Appendices
Appendix 1: Combating impunity
Extract from the 14th General Report of the European
Committee for the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment, [CPT/Inf (2004) 28]
25. The raison d’être of the CPT is the “prevention” of torture and inhuman
or degrading treatment or punishment; it has its eyes on the future rather
than the past. However, assessing the effectiveness of action taken when
ill-treatment has occurred constitutes an integral part of the Committee’s
preventive mandate, given the implications that such action has for future
conduct.
The credibility of the prohibition of torture and other forms of ill-treatment
is undermined each time officials responsible for such offences are not held
to account for their actions. If the emergence of information indicative of illtreatment is not followed by a prompt and effective response, those minded
to ill-treat persons deprived of their liberty will quickly come to believe
– and with very good reason – that they can do so with impunity. All efforts
to promote human rights principles through strict recruitment policies and
professional training will be sabotaged. In failing to take effective action, the
persons concerned – colleagues, senior managers, investigating authorities –
will ultimately contribute to the corrosion of the values which constitute the
very foundations of a democratic society.
Conversely, when officials who order, authorise, condone or perpetrate torture
and ill-treatment are brought to justice for their acts or omissions, an unequivocal message is delivered that such conduct will not be tolerated. Apart from
its considerable deterrent value, this message will reassure the general public
that no one is above the law, not even those responsible for upholding it.
The knowledge that those responsible for ill-treatment have been brought
to justice will also have a beneficial effect for the victims.
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