A/HRC/40/59
36.
In all of these examples, undue advantages are offered or requested in return for
conduct violating obligations derived from the prohibition of torture and ill-treatment. This
pattern of torture and ill-treatment involves corruption as a mere “facilitator” and, therefore,
cannot be effectively addressed through anti-corruption efforts alone, but requires a broad
understanding of the key factors contributing to a particular environment conducive to
torture and ill-treatment such as confessions-based investigative methodologies,
misconceived and discriminatory policies in areas such as counter-terrorism, law
enforcement, minority protection and immigration, systemic failings in providing humane
conditions of detention and a general failure of the justice system to prevent impunity,
including for corruption and torture or ill-treatment.
Exploiting exposure to torture or ill-treatment for “undue advantages”
4.
37.
Another frequent pattern of interaction between corruption and torture or illtreatment is where State officials demand the transfer of undue advantages by deliberately
exploiting a pre-existing exposure of persons to acts, threats or risks of torture or illtreatment on the part of other perpetrators. This variation of interaction between corruption
and torture or ill-treatment can be particularly pervasive in armed conflicts and other
situations of systemic violence marked by widespread torture and ill-treatment. The
heightened risk of torture and ill-treatment prevailing in such situations, whether it is of a
general or personalized nature, is deliberately exploited to extort undue advantages in
exchange for offering to prevent or reduce the exposure to such risk. For example, in urban
policing, violent areas or hotspots may be exploited for profit by law enforcement officials
demanding bribes and other undue advantages from inhabitants and shopkeepers in return
for protection from abuse at the hands of criminal gangs. Similarly, in the context of
irregular migration, corrupt State agents, smugglers and other criminal elements often
demand the payment of bribes and other undue advantages from migrants or their relatives
in return for allowing them to apply for asylum or subsidiary protection or for refraining
from extraditing, returning or otherwise deporting them to a country or territory where they
would face a real risk of torture or ill-treatment (A/HRC/37/50).
38.
Here too, the coercive element compelling victims or their relatives to offer the
requested undue advantage is the alternative prospect of torture and ill-treatment, albeit this
time at the hands of perpetrators unrelated to the corrupt official exploiting this risk, who
may even be located in a different jurisdiction. In addition to broader efforts towards
restoring the rule of law and remedying the surrounding risks of torture and ill-treatment,
eradicating the exploitation of such risks by corrupt officials generally requires robust anticorruption measures, including accessible, independent and sufficiently staffed and funded
monitoring, oversight and complaints mechanisms capable of detecting, investigating and
prosecuting violations.
Torture or ill-treatment as foreseeable “side effect” of corruption
5.
39.
Even when not deliberately and purposefully interlinked with acts, threats or risks of
torture or ill-treatment, corruption can cause or contribute to the exposure of persons to
torture or ill-treatment or pose an obstacle to its prevention, investigation, or redress and
rehabilitation. Corrupt practices of this kind may include, for example, high-level officials
taking bribes or other undue advantages from extractive companies or other corporate
actors in return for contracts involving resource exploitation or similar activity, such as
mining, deforestation or construction contracts which, in the circumstances, pose a real risk
of coercive practices against persons such as local residents, indigenous populations,
activists and workers, including threats, harassment, violence and forced evictions, or living
or working conditions amounting to cruel, inhuman, or degrading treatment or even
torture.13
13
Committee on Economic, Social and Cultural Rights, general comment No. 24 (2017) on State
obligations under the International Covenant on Economic, Social and Cultural Rights in the context
of business activities, para. 15; European Parliament, Workshop on Corruption and Human Rights in
Third Countries (2013), p. 13; United Nations Human Settlements Programme (UN-Habitat) and
11
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents