landmark jurisprudence, but also the International Court of Justice
paved the way with its reasoning in the LaGrand case in 2001,4 and
it has since been followed by other international or regional bodies.
As we can see, the good faith of states is still the basis for the
efficiency of interim measures, like it is for the efficiency of the
decisions of international enforcement bodies in general. In the
last year, we have seen positive developments in international
jurisprudence regarding the diversity of the interim measures
ordered to protect the litigants. NGOs like REDRESS, ACAT,
or OMCT assisting victims have widely contributed to these
developments. The [Inter-American] Court of Human Rights
has been at the forefront on the issue and a source of inspiration for other international enforcement bodies. But, as Carla
Ferstman will certainly explain more deeply in her presentation, much more could or should be done to provide the best
protection to victims, or potential victims of torture, through
interim measures.
Despite this encouraging evolution of the international jurisprudence, the legal status of interim measures is still uncertain.
As Diego Rodríguez-Pinzón will address in his presentation,
some states have proven quite willing to respect interim measures, but still, in too many cases, we have seen states breaching
orders and consequently, victims suffering irreparable harm.
Some of them have been executed, some have been extradited to
a country where they have been ill-treated or tortured, and some
have been threatened, attacked, or even killed in that country
because of petitions that failed in front of an international body.
Remarks of Carla Ferstman*
Introduction
T
oday is extremely important, not only because it will
explain and explore the importance of the UN Committee
against Torture in the overall fight against impunity for
torture. But also, it will touch on some very practical measures
and hopefully this will help all of us in our respective areas of
work to improve the situation of survivors of torture and those
who face a risk of torture in their dealings with these types
of bodies.
At REDRESS,5 which is an organization based in the United
Kingdom, we work with survivors of torture in all parts of the
world and have taken cases before most regional human rights
courts as well as many treaty bodies. When it comes to working
with survivors of torture and considering what motivates them
to bring a case before a regional or international human rights
body, first and foremost what they are seeking is some form
of acknowledgement of the harm suffered by an independent
and impartial body that can draw attention to what they have
experienced. Justice is not only, or not mostly, about any kind
of revenge against a particular perpetrator or a state. It is really
about trying to restore what the victim has lost, which is their
dignity through the absence of rights in the context of torture.
This is in a way the overlaying issue for many torture survivors
that we need to consider.
Victims invariably face a range of problems when filing claims
before international bodies. Certainly they face these problems
when they file claims at the domestic level as well. Therefore,
we should keep that in perspective. They face threats of physical
violence to them and their families; sometimes these threats are
carried out. They face further risk of detention; they face new or
false claims or civil proceedings brought against them as some
kind of punishment. Victims are sometimes forced to withdraw
their claims as a result of pressure or extortion that they face.
When it comes to the issue of protection, one of the biggest
challenges for a torture survivor who is undertaking efforts to
try to obtain some measure of justice, first at the domestic level
and, if that fails, eventually at the international level, is risk of
reprisals after already suffering from torture. We can understand
why it is so important that the bodies, which are supposed to be
there to provide a measure of redress, do not contribute to the
problem and end up being a place that, by virtue of the victim
seeking some kind of justice, creates a new risk of a reprisal.
In 2007, the Parliamentary Assembly of the Council of
Europe made a very important statement in relation to the
practice of forcing victims to withdraw their complaints in
mostly, but not exclusively, applicants from the North Caucasus
* Carla Ferstman is the Director of REDRESS (www.redress.org).
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