TORTURE: Solitary confinement on the rise, says UN Expert

Summary: The Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Juan E. Méndez, presented his report to the Council's 19th session.

The Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Juan E. Méndez, presented his report to the Human Rights Council today in Geneva.

Child rights neglected

Mr Mendez only made two specific mentions of children's rights in his report, and which barely featured on the agenda during the interactive discussion.

- View the children's rights mentions

Country visits

He firstly told the Council of his disappointment of the last minute postponement by the government of Bahrain of his scheduled visit to the country. He said the government wanted: "important measures to be put in place before the visit.”

Commissions of inquiry

Referring to the main purpose of his report - commissions of inquiry into torture - the Special Rapporteur said the report's aim was to encourage the establishment of Commissions and to act as standard setting.

“Commissions of inquiry can be a powerful tool," he said, “they can play a complimentary role with other mechanisms”. He also said that national commissions of inquiry should be pursued before international commissions”.

Solitary confinement on the rise|

Mr Méndez also said that solitary confinement is on the rise around the world. “I'd like to emphasise that solitary confienement is a harsh measure and should be used in only exceptional circumstances,” he said, adding that indefinite solitary confinement of particular concern to him.

Deaths in custody

The Special Rapporteur also addressed the issue of deaths in custody, saying there was a presumption of State responsibility when this occurs and that a full enquiry must take place. 

States' views

Countries took their turn to comment on the reports and recommendations issued by Special Rapporteur Mendez.

Several State delegations, including those of Austria, Turkey and Paraguay, requested further information from the Special Rapporteur on how commissions of inquiry can be of use in the pursuit of justice and accountability, and on whether there is evidence to suggest that they can be beneficial specifically in cases of past human rights abuses.

Meanwhile France highlighted that gathering testimonies for commissions of inquiry can be difficult, as victims can prefer to stay silent out of fear of reprisals, and so the State delegation requested advice from the Special Rapporteur on witness protection. 

Despite the lack of reference to children's rights in the interactive debate, Special Rapporteur Mendez said in his concluding observations that some of his main concerns are to get States to prohibit the use of indefinite and prolonged detention, and the use of detention for juveniles convicted of a crime. 

pdf: http://www.crin.org/resources/infodetail.asp?id=27816

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