Prohibition of TortureFederal Ministry for Foreign Affairs of Austria

No one shall be subjected to torture or to cruel, inhuman and degrading treatment or punishment.

Article 5 of the Universal Declaration of Human RightsProhibition of Torture

Prohibition of Torture

Torture and ill-treatment is a direct threat to the security of any person or groupThe prohibition of torture is absoluteIt is a non-derogable right according to Art. 4 of the ICCPRTorture can never be justified under any circumstanceDefined by Article 1 of the UN Convention against Torture (UN-CAT), adopted 1984, entry into force 1987Prohibition of Torture

Distinctive Elements of Torture

An intentional act that causes severe physical or mental sufferingAn act that is inflicted on purposeBy a state official or person acting in an official capacity

=> These elements featured in Art. 1 UNCAT do consider physical and psychological dimensions of torture, but are not all-inclusive!Prohibition of Torture

Methods of Torture

Physical torture: causes severe pain and excessive suffering, leads to mutilation, disfigurement or lasting injury as well as death

Psychological torture: include deprivation and exhaustion techniques, solitary confinement, coercion and intimidation techniques.

=> All methods represent a grave assault on the dignity of the human being and a violation of her/his human rightsProhibition of Torture

Motives for Torture

To retain and exercise power over opponents or people embarking on progressive ideasTo exercise political repression and oppressionTo exercise punishmentTo carry out revengeTo silence oppositionTo obtain information and get a confession. Many more.Prohibition of Torture

Implementation and Monitoring

Implementation and Monitoring need..An effective legal frameworkFunctioning control mechanismsOngoing training for those concerned

UN Committee against Torture: international monitoring body based on Art 17 UNCATUN Special Rapporteur on TortureCouncil of Europe Committee for the Prevention of Torture: best example for a regional monitoring body

Prohibition of Torture

Monitoring Committee for the Prevention of TortureBased on the Council of Europe Convention for the Prevention of Torture and inhuman or degrading treatmentstarted its work in 1989Multidisciplinary teams: doctors, lawyers, expertsConducts periodic visits to all Council of Europe member states as well as ad-hoc visitsExamines detention facilities, police stations, psychiatric wardsReports remain confidential unless states do not cooperate (Turkey report published in 1992 and 1996)Prohibition of Torture

Monitoring:UN Committee against Torture

Established by Art 17 of the UN Convention against TortureBegan its work in 1988Receives and considers state partiesMay consider, upon permission of the state concerned, individual or inter-state complaintsOptional Protocol to the UNCAT of 2002 established a universal and regular visiting system of detention facilities based on the model of the Council of Europes CPTProhibition of Torture

Monitoring:UN Special Rapporteur on Torture

Established by Resolution 1965/33Universal approachTransmits communications of urgent appeals and allegation letters to governmentsUndertakes fact-finding missions to countries which are alleged to conduct tortureSubmits annual reports on his workProhibition of Torture

Good Practices

Prevention of Torture and inhuman or degrading treatment can beGrass-root, action-driven: campaigning, awareness raising, educational activities at the local levelInstitution and capacity building, influencing structures and institutions already set up, reforming them or building up new structures

An active civil society provides for protection: e.g. Amnesty International and its campaigns and letters seek to protect prisoners of conscience

Prohibition of Torture

Chronology

1948Universal Declaration of Human Rights1949The Four Geneva Conventions1957UN Standard Minimum Rules for the Treatment of Prisoners1966International Covenant on Civil and Political Rights1979UN Code of Conduct for Law Enforcement Officials1982Principles of Medical Ethics Relevant to the Role of Health Personnel, Particularly Physicians, in the Protection of Prisoners and Detainees against Torture and Other Cruel, Inhuman or Degrading Treatment or PunishmentProhibition of Torture

1984UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment1987The European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment entry into force1989CoE-Committee for the Prevention of Torture established1990 UN Rules for the Protection of Juveniles Deprived of their Liberty1998 Statute of the International Criminal Court2002Optional Protocol to the UN CAT establishing a universal visiting scheme Prohibition of Torture