A/55/290
regarding pay and conditions of work for law
enforcement officials in other countries. In that
context, it must be noted that a significant number of
cases received by the Special Rapporteur concern
beatings and other forms of ill-treatment, especially in
police custody, allegedly aimed at extorting bribes,
mainly from common criminal suspects. During factfinding missions, the lack of financial resources was
often presented by officials as an explanation, if not a
justification, for failing to provide food or adequate
and prompt medical care to detainees. Detainees in
need of urgent medical attention have thus been left
unattended reportedly due to a lack of medicines or of
means of transportation to a proper medical institution.
Finally, the Special Rapporteur notes with concern that
law enforcement officials from lower ranks often
acknowledged that because of a lack of means to carry
out proper investigations into cases brought to them,
violence was resorted to as the “easiest” and “simplest”
way to achieve “results”. This, coupled with a lack of
proper training, is among the main root causes of
torture, especially in relation to common criminal
suspects.
cruel, inhuman or degrading treatment or punishment has
been committed by or at the instigation of a public
official, the victim shall be afforded redress and
compensation in accordance with national law”.
37. The Special Rapporteur has neither the
competence nor the expertise to offer solutions to
change these bleak realities. He believes, however, that
as long as national societies and, indeed, the
international community fail to address the problems of
the poor, the marginalized and the vulnerable, they are
indirectly and, as far as exposure to the risk of torture
is concerned, directly contributing to the vicious circle
of brutalization that is a blot on and a threat to our
aspirations for a life of dignity and respect for all.
Notes
1
“For the purposes of the present Convention, the term
‘discrimination against women’ shall mean any
distinction, exclusion or restriction made on the basis of
sex which has the effect or purpose of impairing or
nullifying the recognition, enjoyment or exercise by
women, irrespective of their marital status, on a basis of
equality of men and women, of human rights and
fundamental freedoms in the political, economic, social,
cultural, civil or any other field.”
2
Similarly, article 11 of the Declaration on the Protection
of All Persons from Being Subjected to Torture and
Other Cruel, Inhuman or Degrading Treatment or
Punishment, adopted by the General Assembly in its
resolution 3452 (XXX) of 9 December 1975, provides
that “[w]here it is proved that an act of torture or other
9
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