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IX. Combating impunity
Extract from the 14th General Report [CPT/Inf (2004) 28]
25.
The raison d’être of the CPT is the “prevention” of torture and inhuman or
degrading treatment or punishment; it has its eyes on the future rather than the past. However,
assessing the effectiveness of action taken when ill-treatment has occurred constitutes an
integral part of the Committee’s preventive mandate, given the implications that such action
has for future conduct.
The credibility of the prohibition of torture and other forms of ill-treatment is
undermined each time officials responsible for such offences are not held to account for their
actions. If the emergence of information indicative of ill-treatment is not followed by a
prompt and effective response, those minded to ill-treat persons deprived of their liberty will
quickly come to believe – and with very good reason – that they can do so with impunity. All
efforts to promote human rights principles through strict recruitment policies and professional
training will be sabotaged. In failing to take effective action, the persons concerned –
colleagues, senior managers, investigating authorities – will ultimately contribute to the
corrosion of the values which constitute the very foundations of a democratic society.
Conversely, when officials who order, authorise, condone or perpetrate torture and
ill-treatment are brought to justice for their acts or omissions, an unequivocal message is
delivered that such conduct will not be tolerated. Apart from its considerable deterrent value,
this message will reassure the general public that no one is above the law, not even those
responsible for upholding it. The knowledge that those responsible for ill-treatment have been
brought to justice will also have a beneficial effect for the victims.
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