible in a court of law owing to the lower standards of evidence used by commissions to encourage broad participation, such information may be used as background information and provide further evidentiary leads.
- 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
- 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. 25
- Paragraph text
- The Special Rapporteur investigated the relationship between the death penalty and the prohibition of torture and cruel, inhuman and degrading treatment, taking into account the international community's dialogue on the abolition of the death penalty, including the calls by the General Assembly for a moratorium on executions and previous work on the subject (e.g., A/HRC/10/44 and A/HRC/19/61/Add.4).
- 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
- Person(s) affected
- All
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 59
- Paragraph text
- The Special Rapporteur's mandate is not only about torture, but also includes cruel, inhuman or degrading treatment or punishment. During the tenure of his mandate, much of his attention - and many of his thematic reports - has been devoted to issues relating to cruel, inhuman or degrading treatment, including privately inflicted violence, corporal punishment and conditions of detention. The following are some brief remarks in relation to the most salient questions arising in this regard.
- 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
- Person(s) affected
- N.A.
- Year
- 2010
- 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
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.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- All
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 29
- Paragraph text
- The exclusionary rule extends not only to confessions and other statements obtained under torture, but also to all other pieces of evidence subsequently obtained through legal means, but which originated in an act of torture. In some jurisdictions, this approach is called the "fruit of the poisonous tree" doctrine. There is no doubt that this includes real evidence obtained as a result of ill-treatment but falling short of torture.
- 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
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 34
- Paragraph text
- The standards and procedural safeguards mentioned herein must be guaranteed in law and practice during all interviews by law enforcement agents and other investigative bodies, including intelligence and military services, and must also apply to private contractors and all persons who act, de jure or de facto, on behalf of, in conjunction with or at the behest of the State, under its direction or control or otherwise under colour of law (see Committee against Torture, general comment No. 2 (2008) on the implementation of article 2 by States parties).
- 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
- Person(s) affected
- All
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 46
- Paragraph text
- The interpretation and extension of the prohibition against torture under the non-refoulement provision, provides important guidance regarding the rules applicable to executive actions that purposely and objectively promote torture by taking advantage of its results. The non-refoulement obligation is a specific manifestation of a more general principle that States must ensure that their actions do not lead to a risk of torture anywhere in the world. There is a clear negative obligation not to contribute to a risk of torture.
- 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
- Person(s) affected
- All
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Commissions of inquiry 2012, para. 60
- Paragraph text
- The people selected to be members of a commission of inquiry should be chosen on the basis of criteria designed to ensure the independence and impartiality of the body. The commissioners should enjoy a stature and recognition within the local community that will inspire confidence in the public. Importantly, commissioners should be persons of such high moral character and professional achievement that victims and witnesses should feel that they can approach the commission and participate in its proceedings without fear that their testimonies might be misused.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- 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. 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.
- 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
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
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.
- 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
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
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.
- 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
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
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.
- 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
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
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.
- 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
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
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).
- 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
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 13
- Paragraph text
- The Special Rapporteur examines herein States' obligations to respect and ensure the right of all persons to be free from torture and ill-treatment and to comply with attendant legal obligations imposed by customary and applicable treaty law whenever they engage in acts or breach the human rights of individuals outside their borders, and to ensure a broader range of positive obligations when they are in a position to do so extraterritorially. Denying the applicability of extant legal standards to torture or other ill-treatment committed, sponsored, aided or effectively controlled or influenced by States outside their territories can create incentives for States to avoid absolute legal obligations and amount to serious breaches of international law. The Special Rapporteur considers that it is essential to ensure that there is no vacuum of human rights protection that is due to inappropriate and artificial limits on territorial jurisdiction.
- 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
- Person(s) affected
- All
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
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.
- 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
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
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.
- 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
- Person(s) affected
- All
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 48
- Paragraph text
- Forensic evidence is a type of expert evidence. The purpose of expert evidence is to provide the court with information based on scientific methods, the interpretation of which is outside the experience and specialized knowledge of a court. It is the task of the court to decide whether there is a need for expert evidence, to order its procurement and to establish the competency of each expert witness. Accordingly, where forensic evidence forms only part of the total factual matrix, as in most cases, the issue for a decision-maker in a criminal trial is to determine what use can and should be made of that forensic evidence.
- 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
- Person(s) affected
- All
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 25
- Paragraph text
- There are different thresholds for the "proof" of torture. The obligation to investigate acts of torture is initiated by the existence of reasonable grounds. Evidence of torture that rises to the level of "proof" in criminal proceedings (that is, beyond a reasonable doubt) should not be necessary to establish State recognition and responsibility for torture or to trigger the obligations that do not involve assigning individual guilt and punishment, such as the implementation of public policies for prevention and administrative or civil remedies, including rehabilitation. This is important because States often claim that torture and their corresponding obligations to address it do not exist because torture has never been "proven" in court.
- 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
- Person(s) affected
- All
- 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. 17
- Paragraph text
- At least four essential elements are reflected in the definition of torture provided in article 1, paragraph 1, of the Convention against Torture: an act inflicting severe pain or suffering, whether physical or mental; the element of intent; the specific purpose; and the involvement of a State official, at least by acquiescence (A/HRC/13/39/Add.5, para. 30). Acts falling short of this definition may constitute cruel, inhuman or degrading treatment or punishment under article 16 of the Convention (A/63/175, para. 46). The previous Special Rapporteurs have covered in great detail the main components of the definition of torture. Nevertheless, there are a few salient points worth elaborating for the purpose of the present report.
- 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
- Health
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Commissions of inquiry 2012, para. 77
- Paragraph text
- The report of the commission of inquiry should be published widely and in a manner that is accessible to the broadest audience possible, and should explain the commission's findings of fact and the legal analysis that supports its conclusions. The report should also contain detailed recommendations for all branches of Government (or to the international community, if applicable) on how to fulfil the State's obligations with regard to truth, justice, reparation to victims and guarantees of non-repetition. Through its highest authorities, the State should respond promptly to the publication of the commission's report, indicating its acceptance or rejection of each recommendation, with carefully reasoned explanations, and ideally a timetable for implementation of the recommendations.
- 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
- Person(s) affected
- All
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph