torture and other forms of inhuman treatment, respectively.5
However, the system continues to be underutilized—sometimes
because of lack of knowledge or, in other cases, because victims
lack protection. In addition, we have not yet achieved universal
acceptance of Article 22.
as required by Article 14 of the Convention.8 The Committee
recently adopted General Comment No. 3 on this topic, an important guidance tool for those who utilize Article 22.9 During
today’s convening, we will explore the different experiences and
challenges that led to this General Comment and its impact on
individual complaints before the Committee.
It is our intention that today’s conference will address
these vital issues, as well as the use of interim measures by the
Committee. Because victims often lack protection and those who
submit complaints may be particularly vulnerable, the Committee issues interim measures to avoid irreparable harm.6 Such
measures obligate the relevant state to protect alleged victims,
and those who cooperate with the Committee, while the Committee reviews and evaluates the complaint. The Committee also
emphasizes necessary actions in its Concluding Observations.
As an example of this, you can read the 2011 Concluding Observations for Madagascar, in which the Committee concluded that
“the State party should strengthen the complaints mechanisms
available to victims and ensure that they obtain redress and are
provided with the means of achieving social reintegration and
psychological rehabilitation. The State party should ensure that
persons lodging such complaints, witnesses and members of
their families are protected from any act of intimidation in connection with their complaint or testimony.”7
Now, I am pleased to have here Mr. Gerald Staberock, the
Secretary-General of the World Organisation Against Torture,
who along with the OMCT staff, co-organized this event, and
Ms. Gisella Gori, Senior Political Advisor in the Political, Security, and Government section of the delegation of the European
Union to the United States.
Gerald Staberock has been OMCT Secretary-General since
September 2011, and since its creation in 1995, OMCT has been
the main coalition of international NGOs fighting against torture,
summary execution, forced disappearances, and other cruel,
inhuman, and degrading treatment. With 311 affiliated organizations, the SOS Torture Network, and many tens of thousands of
supporters in many countries, OMCT represents a critically important network of NGOs working for the protection of victims
of torture in the world. Prior to joining OMCT, Mr. Staberock
worked for more than eight years with the International Commission of Jurists (ICJ), including as Director of the Center for
Independence of Judges and Lawyers, and as Director of the
Rule of Law Initiative. In this context, he coordinated the most
comprehensive program on law, counterterrorism and human
rights, with a high level panel of jurists—the well-known ICJ
Eminent Jurists Panel.
Procedural issues also have an important bearing on victims’
access to justice—these issues include the duration of both domestic and international procedures, the availability of lawyers,
standards of proof, and burdens of proof, amongst others. Thus far,
with one exception, the individual complaints procedure has been
completely in writing. The Committee does not hold hearings or
directly examine witnesses; it has only a written record on which
to make its decisions. Everyone’s contribution today and ongoing
collaboration will be crucial to shed light on different provisions
and practices in order to further improve our mission and consider
whether expansion is feasible. I hope this convening will lead to
fruitful discussions that will enrich the understanding both of governments and of individuals regarding how these important legal
procedures function and how they could be further developed.
Gisella Gori is Senior Political Advisor in the delegation of the
European Union to the United States, working on human rights
and democracy, the UN and multilateral issues, international
humanitarian law and Guantánamo, and other legal issues. Since
2002, Dr. Gori has worked at the Council of Europe as Director
General of Human Rights and Legal Affairs, Department of Execution of Judgments and Human Rights in Strasbourg, France. She
specializes in European Union law, international human rights law,
human rights mechanisms, economic, social and cultural rights,
and education and law. She teaches EU Law at George Washington
University Law School, for which we will forgive her.
When it is established that a state is responsible for violation of the Convention, it must provide redress and rehabilitation
Remarks of Gisella Gori*
T
hank you. Good morning everyone and thank you for
having invited the European Union here. Thanks to the
American University Washington College of Law and the
World Organisation Against Torture. I’m honored to be here with
you, to give some preliminary remarks. Since my Ambassador,
Mr. Vale de Almeida, was prevented from being here due to other
commitments, I was asked to provide you with some introductory remarks.
First of all, I would like to underline just how much the European
Union is firmly committed to upholding the absolute prohibition of
torture and cruel, inhuman, and degrading treatment or punishment.
The prevention and eradication of torture is one of our priorities
* Gisella Gori is a Senior Political Advisor with the Delegation of the
European Union to the United States.
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