A/HRC/4/104
page 8
informed consent;30 and violence against migrant women who suffer such abuses as long
working days, lack of health insurance, physical and verbal ill-treatment, sexual harassment and
threats, when they are undocumented, that they will be turned over to migration authorities.31
D. Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment
14.
The Committee against Torture has paid increasing attention to the human rights of
women in its consideration of States parties’ reports. At its thirty-seventh session (2006), the
Committee found that rape constituted torture and that by deporting the complainants, who were
both women, back to their country of origin where they had been raped by State agents, the
State party would be in violation of article 3 of the Convention.32
15.
The Committee has expressed concern regarding allegations of increased violent killings
of women and has stressed that failure to investigate these cases exacerbates the suffering of
relatives seeking justice. It is also concerned about allegations of the widespread practice of
torture, enforced disappearances, arbitrary arrests and secret detentions, as well as frequent rape
of women by military personnel and armed groups, and the apparent impunity enjoyed by the
perpetrators of such acts (arts. 2, 12 and 14). It has recommended that States parties promptly
and impartially investigate and try all perpetrators of such acts. When found guilty, sentences
should be commensurate with the gravity of the offences. Victims should be compensated, if
necessary through a compensation fund for the victims of torture.
16.
Under articles 6, 11 and 16, the Committee has expressed concern about inadequate
protection and widespread ill-treatment of women in places of detention in some States parties.
Under articles 2 and 7, the Committee has expressed concern at reports that detained women
have been subjected to the excessive and unlawful use of force, including psychological and
sexual torture, by criminal justice officials and the police. In many instances, States parties have
failed to provide information regarding violence against women in detention, lack procedures for
lodging complaints and an effective witness protection programme, and have not undertaken
prompt and impartial investigations of allegations as required by article 12. Where complaints
procedures do exist, there is generally an extremely low rate of convictions and numerous reports
have been received detailing intimidation and threats against victims of sexual violence. The
Committee has recommended that States parties ensure the protection of women in places of
detention in conformity with international standards.
30
Ibid., para. 204.
31
Ibid., para. 203.
32
Communication No. 262/2005, V.L. v. Switzerland (CAT/C/37/D/262/2005), adopted
on 20 November 2006, and communication No. 279/2005, C.T. v. Sweden
(CAT/C/37/D/279/2005), adopted on 17 November 2006.
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