UN Special Rapporteur on torture presents report to Human Rights Council

Wednesday, 20th September 2006 - Manfred Nowak, Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, said since he assumed his mandate almost two years ago, he had carried out five country missions and various other activities, in particular relating to torture in the context of counter-terrorism strategies. Although most Governments would agree with him that torture constituted one of the most serious human rights violations and a direct attack on the dignity of the human person, he found a surprising lack of awareness among domestic law enforcement officials and politicians in this respect. Despite the fact that the Committee against Torture, in the reporting procedure, repeatedly reminded Governments of this particular obligation, it was astonishing that the majority of States parties had not found it necessary to take the respective legislative measures and, thereby, convey to their law enforcement officials the message that torture actually does constitute a serious crime which could never be justified and which led to serious consequences, i.e. long term prison sentences. This failure on the part of most legislative bodies contributed to a climate of impunity and a lack of awareness, which in turn constituted one of the major reasons for the continuing practice of torture in many countries and regions of the world.

The findings of his recent trip to Jordan illustrated the abovementioned aptly. While torture was defined in the Criminal Code, it was not in line with the definition of torture contained in article 1 CAT, was not treated as a significant crime but rather as a misdemeanor, and it was not subject to penalties appropriate to its gravity. Nevertheless, Jordan was by no means the exception in this regard.

The absolute prohibition of torture, particularly in the context of counter-terrorism measures, remained one of his preoccupations. Mr. Nowak said he continued to emphasize the importance of maintaining the focus and remaining vigilant against practices that undermined the principle of non-refoulement, such as the use of diplomatic assurances, or other bilateral agreements.

The practice of torture in Uzbekistan was systematic. Mr. Nowak said he had received serious allegations of torture by Uzbek law enforcement officials, which he regularly transmitted to the Government for clarification and urgent action.

With reference to his visit to Georgia, he considered his visit to the country to be a model example. He concluded that torture persisted in Georgia, perpetuated by a culture of impunity. In the territories of Abkhazia and South Ossetia, he found the conditions of detention particularly of concern.

On the visit to Mongolia, Mr. Nowak found that torture persisted in police stations and pre-trial detention facilities. He found that impunity went unimpeded because of the absence of a definition of torture in line with the Convention, the lack of effective mechanisms to receive and investigate allegations, and a basic lack of awareness of the standards relating to the prohibition against torture on the part of prosecutors, lawyers and the judiciary.

With reference to his visit to Nepal, Mr. Nowak found torture to be systematically practiced by the police forces and the military. He also received shocking evidence of torture and mutilation carried out by the Maoists for the purposes of extortion, punishment for non-cooperation, and intimidation.

On his visit to China, Mr. Nowak said that taking into account the size and complexity of the country as well as the limited duration of the mission, he acknowledged the limitations in drawing up a comprehensive set of findings and conclusions on the situation of torture and ill-treatment in China. In consequence, he said that he believed that the practice of torture, though on the decline—particularly in urban areas—remained widespread in China. He was particularly concerned about the continuing practice of forced re-education of persons with dissident or non-dissident opinions, aiming at changing their personality and breaking their will, both in special re-education through labor camps, regular prisons, and even in pre-trial detention facilities.

He considered that the most effective way to prevent torture was to expose all places of detention to public scrutiny, and the Optional Protocol to the United Nations Convention Against Torture was the most effective and innovative method for the prevention of torture and ill-treatment worldwide. 
 

Further information

• Report - E/CN.4/2006/6
• Website of the Special Rapporteur's office (includes information on field visits)