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facilities, the Special Rapporteur not only looks for evidence of torture but also
assesses the general conditions of detention. Many persons whom the Special
Rapporteur interviews in detention tell him that they were beaten up during the early
days of their police custody because the police resort to such practices as a routine
part of their work in order to extract confessions. The suffering caused by these few
hours of torture, however, is often outweighed by the suffering individuals have to
endure for years, and sometimes for the rest of their lives in inhuman and degrading
conditions of detention, practically forgotten by the outside world.
39. In many countries, places of detention are constantly overcrowded and filthy
locations, where tuberculosis and other highly contagious diseases are rife and
which lack the minimum facilities necessary to allow for a dignified existence.
Inter-prisoner hierarchies and violence are common features of many places of
detention, and the guards often delegate their authority and responsibility for
protecting detainees from discrimination, exploitation and violence to privileged
detainees who in turn use this power for their own benefit. In many countries,
corruption within the administration of justice, whether by the police, prosecutors,
judges or prison officials, is rampant.
40. Many people think that torture is primarily the fate of political and other
“high-ranking” prisoners. In reality, most of the victims of arbitrary detention,
torture and inhuman conditions of detention are usually ordinary people who belong
to the poorest and most disadvantaged sectors of society, including those belonging
to the lowest classes, children, persons with disabilities and diseases, gays, lesbians,
bisexuals, transgender persons, drug addicts, aliens and members of ethnic and
religious minorities or indigenous communities.
41. They are arrested by police officers on the suspicion of having committed theft
or similar minor crimes, often without sufficient evidence. Since in many countries
confessions are still regarded as the most important proof during criminal trials,
politicians, judges and prosecutors — and also the media — put considerable
pressure on the police to produce confessions. This pressure is exacerbated by the
fact that in many places no sophisticated methods of gathering evidence are
available to law enforcement officers. Sadly, whether the victims confess or not
depends less on what they have done than on how strong they are, both physically
and mentally, in resisting torture. As a consequence, a considerable percentage of
the roughly 10 million prisoners and detainees worldwide 2 may be innocent victims
of arbitrary detention. They are often charged by prosecutors solely on the basis of
their statements made during police interrogations. If they dare to complain to
prosecutors or prison authorities about torture practices, their complaints are not
taken seriously and are not properly investigated. One of the routine answers the
Special Rapporteur hears from police officers, prosecutors, judges and high-level
State officials to his question as to whether they have received any complaints about
torture from detainees is that such complaints may well have been submitted, but
they are not further investigated as they have been fabricated for the purpose of
evading justice. That means that as soon one is behind bars, one is no longer
trustworthy.
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2
09-43792
The “World prison population list”, published by the International Centre for Prison Studies at
King’s College in London (8th ed., 2009), provides the number of 9.8 million detainees, which
may be a conservative estimate. In this report, the term “detainees” is primarily used for all
persons deprived of personal liberty, whereas the term “prisoners” is used for persons serving a
prison sentence after having been convicted of a crime.
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