CAT/OP/C/57/4
Suzanne Jabbour, June Lopez, Víctor Madrigal-Borloz and Catherine Paulet. It will liaise
with the secretariat of the Special Fund to explore how to improve the functioning of the
Fund.
3.
Regional teams
46.
Regional teams and country rapporteurs have continued to be in frequent dialogue
and communication with national preventive mechanisms, facilitating the exchange of
information and advice. Owing to the different sizes of, and levels of engagement in, the
various regional teams, they have adopted the working methodologies that best suit their
needs, which have included increased use of videoconferencing to ensure better outreach
and efficacy.
4.
Development of Subcommittee position papers
47.
The working group on jurisprudence and thematic issues is currently drawing up
position papers on prevention of torture in the transfer or relocation of persons deprived of
their liberty; prevention of torture of migrants and refugees; and independence of national
preventive mechanisms, with a focus on those within ombudsman’s offices and national
human rights institutions. As in previous years, the Subcommittee welcomes comments and
contributions for their development.
V. Substantive issues: prevention of torture and other cruel,
inhuman or degrading treatment or punishment of lesbian,
gay, bisexual, transgender and intersex persons
A.
Introduction
48.
Individuals often experience multiple and extreme forms of discrimination in the
form of torture and other cruel, inhuman or degrading treatment or punishment in relation
to their sexual orientation or gender identity. The Special Rapporteur on torture and other
cruel, inhuman or degrading treatment or punishment has noted that members of sexual
minorities are disproportionately subjected to such treatment because they fail to conform
to socially constructed gender expectations (see A/56/156, para. 19), an observation with
which the Subcommittee concurs. The related stigma can contribute to the dehumanization
of the victim, which is a facilitating factor for torture and ill-treatment (ibid.).
49.
In its resolution 27/32, the Human Rights Council expressed grave concern at acts of
violence and discrimination, in all regions of the world, committed against individuals
because of their sexual orientation and gender identity. There is abundant evidence to
conclude that torture and ill-treatment of lesbian, gay, bisexual, transgender and intersex
persons are endemic concerns, as has been attested to by the United Nations High
Commissioner for Human Rights (see A/HRC/19/41), and that such treatment takes place in
police stations, prisons, hospitals and other health-care settings, military, juvenile and
migration detention facilities and other places of detention, as defined in article 4 of the
Optional Protocol.
50.
It is the duty of the State to design and implement legislative, administrative and
judicial measures to prevent torture and other cruel, inhuman or degrading treatment or
punishment. Effective compliance depends partly on an adequate understanding of the
causes, nature and consequences of concerns particular to specific groups, communities and
populations. In the case of lesbian, gay, bisexual, transgender and intersex persons, in order
to accomplish their duty of prevention, State parties and other entities have utilized
10