A/HRC/16/52
68.
The Special Rapporteur considers the issues of torture and ill-treatment of victims in
secret detention as a key concern that falls squarely within his mandate. He intends to
follow up on any new and credible allegations concerning the ongoing use of places of
secret detention by States or their complicity regarding their existence. Eradicating such
practices is central to the prevention of torture and the Special Rapporteur believes that
engagement in this issue cannot be seen as an unwarranted expansion of the definition of
torture set forth in article 1 of the Convention or of the treaty’s establishment of
responsibility for its occurrence.
69.
The Special Rapporteur believes that frequent and unannounced visits, including
timely and unlimited internal monitoring by independent mechanisms in all places of
deprivation of liberty, are crucial for the prevention of torture. The Special Rapporteur
further recalls the recommendations made by the experts of the joint study on global
practices in relation to secret detention in the context of countering terrorism to, inter alia,
fully respecting safeguards for persons deprived of their liberty and providing victims with
judicial remedies and adequate, effective and prompt reparation.
H.
Issues for longer-term consideration
70.
The Special Rapporteur recognizes that the question as to whether the death penalty,
as well as some health and drug policies, prolonged solitary confinement, some treatments
for mental disability, and domestic violence constitute per se cruel, inhuman or degrading
treatment or punishment has given rise to much debate and discussion in the Human Rights
Council. He recognizes the sensitive nature of these issues and believes that the
international community as a whole would greatly benefit from a dispassionate and rational
discussion of the issues. The Special Rapporteur will look more deeply into these issues and
also suggests that they be the subject of further research by the Human Rights Council and
its mechanisms.
V.
Conclusions and recommendations
71.
The Special Rapporteur thanks the Human Rights Council for the confidence
bestowed upon him by appointing him Special Rapporteur on torture and other cruel,
inhuman or degrading treatment or punishment. He looks forward to constructive
and open dialogue with the Council with the aim of furthering the universally shared
interest in eradicating torture and ill-treatment worldwide. He calls for a redoubling
of efforts by the mandate of Special Rapporteur, States, civil society and treaty bodies
to achieve this goal. It is the view of the Special Rapporteur that it will also require, at
times, some difficult and hard choices. Similarly, the implementation of his mandate
will, inevitably, raise differences of opinion with regard to the substance,
interpretation and approach, all of which may cause some discomfort for some States;
however, the brutal nature of torture requires that all parties work quickly and
constructively to address these mutual concerns. The Special Rapporteur intends to
point out challenges fairly and objectively, and to acknowledge progress where it
exists while working diligently with stakeholders to achieve a world without torture.
He urges States to approach this difficult issue in a spirit of openness and good faith as
he himself will do.
72.
In view of this, the Special Rapporteur reiterates that the basic good faith
measure that States can undertake to show their commitment to addressing torture
remains the ratification, without reservation, of the United Nations Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
and its Optional Protocol (the “Protocol”). The Convention and its Protocol are
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