E/CN.4/2001/66
page 9
Racism and torture
4.
In view of the forthcoming World Conference against Racism, Racial Discrimination,
Xenophobia and Related Intolerance, to be held in Durban (South Africa) from 31 August to
7 September 2001, the Special Rapporteur would like to address the question of racism and
related intolerance, which he believes is all too relevant to issues falling within his mandate.
5.
Over the years, the Special Rapporteur has received information regarding a significant
number of cases where the victims of torture and other cruel, inhuman or degrading treatment or
punishment are members of minority racial or ethnic groups. While there is no evidence to
suggest that members of racial or ethnic groups are generally subjected to particular forms of
torture or ill-treatment applied uniquely to them in their status as members of these groups, it
must be noted that they are particularly vulnerable with respect to torture in various contexts and
that their status may also affect the consequences of their ill-treatment. While no statistics are
available to the Special Rapporteur, it appears that members of racial or ethnic groups are
disproportionately subjected to torture and other forms of ill-treatment. Indeed, ethnic difference
may often contribute to the process of the dehumanization of the victim, which is often a
necessary condition for torture and ill-treatment to take place.
6.
According to research carried out on this issue,1 ethnicity and race are seen by some law
enforcement officials as indicators of criminality and often lead to a harsher treatment in their
hands. In Western countries, persons having a “foreign look” are more at risk of being stopped
and searched or detained on suspicion of having committed an offence. Allegations of racist
ill-treatment are less likely to be effectively investigated. A number of cases also indicate that
ill-treatment, including unnecessary methods of restraint, occurs at the time of arrest before any
proper assessment of the situation is made. Ill-treatment in such cases is coupled with racial and
xenophobic insults. Members of racial or ethnic groups are often considered as subcategory
prisoners and detained in worse conditions of detention than the larger prison population.
7.
Immigrants, migrant workers and asylum-seekers often encounter racist and xenophobic
ill-treatment by officials in host countries, particularly in countries where xenophobic sentiment
has been inflamed among the wider population. The Special Rapporteur has also received
information on the poor conditions of accommodation or of detention of asylum-seekers in
certain countries. During forced deportation, excessive and torturous methods of restraint,
sometimes leading to death, have been reported.
8.
With the resurgence of conflicts with an ethnic dimension in Africa, Asia,
Eastern Europe and the Caucasus, torture, including mutilation and rape (sometimes a prelude to
summary execution) has been used as a weapon of war to destroy or victimize, in whole or in
part, a racial or ethnic group. In internal conflicts, torture has been used by both parties to the
conflict, i.e., State agents in counter-insurgency operations and insurgent parties. Political
manipulation of the media has exacerbated, or even created, perceived racial or ethnic
differences and encouraged violence on the part of private individuals.
1
“Take a step to stamp out torture”, Amnesty International, 2000, pp. 39-46.