E/CN.4/1995/34
page 8
implementation of United Nations norms and standards relevant to the
protection of prisoners, within the framework of preparations for the Ninth
United Nations Congress on the Prevention of Crime and the Treatment of
Offenders to be held in April 1995.
14.
The Special Rapporteur also attended a number of non-governmental events
relevant to the promotion or discharge of his mandate. These included the
nineteenth Round Table of the International Institute of Humanitarian Law,
held in San Remo, Italy in August, the twentieth anniversary conference of the
International Federation of ACAT (Action of Christians for the Abolition of
Torture), held in Strasbourg, France in September and a conference of Penal
Reform International aimed at developing a practical manual of standards for
the treatment of prisoners, held in The Hague, the Netherlands, in November.
Follow-up to paragraph 5 of Commission on Human Rights resolution 1994/37
15.
In paragraph 5 of its resolution 1994/37 the Commission on Human Rights
"invite[d] the Special Rapporteur to examine questions concerning torture
directed disproportionately or primarily against women and conditions
conducive to such torture, and to make appropriate recommendations concerning
prevention of gender-specific forms of torture".
16.
Methods of torture involving sexual abuse may be characterized as
essentially gender-based. Professor Kooijmans, in his oral introduction to
his 1992 report to the Commission on Human Rights, noted that "[s]ince it was
clear that rape or other forms of sexual assault against women in detention
were a particularly ignominious violation of the inherent dignity and the
right to physical integrity of the human being, they accordingly constituted
an act of torture." (E/CN.4/1992/SR.21, para. 35).
17.
Although the human rights instruments concerning torture do not refer
specifically to gender-based violence, several instruments in the humanitarian
law context contain provisions related to proscription of torture against
women. For example, the Declaration on the Protection of Women and Children
in Emergency and Armed Conflict (General Assembly resolution 3318 (XXIX))
provides that "[a]ll forms of repression and cruel and inhuman treatment of
women and children, including ... torture ... committed by belligerents in
the course of military operations or in occupied territories shall be
considered criminal." Article 27 of the Fourth Geneva Convention provides
that "[w]omen shall be especially protected against any attack on their
honour, in particular against rape, enforced prostitution, or any form of
indecent assault" and applies to women who are "protected persons" within the
meaning of article 4 of the Convention. Article 76 (1) of Protocol I and
article 4 (2) (e) of Protocol II also prohibit rape, enforced prostitution and
indecent assault. Article 4 (2) (e) adds the prohibition of "outrages upon
personal dignity, in particular humiliating and degrading treatment ...".
18.
In certain countries, rape and other forms of sexual assault were
reported to be common means of torture. It was alleged in the case of one
country that 85 per cent of women held in police custody were subjected to
some form of sexual abuse, including rape. Although allegations of sexual
abuse were occasionally received wherein men were the target, the vast
majority of such allegations concerned women. When sexual abuse occurred in