B. Prohibition of torture or cruel, inhuman or degrading treatment
The right to freedom from torture and from cruel, inhuman or degrading treatment is,
under both the universal and regional systems, absolute and non-derogable under all
circumstances.
United Nations
In its General Comment No. 20 on article 7 of the Covenant, the Human Rights
Committee underlined the non-derogable nature of this provision:
The text of article 7 allows of no limitation. The Committee also reaffirms that,
even in situations of public emergency such as those referred to in article 4 of
the Covenant, no derogation from the provision of article 7 is allowed and its
provisions must remain in force. The Committee likewise observes that no
justification or extenuating circumstances may be invoked to excuse a violation
of article 7 for any reasons, including those based on an order from a superior
officer or public authority.
--General Comment No. 20, 10/3/1992 (para 3).
*****
The Committee is aware of the difficulties that the State Party faces in its
prolonged fight against terrorism, but recalls that no exceptional circumstances
whatsoever can be invoked as a justification for torture, and expresses concern
at the possible restrictions of human rights which may result from measures
taken for that purpose.
--CCPR/CO/76/EGY, para. 4 (2002).
*****
The Committee is deeply concerned that under the guidelines for the conduct of
interrogation of suspected terrorists authority may be given to the security
service to use "moderate physical pressure" to obtain information considered
crucial to the "protection of life". The Committee notes that the part of the
report of the Landau Commission that lists and describes authorized methods of
applying pressure remains classified. The Committee notes also the admission
by the State party delegation that the methods of handcuffing, hooding, shaking
and sleep deprivation have been and continue to be used as interrogation
techniques, either alone or in combination. The Committee is of the view that
the guidelines can give rise to abuse and that the use of these methods
constitutes a violation of article 7 of the Covenant in any circumstances.… If
legislation is to be enacted for the purpose of authorizing interrogation
32
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