Torture and other cruel, inhuman or degrading treatment or punishment : report of the Special Rapporteur.

1991/38. Torture and other cruel, inhuman or degrading treatment or punishment: report of the Special Rapporteur

The Commission on Human Rights, Having regard to article 5 of the Universal Declaration of Human Rights and article 7 of the International Covenant on Civil and Political Rights, both of which provide that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment, Recalling the Declaration on the Protection of All Persons from Being Subjected to Torture or Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the General Assembly in its resolution 3452 (XXX) of 9 December 1975, Noting with appreciation that the number of States which have become parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is steadily increasing, Welcoming the establishment at the regional level, in accordance with the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, of a European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, Seriously concerned, however, about the persistence of an alarming number of reported cases of torture and other cruel, inhuman or degrading treatment or punishment taking place in various parts of the world, Recalling its resolution 1985/33 of 13 March 1985, by which it decided to appoint for one year a special rapporteur to examine questions relevant to torture, and all its subsequent resolutions by which that mandate was regularly extended, most recently for another two years by resolution 1990/34 of 2 March 1990, while maintaining the annual reporting cycle, Noting the continuing exchange of views between the Special Rapporteur and the Committee against Torture established under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Noting also that the Special Rapporteur had, together with the Chairman of the Committee against Torture, a meeting on 23 January 1990 with the newly elected European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, which has led to continuing contacts, Aware that torture constitutes a criminal obliteration of the human personality which can never be justified under any circumstances, by any ideology or by any overriding interest, and convinced that a society that tolerates torture can never claim to respect human rights, Determined to promote the full implementation of the prohibition under international and national law of the practice of torture and other cruel, inhuman or degrading treatment or punishment, Convinced that efforts to eradicate torture should first and foremost be concentrated on prevention, Noting, in this regard, the importance of the provision of advisory services and technical assistance as forms of practical assistance to interested States with a view to enabling them to develop the necessary infrastructure to meet international human rights standards, Recalling the Standard Minimum Rules for the Treatment of Prisoners, approved by the Economic and Social Council in its resolutions 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977, the Principles 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 Punishment, adopted by the General Assembly in its resolution 37/194 of 18 December 1982, and the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, adopted by the General Assembly in its resolution 40/34 of 29 November 1985, Recalling also the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment approved by the General Assembly in its resolution 43/173 of 9 December 1988, Recalling further the conclusions and recommendations of the Special Rapporteur underlined in its resolutions 1987/29 of 10 March 1987, 1988/32 of 8 March 1988, 1989/33 of 6 March 1989 and 1990/34 of 2 March 1990,

1. Commends the Special Rapporteur on his report (E/CN.4/1991/17);

2. Stresses once again the repeated conclusions and recommendations of the Special Rapporteur concerning the importance of instituting a system of periodic visits by independent experts to places of detention;

3. Welcomes, in this regard, the contacts between the Special Rapporteur and the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment;

4. Stresses, in view of the conclusions of the Special Rapporteur, the importance of limiting, and eventually declaring illegal, incommunicado detention under national law, since the great majority of allegations refer to torture practised during incommunicado detention;

5. Stresses again the recommendation of the Special Rapporteur that legal provisions should be adopted prescribing that a person shall be given prompt access to a legal counsel after he or she has been arrested and making it obligatory promptly to inform the relatives of an arrested person of both the arrest and the place where the detainee is being held;

6. Also stresses the recommendation of the Special Rapporteur aiming at the organization of proper medical inspections for arrested or detained persons as promptly as possible after their admission to the place of detention and after every transfer to another place of detention;

7. Further stresses the recommendations of the Special Rapporteur that interrogation of detainees should take place only at official interrogation centres, that each interrogation should take place only at official interrogation centres, that each interrogation should be duly recorded and start with the identification of all the persons present and that the blindfolding or hooding of detainees during interrogation should be absolutely forbidden;

8. Stresses the repeated recommendation of the Special Rapporteur pertaining to the establishment at the national level of an independent authority able to receive complaints by individuals about torture or other severe maltreatment;

9. Endorses the recommendation of the Special Rapporteur that whenever a person is thought to be responsible for acts of torture or severe maltreatment, he or she should be brought to trial and, if found guilty, severely punished;

10. Recalls that it is desirable for Governments and medical associations to take strong action against all persons belonging to the medical profession who have in that capacity had a function in the practice of torture;

11. Calls upon all States to sign and to accede to or ratify as soon as possible the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, and requests the Special Rapporteur to continue to promote universal accession to that Convention and to encourage all States to fulfil its provisions strictly;

12. Emphasizes the importance of training programmes for law and security personnel and draws the attention of interested Governments to the possibilities offered in this connection by the United Nations programme of advisory services in the field of human rights;

13. Decides that the Special Rapporteur, in carrying out his mandate shall continue to seek and receive credible and reliable information from Governments, the specialized agencies, intergovernmental and non-governmental organizations;

14. Considers it desirable that the Special Rapporteur should continue to have periodic consultations with the Committee against Torture, in particular with a view to establishing the procedures for cooperation and avoiding any overlapping in the activities of the United Nations in combating torture;

15. Invites the Special Rapporteur, in carrying out his mandate, to bear in mind the need to be able to respond effectively to credible and reliable information that comes before him and to carry out his work with discretion;

16. Appeals to all Governments to cooperate with and assist the Special Rapporteur in the performance of his tasks and to furnish all information requested, including by reacting properly to his urgent appeals;

17. Urges those Governments which have not yet responded to communications transmitted to them by the Special Rapporteur to answer expeditiously;

18. Expresses its thanks to the Governments which invited the Special Rapporteur and requests them to give due consideration to his recommendations and to keep him informed of action taken thereon;

19. Encourages Governments to give serious consideration to Special Rapporteur to visit their country so as to enable him to fulfil his mandate even more effectively;

20. Requests the Secretary-General to provide all necessary to the Special Rapporteur in order to enable him to submit his report to the Commission at its forty-eighth session.

52nd meeting
5 March 1991
[Adopted without a vote. See chap. X.]