established. This manifested itself in many forms, from disagreement between NGOs,
the government and national human rights institutions as to which bodies should
constitute the NPM, to lack of financial support and expertise (See Section Four “The
OSCE and implementation of the Optional Protocol to the UN Convention against
Torture”).
One field operation answered that a problem was that anti-torture activities were not a
priority for national or international actors working on justice-sector reform. Another
difficulty reported was that of co-ordinating and involving all relevant actors such as
law enforcement officials, medical staff, prison officials, and civil society and
international organizations. Finally, there were a number of references to public
perceptions of arrested persons as “criminals”, thus providing a perceived justification
for the use of torture.
Field operations based in countries with ongoing territorial disputes noted that access
to information in conflict areas is often limited. As a result, assessments of the extent
of torture and ill-treatment are often difficult, as is the implementation of activities.
Information is frequently anecdotal and originates from broad-based human rights
reporting by NGOs. In addition to their own activities, field operations also assisted
the European Committee for the Prevention of Torture and Inhuman or Degrading
Treatment or Punishment in facilitating access to disputed areas.
Following is an overview of obstacles mentioned:
Systemic, conceptual and resource problems:
The absence of a democratic system of government
A lack of political will on the part of governments and a low priority for human
rights issues in general
Corruption in various sectors of the legal system
A weak or non-existent NGO community, or one in which none of the actors
focuses on torture issues
A low regard or lack of regard for international opinion and/or the near absence of
international organizations
A lack of financial resources for the legal system
Overcrowding in prisons and a lack of financial resources, leading to poor
conditions for those in detention
A lack of public awareness of persons’ rights in relation to torture
The absence of official awareness of national and/or international legal protections
relating to torture
Fear and/or mistrust of the justice system by victims of torture, resulting in a
reluctance to make formal allegations
The presumption of guilt by public and justice officials with regard to arrested
persons, leading to a tolerance of torture
A lack of independent national bodies to provide systematic monitoring of places
of deprivation of liberty and the absence of international monitoring
An absence of expertise for monitoring specialized places of deprivation of
liberty, such as psychiatric hospitals, children’s care facilities or centres for those
seeking asylum
23
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