A/HRC/40/59
29.
Where the undue advantage integral to a corrupt transaction per se amounts to
torture or ill-treatment, any remedial efforts must be directed simultaneously at both
components of the relevant interactive pattern between corruption and torture or illtreatment. Of course, persons coerced to provide undue advantages that per se amount to
torture or ill-treatment should not be regarded as perpetrators of corruption, but should be
viewed as victims of both corruption and torture or ill-treatment and, accordingly, should
receive support throughout any accountability process, and be provided with full redress
and rehabilitation.
30.
The risk of such profoundly abusive interactions is highest in, but by no means
isolated to, contexts of armed conflict or other situations marked by a prevalence of
unchecked power, generalized or systemic violence, structural discrimination and impunity.
In such contexts, torture and ill-treatment are unlikely to be eradicated, or even significantly
reduced, without comprehensive measures towards preventing the abuse of entrusted or
appropriated power and ensuring good governance, non-discrimination and the rule of law,
most notably through checks and balances, separation of powers and effective monitoring
and oversight. In order for such remedial action to be effective, it is vital to stabilize the
entire environment, to strengthen the institutions and procedures of good governance and to
empower both civil society and (potential) victims, including by alleviating the legal,
structural and socioeconomic conditions conducive to corruption, torture and ill-treatment
(A/73/207, para. 77 (i)).
Instrumentalizing torture or ill-treatment for “undue advantages”
2.
31.
The next closest interaction between corruption and torture or ill-treatment is
marked by a direct and intended causal connection, namely where acts or threats of torture
or ill-treatment are deliberately employed as a tool for obtaining an undue advantage,
enforcing a corruption scheme or preventing accountability for corruption. This pattern of
abuse is widespread in all regions of the world. It thrives in all contexts, systems or
situational “niches” where officials or those acting on their behalf or with their consent or
acquiescence are effectively free to exercise coercion arbitrarily and with near-total
impunity, whether as a consequence of a complete breakdown of law and order (e.g. armed
conflicts and natural disasters), of discriminatory policies and practices (e.g. marginalized
communities and irregular migrants) or of corruption schemes exploiting situational
vulnerabilities (e.g. prisoners and other institutionalized persons).
32.
In many contexts, it is a widespread practice, for example, for corrupt prison staff,
soldiers, police officers, border officials or armed non-State actors to deliberately employ
acts or threats of torture or ill-treatment as a tool to extort money and other valuables from
victims, their families or friends (A/HRC/13/39/Add.5, para. 64). Similarly, detainees or
their families may be forced to pay bribes to State officials in order to get them to abstain
from torture or ill-treatment or to alleviate cruel, inhuman or degrading prison conditions
(e.g. A/HRC/13/39/Add.5, paras. 64–66; and CAT/C/52/2, paras. 80 and 84).12 Another,
increasingly widespread, practice is corruption schemes operated in the context of irregular
migration, where border officials give access to regular procedures or turn a blind eye on
clandestine entries in return for money, valuables or other undue advantages, and enforce
this “business model” through the deliberate infliction of violent abuse on any migrant
caught crossing the border without complying with their demands (A/HRC/37/50, para. 30).
Acts or threats of violence and abuse amounting to torture or ill-treatment are also
deliberately employed as a tool for obstructing the prevention, investigation, prosecution
and adjudication of corruption, most commonly by: (a) coercing victims or witnesses not to
report corruption; (b) coercing false confessions, testimonies or denunciations in order to
conceal or evade accountability for corruption; (c) coercing judicial or law enforcement
officials into disregarding their duties in the fight against corruption; or (d) intimidating or
12
See also “Report to the Armenian Government on the visit to Armenia carried out by the European
Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)
from 10 to 21 May 2010”, document CPT/Inf (2011) 24; and Association for the Prevention of
Torture and Prison Reform International, Institutional Culture in Detention: A Framework for
Preventive Monitoring, 2nd ed. (London, 2015), p. 9.
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