Preface to the Second Revised Edition
vii
of the United Nations High Commissioner for Human Rights in Geneva, Jens Modvig,
Chair of the UN Committee against Torture and Malcom Evans, Chair of the SPT, as well
as all the members of the Committee against Torture who participated in a side meeting
during the 62nd session in Geneva in November 2017 to discuss key issue of interpretation with the editors. We also extend our gratitude to Carin Benninger-Budel (OMCT),
Barbara Bernath and Veronica Filippeschi (APT), Elina Steinerte (Bristol University) and
Lutz Oette (SOAS University of London) for providing valuable comments on the drafts.
We are also deeply indebted to numerous research fellows and interns who conducted
research on specific questions of interpretation and contributed in a most professional
manner to the preparation of the Commentary. In this context, special thanks go to Elena
Dietenberger and Miranda Merkviladze. We are also grateful to Laura Alberti, Samory
Badona Monteiro, Aram Bajalan, Shimels S. Belete, Elisa Klein-Diaz, Nabila Ehrhardt,
Katharina Heymann, Saskia Kaltenbrunner, Julia Kostal, Nicole Metz, Felix Steigmann.
Finally, we wish to express our gratitude to Oxford University Press and, especially Natasha
Flemming and Merel Alstein, who have always encouraged and patiently cooperated with
us throughout the whole period, the Ludwig Boltzmann Institute of Human Rights in
Vienna, home to fruitful exchanges and discussions that have ultimately flew into the
pages of this Commentary and the FWF Austrian Science Fund whose generous support
only made this publication possible.
The practice of the CAT Committee and the SPT was taken into account until 31
March 2017. Other key developments, such as the General Comment No. 4 adopted
by the CAT Committee at the 62nd session from November/December 2017, have been
taken into account by the authors up until the end of December 2017.
The first edition of this Commentary was written in the middle of the so-called “war
on terror”, which had seriously undermined the universal consensus on the absolute prohibition of torture and other forms of ill-treatment. The “war on terror” seems to be
over, but the practice of torture, cruel, inhuman or degrading treatment or punishment
has certainly not improved since then. When he finished his activities as UN Special
Rapporteur on Torture, which had included 18 official fact-finding missions to countries in all world regions, three joint investigations with other special procedures of the
UN Human Rights Council and comprehensive research, Manfred Nowak concluded
that torture is occurring in more than 90% of all States, is practiced routinely in more
than 50% of all States and systematically in roughly 10%. In addition, he identified a
global prison crisis and inhuman conditions of detention in the majority of States in all
world regions.1 The reports of his two successors in this mandate, Juan Mendez and Nils
Melzer, show that the situation is unfortunately not improving. On the contrary, the erosion of the universal consensus on the absolute prohibition of torture has reached such
an alarming level that persons have recently been elected as Presidents of powerful States
in both the Global North and the Global South, who openly advocate torture. This illustrates that we would need a radical change in world politics if we wish to achieve the
ultimate goal of eradicating the practice of torture, preventing the risk of torture and
improving conditions of detention. We hope that this second edition of our Commentary
1
See the final study of the Special Rapporteur on Torture and his report to the UN Human Rights Council
in UN Doc. A/HRC/13/39 and Add. 5 of 9 February 2010. See also Manfred Nowak, Torture –An Expert’s
Confrontation with an Everyday Evil, University of Pennsylvania Press, Philadelphia 2018.