A/65/273
various specialized institutions in the field of torture prevention and from the
Subcommittee on Prevention of Torture and OHCHR for the process of setting up
national preventive mechanisms. The Special Rapporteur has continuously offered
his assistance in this regard and encourages States to further avail themselves of the
mandate. As the Subcommittee on Prevention of Torture has indicated, the development
of a national preventive mechanism “should be considered an ongoing obligation, with
reinforcement of formal aspects and working methods refined and improved
incrementally”. 1 In that regard, the adoption, as in Costa Rica and Maldives, of
clear and ambitious action plans defining the goals and strategies of the national
preventive mechanism is useful.
VI. Conclusions and recommendations
87. Although torture constitutes one of the most brutal human rights
violations and a direct attack on the core of human dignity, it continues to be
widely practised in the majority of States in all parts of the world. This alarming
conclusion of the Special Rapporteur on torture is based on his experience after
carrying out the mandate for almost six years, and after conducting 17 factfinding missions to countries in all regions of the world and preparing three
joint studies together with other special procedures mandate holders.
88. While the appalling conditions of detention in most countries of the world
could be effectively addressed by adopting a special United Nations convention
on the rights of detainees, no further standard setting is required to combat
torture. Its prohibition is one of the few absolute and non-derogable human
rights and part of ius cogens, and the Convention against Torture and its
Optional Protocol contain a broad range of very specific positive State
obligations aimed at preventing and combating torture. If States parties to the
Convention and the Optional Protocol would abide by their legally binding
obligations, torture could easily be eradicated.
89. In order to combat increasing levels of crime, terrorism and other forms
of organized crime effectively, Governments in too many countries seem willing
to restrict certain human rights by granting their law enforcement, intelligence
and security forces very extensive powers. This leads to an environment
conducive to undermining the absolute prohibition of torture. The brutalization
of many societies has reached a level where torture is simply regarded by
Governments and the population at large as the “lesser evil”. This trend is
alarming. There is a need for a new global awareness-raising campaign to
change this climate of tolerance towards excessive use of force by law
enforcement officials. Governments need to be reminded that torture is not an
effective means of combating crime. On the contrary, it contributes to the
further brutalization of societies and the spiral of violence which many societies
suffer from. Torture is nothing other than an act of barbarism.
90. Impunity is one of the root causes of the widespread practice of torture.
This was recognized by the international community in the 1980s when
adopting the Convention against Torture as the first human rights treaty with
detailed obligations to criminalize torture, to establish broad jurisdictional
__________________
1
22
CAT/C/40/2, para. 28 (n).
10-48049
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents