Torture prevention
Torture is the deliberate infliction of severe pain or suffering on another person, whether physical or mental, to obtain information or a confession, to punish, to intimidate, humiliate or coerce them. It may also be motivated by revenge, discrimination, deterrence or simple cruelty. Where such abuse is inflicted by a public official, the misuse of power adds to the severity of the offence.
Torture and ill-treatment tend to occur in isolated places, such as prisons and other detention centres, where those who practise torture can feel beyond the reach of the law and accountable to no one. The risk of torture is particularly high following arrest and during pre-trial detention, when, if there are few or no checks on their actions, law enforcement can be tempted to coerce a confession or a statement from a suspect or witness.
The international community recognises torture and ill-treatment as impermissible at all times and in all circumstances (alongside slavery and genocide).
Key facts
Torture and ill-treatment tend to occur in isolated places, such as prisons and other detention centres, where those who practise torture can feel beyond the reach of the law and accountable to no one. The risk of torture is particularly high following arrest and during pre-trial detention, when, if there are few or no checks on their actions, law enforcement can be tempted to coerce a confession or a statement from a suspect or witness.
The international community recognises torture and ill-treatment as impermissible at all times and in all circumstances (alongside slavery and genocide).
Key facts
- Amnesty International documented torture and ill-treatment in at least 112 countries in 2012. In the past decade, the ‘war on terror’ has attempted to legitimise the use of torture.
- Torture takes many forms, including beating; electric shocks; partial hanging and asphyxiation; removal of fingernails, teeth, fingers or toes; inflicting wounds with guns or knives; mock executions; and sexual assault, especially rape.
- Torture and ill-treatment have consequences far beyond the abusive acts. Victims often suffer lasting mental and physical health problems. These include post-traumatic stress disorder (PTSD), depression, insomnia, nightmares, flashbacks and anxiety disorder.
- Violence directed against a woman because she is a woman amounts to ill-treatment, whether it is physical, mental or sexual harm or suffering that is inflicted, or threats of such acts. It is widely recognised that rape constitutes torture when it is carried out by public officials, at their instigation or with their consent or acquiescence.
- Solitary confinement raises the risk of torture or ill-treatment going undetected, as UN Special Rapporteurs on Torture have repeatedly noted. It may itself constitute ill-treatment or torture, particularly if prolonged or indefinite.
- Victims of torture do not suffer alone, but torture also scars family members and friends. They are traumatised by the abuse of a loved one, must face the impact it has on their relationship, and must go through the fight for justice.
- Prison monitoring is not a new concept, but the recognition of preventive monitoring mechanismsunder international law is a more recent development. The Optional Protocol to the Convention against Torture (OPCAT) established the Subcommittee on Prevention of Torture and requires parties to the treaty to establish a mechanism at national level to monitor places of deprivation of liberty (National Preventive Mechanisms or NPMs). 73 states are currently states parties to the Protocol, and 20 more are signatories. 59 countries have designated an NPM (July 2014).
- The UN Convention against Torture (CAT) obliges states to take effective measures to prevent acts of torture and other cruel, inhuman or degrading treatment or punishment in any territory under their jurisdiction. These include protective, reactive and preventive measures. States are obliged to:
- penalise torture as a specific offence in their criminal legislation, with a sanction that adequately reflects the severity of the crime;
- investigate allegations of torture independently, promptly and thoroughly;
- bring perpetrators to justice;
- ensure the rehabilitation of victims of torture;
- take every conceivable measure to prevent torture and ill-treatment;
- not use statements obtained through torture or other cruel, inhuman or degrading treatment or punishment as evidence in a judicial proceeding.
Sources
http://www.penalreform.org/priorities/torture-prevention/issue/
http://www.penalreform.org/priorities/torture-prevention/preventive-monitoring/
http://www.penalreform.org/priorities/torture-prevention/international-standards/
http://www.ohchr.org/Documents/Countries/NHRI/Torture_Prevention_Guide.pdf
http://www.irct.org/home.aspx http://www.amnestyusa.org/our-work/campaigns/security-with-human-rights/security-with-human-rights-campaign-resources/12-point-program-for-the-prevention-
This might also help to know the concept:
http://www.penalreform.org/priorities/pre-trial-justice/issue/ Pre-trial Justice
European Countries :
http://www.cpt.coe.int/en/
http://www.penalreform.org/priorities/torture-prevention/issue/
http://www.penalreform.org/priorities/torture-prevention/preventive-monitoring/
http://www.penalreform.org/priorities/torture-prevention/international-standards/
http://www.ohchr.org/Documents/Countries/NHRI/Torture_Prevention_Guide.pdf
http://www.irct.org/home.aspx http://www.amnestyusa.org/our-work/campaigns/security-with-human-rights/security-with-human-rights-campaign-resources/12-point-program-for-the-prevention-
This might also help to know the concept:
http://www.penalreform.org/priorities/pre-trial-justice/issue/ Pre-trial Justice
European Countries :
http://www.cpt.coe.int/en/