E/CN.4/1993/26
page 129
IV.
CONCLUSIONS AND RECOMMENDATIONS
579. The first sentence of the Universal Declaration of Human Rights, the
mother-document of all human rights instruments, reads: "Whereas recognition
of the inherent dignity and of the equal and inalienable rights of all members
of the human family is the foundation of freedom, justice and peace in the
world." Torture is exactly the opposite of what is referred to here, since
torture is the very denial by the torturer of his victim's inherent dignity.
The breaking of bones, horrible as it is, is only a tool to obtain the result
which is really intended by the torturer: the breaking of the personality, of
the other's will. What makes torture particularly repulsive is that very
often its long-term effects are not so much physical as psychological. The
broken, disintegrated personality will never heal; the inherent dignity of the
victim is irreparably tainted.
580. A particularly despicable assault on human dignity is rape. Women are
afflicted in the most sensitive part of their personality and the long-term
effects are bound to be extremely harmful whereas in most cases the necessary
psychological treatment and care can and will not be afforded. It is
mind-boggling indeed to read in the report of the Special Rapporteur on
Yugoslavia that in Bosnia and Herzegovina rape is deliberately practised as
yet another method of expressing contempt and hatred for the ethnic group
which the unfortunate victims are made to symbolize.
581. As ignominious is the torture of children who are still in their
formative stage and who, as a result of the torture they had to endure, will
be seriously hampered in developing a balanced and stable personality. The
Special Rapporteur was appalled by a number of communications containing
allegations of torture practised against children at a time when the
international community loudly proclaims that children are entitled to special
protection.
582. The fact that torture is the absolute negation of human dignity and human
rights caused the international community to step up its campaign against
torture. We should be aware, however, that torture is only the final link in
a long chain. The seeds of torture are sown whenever a society tolerates
situations where respect for the human dignity of fellow citizens is taken
lightly. The situation in the former Yugoslavia is a vivid illustration of
this. Lack of respect for the inherent dignity of fellow human beings just
because they belong to a different ethnic group has led to a situation where
torture, rape and murder are rampant.
583. It is, therefore, no coincidence that the Human Rights Committee updated
simultaneously its general comments on articles 7 and 10 of the International
Covenant on Civil and Political Rights in April 1992 (A/47/40, annex VI).
584. In one of his previous reports (E/CN.4/1988/17, para. 55) the Special
Rapporteur said that there was a sliding scale which extended from treatment
of detainees which was not in conformity with the provision of article 10,
paragraph 1 of the International Covenant, which states that "all persons
deprived of their liberty shall be treated with humanity and with respect for
the inherent dignity of the human person", through inhuman or degrading
treatment to real torture. The Human Rights Committee expressed the same view
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