United Nations Voluntary Fund for Victims of Torture and the United Nations
High Commissioner for Human Rights make the following statement to commemorate the
United Nations International Day in Support of Victims of Torture:
The total ban on torture is firmly entrenched. Justification of its use is anathema.
Throughout the world, the consensus relating to the prohibition of torture is being tested and
some Member States of the United Nations blatantly contravene this prohibition in violation
of international law and international standards. Torture continues to be inflicted at the
hands of Governments and their agents, and increasingly on their behalf. We are deeply
concerned about the number of reliable reports detailing the practice of torture around the
world.
Today, a cornerstone of international human rights law is under unprecedented
attack. In many States, including democratic ones, adherence to human rights standards as
well as the principles and procedures underpinning the rule of law are being questioned or
bypassed on the grounds that established rules do not apply in our current geo-political
climate.
Many democratic Governments are engaging in secret activities, effectively
curtailing examination and debate, and demonstrating a tendency to avoid judicial scrutiny.
Many of the legal and practical safeguards available to prevent torture, including regular and
independent monitoring of detention centres, are also being disregarded. Concrete steps
should be taken, including mandatory videotaping, to protect against the use of torture in
interrogations and to ensure that torture does not taint the criminal justice system. Places of
detention should be open to monitoring by independent national human rights institutions,
where they exist, and non-governmental organizations.
Governments unquestionably have a duty to protect their citizens from torture.
Imminent or clear danger permits limitations on certain human rights. The right to be free
from torture and cruel, inhuman or degrading treatment is not one of these. This right must
not be subject to any limitation, anywhere, under any condition.
In light of these concerns, we recall that the non-derogable nature of torture is
enshrined in the Convention against Torture, and in other international and regional human
rights instruments. States are required under customary international and treaty law to take
effective legislative, administrative, judicial or other measures to prevent, investigate,
prosecute and punish acts of torture committed in any territory under their jurisdiction. We
call for the universal ratification of the Convention against Torture and urge States parties to
the Convention to make the declaration under article 22 providing for individual
communications.
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