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allegedly by State as well as by non-governmental
forces. The Special Rapporteur recalls that all parties to
armed conflicts, be they of an international character or
not, are bound by humanitarian law principles which
prohibit torture and other forms of cruel treatment,
including mutilation. In one country, the latter
reportedly included such brutal forms of torture as the
amputation of limbs. Amnesties negotiated in the
aftermath of armed conflict are argued to have granted
impunity to State, paramilitary or non-governmental
forces that in some cases have committed extreme
forms of torture on children. In addition, the Special
Rapporteur notes that the forcible recruitment of
children into armed forces is of great concern to the
Committee on the Rights of the Child. Children are
said to have been forcibly recruited at a sometimes
very young age, in violation of international human
rights standards, and forced to carry out traumatic
attacks on their own families and communities. In this
respect, the Special Rapporteur encourages States to
ratify the Optional Protocol to the Convention on the
Rights of the Child on the involvement of children in
armed conflict, adopted by the General Assembly in its
resolution 54/263 of 25 May 2000, and to support the
work of the Special Representative of the SecretaryGeneral on Children and Armed Conflict.
C. Torture and human rights defenders
16. Over the years, the Special Rapporteur has
received information regarding a significant number of
cases where the victims of torture and cruel, inhuman
or degrading treatment or punishment are human rights
defenders. While there is no evidence to suggest that
human rights defenders are generally subjected to
particular forms of torture or ill-treatment applied
uniquely to them owing to their status as human rights
defenders, there remains nonetheless a clear and
compelling need to make a separate comment on the
issue. This need derives from the consideration that
human rights defenders are on the front line for the
defence of human rights and play a key role in the
denunciation of human rights violations. The Special
Rapporteur would like to stress that, like other United
Nations human rights mechanisms, he relies largely on
their work and information to discharge his mandate.
17. Aside from the traditional forms of repression of
human rights, such as extrajudicial, summary or
arbitrary executions, arbitrary detention and torture, a
large number of communications received by the
Special Rapporteur concern systematic harassment of
human rights defenders, their relatives or persons
associated with them, aimed at preventing them from
undertaking human rights activities. Threats to their
physical integrity, including death threats, legal
restrictions related to the existence of the organizations
to which they belong or on their activities, social
disqualification through propaganda, misinformation
and intimidation, judicial persecution through
fabricated criminal charges, denial of access to means
of livelihood and of social services, constant
surveillance, denial of identity documents or absence
of due protection by public authorities from threats
originating from non-State actors are among the most
commonly reported ways of preventing human rights
defenders from carrying out their activities.
18. While the Special Rapporteur intervened on
several occasions on behalf of human rights defenders
who were said to be at risk of torture or other forms of
ill-treatment or who had allegedly been subjected to
torture, he also intervened on behalf of human rights
defenders who were not directly at any risk of torture,
but who were prevented by various means not falling
within his mandate from providing legal and/or
humanitarian assistance to torture victims. In the
former case, he mainly intervened in conjunction with
the Special Rapporteur of the Commission on Human
Rights on the independence of judges and lawyers.
19. The Convention against Torture refers to the duty
of States parties to ensure that any individual who
alleges he has been subjected to torture in any territory
under its jurisdiction has the right to complain ... and
that the complainant and witnesses are protected
against all ill-treatment or intimidation as a
consequence of his complaint or any evidence given
(article 13). The Special Rapporteur believes that this
right would be seriously impaired if human rights
defenders are prevented from advocating on behalf of
torture victims. In that context, the Special Rapporteur
sent urgent appeals on behalf of lawyers representing
torture victims who were said to have been threatened
or harassed in connection with pending legal
proceedings regarding alleged cases of torture.
20. The Special Rapporteur would also like to remind
Governments that in its resolution 2000/22 on
cooperation with representatives of United Nations
human rights bodies, the Commission urged them to
refrain from all acts of intimidation or reprisal against
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