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accountability, notably by undermining the work of civil society, hum an rights
defenders and others seeking to hold powerful actors to account.
C.
Delay
55. Although the prompt and expeditious investigation of credible allegations or
suspected incidents of torture or ill-treatment is a fundamental dimension of the duty
of States to investigate, there are often long delays across every stage of the
investigative process, from the gathering of relevant evidence to the pursuit and
conclusion of civil and criminal cases against perpetrators. Such delays can serve to
degrade evidence, demoralize victims, exceed applicable statutes of limitations or
undermine the establishment of truth about the relevant facts. Such delays may either
be deliberately aimed at obstructing accountability, or simply be the product of
deficient and/or underresourced investigatory mechanisms, yet the outcome of serious
delays in accountability processes is equally obstructive, whether this is intended or
not.
56. The Special Rapporteur has received extensive reports of the compounding of
delays in the context of the ongoing pandemic crisis of many processes that enable
victims or potential victims of torture or ill-treatment to obtain access to justice and/or
seek to challenge their detention, where relevant. This exacerbates the vulnerability
experienced by those victimized and/or deprived of their liberty.
D.
Scapegoating
57. One of the major shortcomings in the way accountability for torture and ill treatment is widely conceived and pursued is a tendency to view incidents of torture
and ill-treatment as only implicating a few “bad apples”: isolated individuals or
groups acting aberrantly in isolated incidents, who are then used as scapegoats for a
structural or systemic problem. Indeed, experience demonstrates that cases of torture
and ill-treatment rarely amount to isolated events and that State agents involved in
such abuse are rarely prosecuted or punished. Rather, such acts are almost always part
of a broader system or pattern of abuse, of which the relevant authorities are generally
well aware if not implicated, and which is often sustained by normative, institutional
and structural enabling factors. Unfortunately, when abuse is acknowledged, State
responses regularly tend to perpetuate the few “bad apples” thesis: the idea that torture
is typically a unique malevolent act undertaken by particularly corrupt or depraved
individuals, rather than a practice allowed or even encouraged by existing laws,
policies and behaviours. This in turn can allow States to deny the existence of any
structural or systemic pattern and absolve themselves of broader institutional
responsibility, and therefore also of the need to reform laws, policies and practices
that encourage abuse or allow it to persist.
E.
Deficient and/or underfunded procedures
58. There is frequently a substantial gap between legal provisions and the reality
faced by those seeking to hold individuals and authorities accountable for torture and
ill-treatment. The mandate repeatedly observes and receives reports of various de
facto limitations and obstacles arising across many different stages of the
accountability process. These include, from the outset, barriers and delays in the
exercise of the right of detainees to contact a third party or to receive legal assistance,
delays or denials of access to an independent medical doctor, preventing prompt
detection and documentation, lack of interpretation services for those who need them
18/23
21-09914
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