A/HRC/13/42*
page 131
4. Torture and cruel, inhuman and degrading treatment
289. Secret detention as such may constitute torture or ill-treatment for the direct victims
as well as for their families. As many of the interviews and cases included in the present
study illustrate, however, the very purpose of secret detention is to facilitate and,
ultimately, cover up torture and inhuman and degrading treatment used either to obtain
information or to silence people. While in some cases elaborate rules have been put in place
to authorize “enhanced” techniques that violate international standards of human rights
and humanitarian law, most of the time secret detention has been used as a kind of defence
shield to avoid scrutiny and control, as well as to make it impossible to learn about
treatment and conditions during detention.
5. Impact on other human rights and freedoms
290. The generalized fear of secret detention and its corollaries, such as torture and
ill-treatment, tends to effectively result in limiting the exercise of a large number of human
rights and fundamental freedoms, including freedom of expression and freedom of
association. This fear often goes hand in hand with the intimidation of witnesses, victims
and their families. Moreover, independent judiciaries and secret detention can hardly
coexist; several examples identified by the experts indicated that the broader use of secret
detention tends to lead to attempts to either influence or, worse, silence judges who take up
cases of secret detention.
6. Witness protection and reparation
291. The experts are extremely concerned that many victims of secret detention from
countries around the world indicated that they feared reprisals personally or against their
families if they cooperated with the study and/or allowed their names to be used. The
injustice done by secretly detaining somebody is prolonged and replicated all too
frequently once the victims are released, because the State concerned may try to avoid any
disclosure about the fact that secret detention is practiced on its territory. In almost no
recent cases has there been any judicial investigation into allegations of secret detention,
and practically no one has been brought to justice. Although many victims feel that secret
detention has “stolen” years of their lives (the experts learned about one anonymous case of
30 years) and left an indelible mark, often in terms of loss of their jobs and frequently their
health, they have almost never received any rehabilitation or compensation.
B. Recommendations
292. On the basis of the above conclusions, the experts put forward the recommendations
set out below. In practice, concrete measures will need to be taken, depending on the
specific context:
(a) Secret detention should be explicitly prohibited, along with all other forms of
unofficial detention. Detention records should be kept, including in times of armed conflict
as required by the Geneva Conventions, including with regard to the number of detainees,
their nationality and the legal basis on which they are being held, whether as prisoners of
war or civilian internees. Internal inspections and independent mechanisms should have
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