A/HRC/13/39
the global fight against terrorism and the deliberate undermining of the absolute
prohibition of torture and ill-treatment.
73.
Although 146 States are party to the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment, most Governments have
failed to effectively implement its provisions. Despite the obligation to criminalize
torture and prosecute perpetrators of torture under different types of jurisdiction,
only very few torturers have been brought to justice worldwide. Impunity continues to
be one of the main factors in widespread torture. Despite the obligation to provide
victims of torture with an effective remedy and adequate reparation for the harm
suffered, only a very small number of victims of torture are able to enjoy this right in
the country responsible for inflicting the torture. If victims manage to access medical,
psychological and other forms of rehabilitation, this important form of reparation is
usually provided by private organizations in countries in which torture victims are
granted asylum. Despite the obligation to effectively investigate every allegation or
suspicion of torture and ill-treatment, almost no country has established bodies with
effective powers of criminal investigation which are also fully independent from the
law enforcement officers subject to their investigations. Despite the obligation to take
all legislative, administrative, political and other measures necessary to prevent
torture, including prompt access of detainees to lawyers, judges, doctors and families,
audio- or videotaping of interrogations, the prohibition of using confessions extracted
by torture before courts and regular inspections of all places of detention and
interrogation by independent bodies, most of the some 10 million detainees around the
world can only dream of enjoying such measures.
74.
In most countries, conditions of detention in police custody, pretrial detention,
other detention facilities and sometimes in correctional institutions for convicted
prisoners, amount to inhuman or degrading treatment. Detainees, whether deprived
of their liberty for justified or less justified reasons, belong to the most vulnerable and
forgotten sectors of our societies. In practice, they are deprived of most of their
liberties and human rights, including the right to an adequate standard of living, food,
water, health, education and privacy.
75.
Among detainees, certain groups are subject to double discrimination and
vulnerability, including aliens and members of minorities, women, children, the
elderly, the sick, persons with disabilities, drug addicts and gay, lesbian and
transgender persons.
76.
Other forms of widespread cruel, inhuman or degrading treatment or
punishment include corporal punishment and excessive police violence during arrest
and in reacting to demonstrations and political gatherings, combating riots and
similar law enforcement activities. States also do not live up to the standard of due
diligence required by the obligation not to commit torture by acquiescence when
combating torture and ill-treatment by private actors, including harmful traditional
practices, such as female genital mutilation and honour crimes, domestic violence and
trafficking in human beings, above all of women and children.
77.
In building upon the general recommendations elaborated by his distinguished
predecessor, Theo van Boven, in 2003,20 the Special Rapporteur wishes to particularly
stress the following recommendations:
(a)
All States should ratify the United Nations Convention against Torture
and fully implement its provisions. In particular, they must criminalize torture, as
20
GE.10-10042
E/CN.4/2003/68, para. 26.
19
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