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Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 60
- Paragraph text
- There is a pressing need to step up the overall involvement of forensic medical science across the various sectors of the criminal justice cycle, and where persons are at particular risk, including administrative, pretrial and juvenile detention and psychiatric institutions. If police officers, prison wardens, hospital administrators, prosecutors and judges were under a legal obligation to request proper forensic medical examinations as a standard procedure whenever there are suspicions or allegations of torture or other ill-treatment, victims would be in a considerably stronger position. In addition to their role in prosecution, forensic medical services can also play a transforming role in prevention. As required in the Body of Principles and expanded in the standard-setting Istanbul Protocol, routine medical examinations of detainees after admission to every place of detention create a system of "checkpoints" that minimizes the number of unaccounted cases of torture and renders impossible a shifting of blame and accountability among various detention facilities and authorities.
- 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
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Review of the standard minimum rules for the treatment of prisoners 2013, para. 45
- Paragraph text
- The Special Rapporteur has noted that inappropriate conditions of detention, including conditions characterized by structural deprivation and the non-fulfilment of rights necessary for a humane and dignified existence, amount to a systematic practice of inhuman or degrading treatment or punishment (E/CN.4/2004/56, para. 41, and A/HRC/13/39/Add.5, para. 230). A considerable amount of jurisprudence at the international and regional levels has also consistently found that conditions of detention can amount to inhuman and degrading treatment. Overcrowding, lack of ventilation, poor sanitary conditions, prolonged isolation, the holding of suspects incommunicado, frequent transfers from one prison to another, the non-separation of different categories of prisoners, the holding of persons with disabilities in environments that include areas inaccessible to them and the holding of persons without means of communication could constitute or lead to cruel, inhuman or degrading treatment or torture. The Rules could benefit from adhering to the requirement established by the Committee on Economic, Social and Cultural Rights regarding services in places of detention (see general comment No. 19 of the Committee, especially paras. 1, 9, 31 and 46).
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Water & Sanitation
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 72d
- Paragraph text
- [With regard to abuses in health-care settings, the Special Rapporteur calls upon States to:] Guarantee immediate and unconditional treatment of persons seeking emergency medical care, including as a result of illegal abortion;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 72c
- Paragraph text
- [With regard to abuses in health-care settings, the Special Rapporteur calls upon States to:] Set forth clear guidance on implementing domestic abortion legislation and ensure that it is interpreted broadly; and monitor the practical implementation of legislation to ensure that persons are provided the right to legal services in practice;
- 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
- Year
- 2016
- 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. 57
- Paragraph text
- The training of interviewers encompasses several components, beginning with effective training in international human rights law, including the prohibition of torture, ill-treatment and other form of duress; where applicable, training on the Geneva Conventions should also be provided. Training should include but not be limited to theoretical knowledge about international and national standards and guidelines relating to questioning, in addition to practical information, preparation and practice in the steps of investigative interviews and exercises designed to facilitate skills development. The use of scenario-based exercises and the recording and review of interviews constitute best practices in this respect. References to empirical and scientific evidence on the unreliability and counterproductiveness of torture and coercion will also help to effect the needed change in mindsets and interviewing culture. Underlining the adverse impact of mistreatment on memory retrieval would be especially beneficial. Training should also include awareness-raising activities on effective protection of and adaptation to the specific needs of vulnerable persons.
- 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
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 42
- Paragraph text
- In certain selected cases it can be necessary to conduct a computerized tomography (CT)-scan if there have been head concussions or other internal injuries. However, a thorough neurological examination can be sufficient and body CT-scans are only necessary in very severe cases and in connection with intensive care or with autopsies. CT-scanning is also available in most countries and not very costly. The only test that might not be available in some countries is electromyography (EMG), to diagnose neurological damage in the peripheral nervous system (e.g., paralysis secondary to trauma). The Special Rapporteur notes that this test is also not expensive, but it requires a neurologist or neurophysiologist to conduct and interpret the results. Properly trained personnel may be in short supply. Finally, bone scintigraphy (bone-scan), a modified X-ray test for the diagnosis of fractures that are invisible in traditional X-ray images, requires the injection of contrast in the wounded bone. This test is indicated almost exclusively in the case of the torture method known as "falanga" and is neither difficult to conduct nor expensive. However, the test seems to be unavailable in a number of countries. In cases of sexual abuse, DNA detection may be required. The diagnosis of electrical lesions is also possible and methods do exist.
- 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
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Solitary confinement 2011, para. 101
- Paragraph text
- Medical personnel should additionally inspect the physical conditions of the inmate's confinement in accordance with article 26 of the Standard Minimum Rules for the Treatment of Prisoners. Relevant considerations include the level of hygiene and cleanliness of the facility and the inmate, heating, lighting and ventilation of the cell, suitability of clothing and bedding, adequate supply of food and water and observance of the rules concerning physical exercise.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 77f
- Paragraph text
- [In building upon the general recommendations elaborated by his distinguished predecessor, Theo van Boven, in 2003, the Special Rapporteur wishes to particularly stress the following recommendations:] In the fight against terrorism and other forms of organized crime, States should keep in mind the absolute and non-derogable nature of the prohibition of torture. In particular, detention in secret places of detention, the expulsion or "rendition" of terrorist suspects to countries known for their practice of torture, the use of diplomatic assurances from these Governments not to torture as a means of circumventing the principle of non-refoulement, "enhanced interrogation techniques" aimed at inflicting severe physical or mental pain or suffering on detainees for the purpose of extracting intelligence information and similar practices in the global fight against terrorism are absolutely prohibited under international law and shall immediately be terminated. After all, torture, as the ultimate form of power exercised by one individual over another individual in a powerless situation, constitutes a direct attack on the personal integrity, dignity and humanity of human beings and is, therefore, for sound philosophical and historical reasons, absolutely prohibited under international law even in the most extreme and exceptional circumstances, such as war or terrorism.
- 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
- 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. 66
- Paragraph text
- Ensure that the fundamental principles of investigation, such as competence, impartiality, independence, promptness and thoroughness are enshrined in legislation and officially recognized among relevant departments and personnel, including prosecutors, defence attorneys, judges, law enforcement, prison and military personnel, forensic and health professionals and those responsible for detainee health care.
- 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
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
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.
- 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
- Year
- 2011
- 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. 49
- Paragraph text
- For many rape survivors, access to a safe abortion procedure is made virtually impossible by a maze of administrative hurdles, and by official negligence and obstruction. In the landmark decision of K.N.L.H. v. Peru, the Human Rights Committee deemed the denial of a therapeutic abortion a violation of the individual's right to be free from ill-treatment. In the case of P. and S. v. Poland, ECHR stated that "the general stigma attached to abortion and to sexual violence …, caus[ed] much distress and suffering, both physically and mentally".
- 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
- 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. 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).
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
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.
- 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
- Year
- 2011
- 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. 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.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2016
- 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. 52
- Paragraph text
- The development and maintenance of rapport is also a crucial determinant of effective non-coercive interviews. Rapport can help to reduce the interviewee's anxiety, anger or distress, while increasing the likelihood of obtaining more complete and reliable information. Rapport-building techniques must not be used for the purposes of manipulation or to exert undue pressure to induce confessions, which would be incompatible with the purpose and spirit of the investigative interviewing model. The protocol should clearly set out the duty of interviewers to maintain a professional attitude and refrain from using any form of coercion during the entire interview process. It must also emphasize that interviewers ought to obtain the cooperation of persons questioned, rather than to demonstrate their authority or gain control over them, manipulate them or force them to comply with their wishes.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2016
- 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. 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.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 72b
- Paragraph text
- [Recommendations regarding capacity-building and training:] Enhance the skills of health and legal professionals on the effective medical documentation of torture and other ill-treatment through training on the use of the Istanbul Protocol and other relevant materials to forensic pathologists, medico-legal officers, general practitioners, psychiatrists, psychologists, Ministry of Health officials and social workers; as well as lawyers, State investigators, prosecutors, judges, prison officials, police officers, immigration officers, NGO activists, members of national human rights commissions and similar bodies, representatives of the Ministry of Justice, the Ministry of Defence and the Ministry of the Interior.
- 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
- 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. 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.
- 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
- 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. 52
- Paragraph text
- Many countries fail to make adequate arrangements for the supply of these medications. Low- and middle-income countries account for 6 per cent of morphine use worldwide while having about half of all cancer patients and 95 per cent of all new HIV infections. Thirty-two countries in Africa have almost no morphine available at all. In the United States, over a third of patients are not adequately treated for pain. In France, a study found that doctors underestimated pain in over half of their AIDS patients. In India, more than half of the country's regional cancer centres do not have morphine or doctors trained in using it. This is despite the fact that 70 per cent or more of their patients have advanced cancer and are likely to require pain treatment.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Health
- 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. 43
- Paragraph text
- The numerous calls by various international and regional organizations to close compulsory drug detention centres, as well as the numerous injunctions and recommendations contained in the recently released guidelines by WHO on pharmacotherapy for opiate dependence, the UNODC policy guidance on the organization's human rights responsibilities in drug detention centres, and resolutions by the Commission on Narcotic Drugs, are routinely ignored. These centres continue to operate often with direct or indirect support and assistance from international donors without any adequate human rights oversight.
- 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
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 49
- Paragraph text
- Other harsh conditions currently employed on death rows throughout the world may themselves constitute violations of the prohibition of torture or cruel, inhuman or degrading treatment. The Human Rights Committee has expressed concern over the living condition of inmates on death row in terms of visits and correspondence, cell size, food, exercise, extreme temperatures, lack of ventilation, and lack of time outside of cells as constituting violations of articles 7 and 10 of the Covenant. The Special Rapporteur's predecessor, in the report on his visit to Mongolia, declared that physical conditions on Mongolia's death row alone might be so poor as to amount to cruel treatment (see E/CN.4/2006/6/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
- Health
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
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)).
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 64
- Paragraph text
- Centres for the rehabilitation of victims of torture support survivors in their efforts to learn to live with their experiences and assist them in regaining the strength to lead self-determined lives. Reflecting the far-reaching consequences of torture, rehabilitation centres provide a holistic treatment for survivors, aimed at healing their "bodies, minds and social ties". Rehabilitation centres possess specialized medical know-how and experience in dealing with torture injuries, and provide primary care and sometimes longer in-patient stays focusing on pain relief and the avoidance of any long-term physical impairment. Their specialization in torture traumata facilitates the provision of high-quality care, and provides expertise from which other members of the health community, for example local hospitals, can learn. In terms of psychological treatment, rehabilitation centres constitute first and foremost a safe haven where survivors have their suffering acknowledged and can develop trust towards those around them. The specific treatment that is eventually provided depends on their specific situation and personality and the type of abuse they have suffered, and also reflects the relevant cultural context. Patients may initially stay for some time at the rehabilitation centres, where intensive psychological counselling and, if needed, adequate psychotropic medication is provided. Overwhelmingly, the experience of torture requires long-term psychological support, which may include individual or group counselling, occupational therapy, social rehabilitation and other forms of support. Rehabilitation centres assist their clients for years on their long journey back into their lives.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
25 shown of 25 entities