Human Rights, which entered into force on 18 July
1978.25 Article 5 of the Convention states:
23. The Special Rapporteur reports annually to the
Commission on Human Rights on communications sent
to Governments and on replies received by him or her. On
the basis of information received from Governments and
other reliable sources, the Special Rapporteur makes recommendations to the Governments concerned with a
view to finding durable solutions to the elimination of
violence against women in any country. The Special Rapporteur may send follow-up communications to Governments when no replies have been received or when insufficient information has been provided. Should a particular
situation of violence against women in any given country
persist and information received by the Special Rapporteur indicate that no measures are or have been taken by a
Government to ensure the protection of the human rights
of women, the Special Rapporteur may consider the possibility of seeking permission from the Government concerned to visit that country in order to carry out an on-site
fact-finding mission.
1. Every person has the right to have his physical, mental, and
moral integrity respected.
2. No one shall be subjected to torture or to cruel, inhuman, or
degrading punishment or treatment. All persons deprived of their liberty shall be treated with respect for the inherent dignity of the human
person.
27. Article 33 of the Convention provides for the
establishment of the Inter-American Commission on
Human Rights and the Inter-American Court of Human
Rights. As stated in its regulations, the Commission’s
principal function is to promote the observance and
defence of human rights and to serve as an advisory body
to the Organization of American States in this area.26 In
fulfilling this function, the Commission has looked to the
Inter-American Convention to Prevent and Punish Torture to guide its interpretation of what is meant by torture
under article 5.27 The Inter-American Convention to Prevent and Punish Torture was adopted by the Organization
of American States on 9 December 1985 and entered into
force on 28 February 1987.28 Article 2 of the Convention
defines torture as:
(f) United Nations Voluntary Fund for Victims of Torture
24. The physical and psychological after-effects of
torture can be devastating and last for years, affecting not
only the victims but also members of their families.
Assistance in recovering from the trauma suffered can be
obtained from organizations that specialize in assisting
victims of torture. In December 1981, the General Assembly established the United Nations Voluntary Fund for
Victims of Torture to receive voluntary contributions for
distribution to non-governmental organizations (NGOs)
that provide psychological, medical, social, economic,
legal and other forms of humanitarian assistance to victims of torture and members of their families. Depending
on the voluntary contributions available, the Fund may
finance about 200 NGO projects assisting about 80,000
victims of torture and members of their families in about
80 countries worldwide. The Fund financed the drafting
and translation of the present manual and recommended
its publication in the Professional Training Series of the
Office of the United Nations High Commissioner for
Human Rights, following a recommendation of its Board
of Trustees, which subsidizes a limited number of projects
to train health professionals and others on how to provide
specialized assistance to victims of torture.
...stany act intentionally performed whereby physical or mental pain
or suffering is inflicted on a person for purposes of criminal investigation, as a means of intimidation, as personal punishment, as a preventive measure, as a penalty, or for any other purpose. Torture shall also
be understood to be the use of methods upon a person intended to obliterate the personality of the victim or to diminish his physical or mental
capacities, even if they do not cause physical pain or mental anguish.
28. Under article 1, the States parties to the Convention undertake to prevent and punish torture in accordance
with the terms of the Convention. States parties to the
Convention are required to conduct an immediate and
proper investigation into any allegation that torture has
occurred within their jurisdiction.
29. Article 8 provides that “States Parties shall guarantee that any person making an accusation of having
been subjected to torture within their jurisdiction shall
have the right to an impartial examination of his case”.
Likewise, if there is an accusation or well-grounded reason to believe that an act of torture has been committed
within their jurisdiction, the States parties must guarantee
that their respective authorities will proceed properly and
immediately to conduct an investigation into the case
and initiate, whenever appropriate, the corresponding
criminal process.
C. Regional organizations
30. In one of its 1998 country reports, the Commission noted that an obstacle to the effective prosecution of
torturers is the lack of independence in an investigation of
claims of torture, as the investigation is required to be
undertaken by federal bodies likely to be acquainted with
25. Regional bodies have also contributed to the
development of standards for the prevention of torture.
These bodies include the Inter-American Commission on
Human Rights, the Inter-American Court of Human
Rights, the European Court of Human Rights, the European Committee for the Prevention of Torture and the
African Commission on Human Rights.
25
Organization of American States, Treaty Series, No. 36, and
United Nations, Treaty Series, vol. 1144, p. 123, reprinted in “Basic
documents pertaining to human rights in the inter-American system”
(OEA/Ser. L.V/II.82, document 6, rev. 1), p. 25 (1992).
26
“Regulations of the Inter-American Commission on Human
Rights” (OEA/Ser.L.V/II.92), document 31, rev. 3 of 3 May 1996,
art. (1).
27
See case 10.832, report No. 35/96, Inter-American Commission
on Human Rights Annual Report 1997, para. 75.
28
Organization of American States, Treaty Series, No. 67.
1. The Inter-American Commission on Human Rights
and the Inter-American Court of Human Rights
26. On 22 November 1969, the Organization of
American States adopted the American Convention on
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