E/CN.4/1994/31
page 135
III.
CONCLUSIONS AND RECOMMENDATIONS
666. As in previous years, it must be concluded that torture occurs,
lamentably, in a significant number of countries. It is virtually axiomatic
that situations where torture is systematically practised are characterized by
one or both of the following phenomena:
(a)
The legal system does not provide the institutional safeguards
needed to restrain law enforcement officials and members of security forces
from resorting to abusive and illegal behaviour to achieve their aims. In
particular, persons suspected of crimes or of possessing information relevant
to the detection of crime are left in the hands of their interrogators without
access to the outside world or other authoritative external supervision. In
effect, they are detained incommunicado. They cannot call the outside world
to their aid and their captors and interrogators presume they are insulated
from external interference. Indeed, in this sense, this element is connected
with the second one.
(b)
Those conducting the torture enjoy de jure or de facto impunity.
De jure impunity generally arises where legislation provides indemnity from
legal process in respect of acts to be committed in a particular context or
exemption from legal responsibility in respect of acts that have in the past
been committed, for example, by way of amnesty or pardon. De facto impunity
occurs where those committing the acts in question are in practice insulated
from the normal operation of the legal system. Such immunity may begin with
the absence of safeguards of the sort mentioned in (a) above. Sometimes the
safeguards may be formally in place and applicable, but those charged with
maintaining public order are allowed to become "a law unto themselves" or,
more accurately, the law is prevented from reaching their acts. Legality and
the rule of law are dispensed with. In the case of torture, grave crimes are
committed in the name of maintaining public order. Nothing can be more
corrosive of general respect for law, without which no organized society can
in the long term be secure.
667. The United Nations is aware of these phenomena. It was in the context
of its efforts to combat torture that the General Assembly, in its
resolutions 3218 (XXIX) and 3453 (XXX), set in motion the drafting of the
instrument that was to become the Body of Principles for the Protection of
All Persons under Any Form of Detention or Imprisonment. This instrument
constitutes a compilation of safeguards, respect for which would radically
inhibit the incidence of torture in the world. Of crucial importance in this
respect are Principles 15, 16, 18, 19, 24, 25, 29, 32 and 33. In this
context, the Special Rapporteur recalls the words of Principle 15 whereby
"communication of the detained or imprisoned person with the outside world,
and in particular his family or counsel, shall not be denied for more than a
matter of days".
668. As regards impunity, the World Conference on Human Rights evinced a
general concern with the problem in the Vienna Declaration and Programme of
Action, part II, paragraph 91 of which states:
"91. The World Conference on Human Rights views with concern the issue
of impunity of perpetrators of human rights violations, and supports the
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