victims. Rather, operating on a mainly confidential basis, it seeks to deter torture and other illtreatment.
In any event, the fact remains that both the Vienna and Copenhagen Documents had committed
participating states to "consider acceding" to the UN Convention against Torture ("as a matter of
priority" in the Copenhagen Document) and, as we have seen, seven have still not done so. The
Copenhagen Document also committed participating states to consider withdrawing reservations to
Article 20 of the Convention, bur four remain. The same document further committed them to accepting
the rights of individual and interstate complaint. 20 OSCE states parties to the Convention have yet to
accept the former and 18, the latter.
The OSCE itself has failed to contribute substantially to efforts to combat torture. The Copenhagen
Document (paragraph 16.6) committed participating states:
"to take up with priority for consideration and appropriate action, in accordance with the agreed
measures and procedures for the effective implementation of the commitments relating to the human
dimension of the OSCE, any cases of torture and other inhuman or degrading treatment or punishment
made known to them through official channels or coming from any other reliable source of
information".
The procedures presently include the (earlier) Vienna and (later) Moscow Mechanisms.
As far as I am aware neither mechanism has been successfully invoked to address torture problems
within the OSCE. (The closest attempt was the (unusual ) CSO initiative in June 1983 in respect of
Yugoslavia (Serbia and Montenegro). The mission which would have examined reports of human rights
violations, including a specified instance of beating, was not allowed to visit the country. This is
regrettable, but hardly surprising, since both mechanisms are of an interstate nature. Interstate
complaints procedures are notoriously inadequate, as states are reluctant to bring complaints against
each other, especially, as with the CSCE mechanisms, several states must agree to the initiative. That
they worked partially in the Cold War period of the CSCE is attributable precisely to the role of human
rights in the ideological face-off.
It is true that implementation meetings on human dimension issues can consider problems raised, for
example, by non-governmental organisations. Thus, the International Helsinki Federation for Human
Rights presented a "Report to the OSCE Implementation Meeting on Human Dimension Issues,
Warsaw, 2-19 October 1995". Its chapter on torture and related issues (pages 33-42) listed a number of
problems in 19 participating states. Also a substantial number of OSCE countries, from both East and
West, are mentioned in the annual reports of the Special Rapporteur on Torture of the UN Commission
on Human Rights and in the Budapest Document the Organisation was urged to "draw on the
experience of the Special rapporteur" (paragraph 20). Yet, all that emerged in the official consolidated
summary were three short paragraphs mentioning the existence of the problem in unnamed states (page
33). In brief, the implementation meetings do not implement.
Of course, international treaty rules and machinery cannot, of themselves, put an end to torture where it
exists, any more than they are needed where it does not exist. A state may submit itself to all the rules
and procedures and torture may still continue (see, for example, Council of Europe, European
Committee for the Prevention of Torture and Inhuman and Degrading Treatment or Punishment,
"Public Statement on Turkey - Adopted on 15 December 1992" and "Summary account of the result of
the proceedings concerning the inquiry on Turkey", Report of the Committee against Torture, UN
Document A/48/44/Add.1 (1994) ), while a state such as the Holy See, which played a positive role
during the drafting of the UN Torture Convention, is party to no instrument, but, of course, generates
OSCE ODIHR Bulletin Vol. 4 No. 3
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