A/54/426
57. Also relevant is article 7 (1) (k) which covers “other
inhumane acts of a similar character intentionally causing
great suffering, or serious injury to body or to mental or
physical health”.
58. Article 8 (2) (a) of the Statute, applicable to
situations of international armed conflict, concerns grave
breaches of the Geneva Conventions of 12 August 1949 and
incorporates the Conventions’ language on “torture or
inhuman treatment” (ii) and “wilfully causing great
suffering, or serious injury to body or health” (iii) in its list
of acts coming within the material competence of the Court
as a “war crime”.
59. The provisions of the Rome Statute concerning war
crimes committed in the context of an armed conflict not
of an international character are based on article 3 common
to the four Geneva Conventions of 12 August 1949 and
include, inter alia, “violence to life and person, in
particular murder of all kinds, mutilation, cruel treatment
and torture” as well as the commission of “outrages upon
personal dignity, in particular humiliating and degrading
treatment” (art. 8 (2) (c) (i)-(ii)).
V. Concluding remarks and
observations
60. Based upon all the information available to him, the
Special Rapporteur can only conclude that the phenomenon
of torture continues to plague all regions of the world. The
Special Rapporteur is of the view that torture can be
eradicated only if there is a genuine will on the part of
Governments to enforce the safeguards that have been
established to prevent acts of torture from occurring. To
this end, the Special Rapporteur would recommend the
following:
(a) That all States that have not done so ratify or
accede to the Convention against Torture or Other Cruel,
Inhuman or Degrading Treatment or Punishment; further
that all States ratifying or acceding to the Convention and
those States parties that have not yet done so make the
declaration provided for in articles 21 and 22 of the
Convention and avoid making, or consider the possibility
of withdrawing, reservations to article 20;
(b) That all States enact the necessary legislation
to ensure that all acts of torture are offences under its
criminal law, and that these offences are punishable by
appropriate penalties which take into account their grave
nature;
12
(c) That all States prohibit incommunicado
detention for more than 24 hours or, under special
circumstances, 48 hours, and that the safeguards provided
in article 9 of the International Covenant on Civil and
Political Rights concerning the liberty and security of the
person be respected;
(d) That all States ensure that education and
information regarding the prohibition of torture are fully
included in the training of law enforcement personnel, civil
or military, medical personnel, public officials and other
persons who may be involved in the custody, interrogation
or treatment of any individual subjected to any form of
arrest, detention or imprisonment;
(e) That all States carry out a prompt and impartial
investigation wherever there is reasonable ground to
believe that an act of torture has been committed in any
territory under its jurisdiction;
(f) That all States institute criminal proceedings
where there is sufficient evidence to find that a State agent
has committed an act of torture; where such an individual
is found guilty of the crime, the punishment should be
commensurate with the gravity of the crime;
(g) That all States should ensure that in its legal
system the victim of an act of torture obtains redress and
has an enforceable right to fair and adequate compensation,
including the means for as full a rehabilitation as possible;
(h) That all States provide support to the maximum
extent possible to the United Nations Voluntary Fund for
Victims of Torture;
(i) That all States ensure that any statement which
is established to have been made as a result of torture shall
not be invoked as evidence in any proceedings except
against a person accused of torture as evidence that the
statement was made;
(j) That the General Assembly give consideration
to endorsing the Principles on the effective investigation
and documentation of torture and other cruel, inhuman or
degrading treatment or punishment annexed to the present
report.
Notes
1
Pursuant to resolution 1998/38 of the Commission on
Human Rights, the Special Rapporteur presented an oral
interim report to the fifty-third session of the General
Assembly on 5 November 1998.
2
With respect to the working methods used by the Special
Rapporteur regarding urgent actions, reference should be
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