5.2.5. Prisoner hoods and blindfolds
International and regional human rights bodies have repeatedly documented the employment
of hooding and blindfolding as part of a process of ill-treatment or torture conducted by law
enforcement officials. The UN Committee against Torture has stated that blindfolding can
constitute torture or other ill-treatment.250 The former UN Special Rapporteur on Torture has
noted that “the practice of blindfolding and hooding often makes the prosecution of torture
virtually impossible, as victims are rendered incapable of identifying their torturers.” and
recommended that “blindfolding and hooding should be forbidden.”251 The European Court
of Human Rights has determined that blindfolding a prisoner constitutes cruel or inhuman
treatment when used in combination with other interrogation or detention methods,252 and can
constitute torture when used with other techniques.253
The CPT has regularly highlighted its concerns regarding specific cases of blindfolding
discovered in individual CoE countries. Its 2015 Standards document, states that “from the
information gathered over the years, it is clear …that in many if not most cases, persons are
blindfolded in order to prevent them from being able to identify law enforcement officials
who inflict ill-treatment upon them.”254 Furthermore, the CPT considered that “even in cases
when no physical ill-treatment occurs, to blindfold a person in custody - and in particular
someone undergoing questioning - is a form of oppressive conduct, the effect of which on the
person concerned will frequently amount to psychological ill-treatment.” The CPT has
consequently recommended that “the blindfolding of persons who are in police custody be
expressly prohibited.”255 The European Convention on Human Rights and Policing, a
handbook developed in the framework of a joint programme between the European Union
and the Council of Europe, includes CPT policy recommending the prohibition of
blindfolding.256
5.2.5.1. Use of blindfolds and hoods in ill-treatment and torture
However, despite the consistent prohibition of such practices, the employment of blindfolds,
hoods or other means of blocking prisoners’ sight has been documented by the CPT,
Amnesty International or Human Rights Watch during 2012-2017 in Azerbaijan257, Bosnia &
250
UN, Committee Against Torture, Concluding observations of the Committee against Torture: Israel, 5
September 1997, A/52/44; UN, Committee Against Torture, Report on Mexico produced by the Committee
under article 20 of the convention, and reply from the government of Mexico,. CAT/C/75 (2003), 26 May 2003.
251
UN, Commission on Human Rights, Report of the special rapporteur, Sir Nigel Rodley, submitted pursuant
to Commission on Human Rights Resolution 2001/62,. E/CN.4/2002/76, 27 December 2001.
252
Ireland v. United Kingdom, 25 Eur. H.R. Rep. (ser. A) (1978); Ocalan v. Turkey, 37 Eur. Ct. H.R. 238, 222
(2003). [As cited in IRCT, Statement on hooding, International Forensic Group, Torture, volume 21, 3
November 2011].
253
Aksoy v. Turkey, 1996-VI Eur. Ct. H.R. 2260 (1996); Aydin v. Turkey, 1997-VI Eur. H.R. Rep. 1866
(1997). [As cited in IRCT (2011) op.cit].
254
CPT, CPT Standards (2015) op.cit., paragraph 38.
255
CPT, CPT Standards (2015) op.cit., paragraph 38.
256
Murdoch, J.& Roche, R. European Convention on Human Rights and Policing, A handbook for police o cers
and other law enforcement officials, CoE Publishing, December 2013 p. 84.
257
Human Rights Watch, Tightening the Screws Azerbaijan’s Crackdown on Civil Society and Dissent, 2013.
51
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