A/HRC/34/54
Degrading Treatment or Punishment and the Committee against Torture, the Optional
Protocol to the Convention and the Subcommittee, national preventive mechanisms in
various countries as well as the United Nations Voluntary Fund for Victims of Torture. It
also includes the development of standard-setting instruments such as the revised United
Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela
Rules), the United Nations Rules for the Treatment of Women Prisoners and Non-custodial
Measures for Women Offenders (the Bangkok Rules), the Manual on Effective
Investigation and Documentation of Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment (the Istanbul Protocol), the Code of Conduct for Law
Enforcement Officials, the Basic Principles on the Use of Force and Firearms by Law
Enforcement Officials and the International Code of Conduct for Private Security Service
Providers. It further includes the establishment of a plethora of courageous, competent and
effective civil society organizations and, not least, an incessant stream of judicial decisions
and resolutions adopted by universal and regional bodies unequivocally condemning any
form of torture and other cruel, inhuman or degrading treatment or punishment.
14.
At the same time, the Special Rapporteur cannot ignore a troubling discrepancy
between, on the one hand, the professed consensus opinions, solemn declarations and
commitments made by States at the diplomatic level and, on the other hand, the
disillusioning reality of millions of victims of torture and other cruel, inhuman or degrading
treatment or punishment. Despite more than three decades of dedicated work of the
mandate and countless other international, governmental and non-governmental
stakeholders, torture and other cruel, inhuman or degrading treatment or punishment are
still rampant in most, if not all, parts of the world. The Special Rapporteur observes with
alarm that, since the turn of the century, the rise of transnational terrorism, organized crime
and other actual or perceived threats has given way to an increasing tolerance of violent
political narratives and popular beliefs that not only trivialize torture and other cruel,
inhuman or degrading treatment or punishment, but even promote and incite their use in the
name of national security and the fight against terrorism.
15.
The Special Rapporteur feels compelled to recall that today, after a century marked
by two world wars and some of the most outrageous atrocities in human history, thousands
of prisoners, war victims, migrants and other vulnerable men, women and children are still
being abused, exploited, murdered or simply left to die every day in a no man’s land of
indifference; that there are still States openly practising or advocating interrogation
methods based on the infliction of excruciating pain and anguish and on the irreparable
destruction of human beings; that there are still Governments finding no fault in sacrificing
justice for political convenience by choosing not to prosecute officials suspected or known
to have resorted to, ordered, justified or enabled the use of torture and other cruel, inhuman
or degrading treatment or punishment; and that a growing number of States are refusing to
subject their citizens to international criminal jurisdiction even for the most barbarous of
international crimes.
16.
In the view of the Special Rapporteur, the absolute prohibition of torture and other
cruel, inhuman or degrading treatment or punishment may well constitute the most
fundamental achievement of mankind, and any tolerance, complacency or acquiescence in
such practices, however exceptional and well argued, will inevitably lead down a slippery
slope towards complete arbitrariness and brute force, a disgrace for all of humanity. During
his tenure, therefore, the primary focus of the Special Rapporteur will be to unequivocally
reaffirm the absolute and universal prohibition of all, and any, forms of torture and other
cruel, inhuman or degrading treatment or punishment; to further clarify the contours and
meaning of these terms in the light of the evolving challenges marking the contemporary
international environment; and to call on State and non-State actors alike to renounce, and
to prevent impunity for, any such practices. The Special Rapporteur intends to complement
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