A/HRC/13/39/Add.5
refrained from installing effective safeguards. Instead, it has been repeated by Governments
that the non-refoulement principle does not apply beyond their territories and on the high
seas. By preventing access to protection, the principle of non-refoulement runs the risk of
becoming ineffective.
249. It has to be repeated that States are to respect the prohibition of refoulement not only
on their territories but on any territory or towards any person they are exercising effective
control over. Furthermore, States have to refrain from any act that make the fulfilment of
their obligation impossible or frustrates its object and purpose, since this would violate the
universally recognized principle of good faith. When controlling their territories, States
have to differentiate between ordinary migrants and persons entitled to the protection of the
non-refoulement principle. In this respect States should review their migration management
strategies and include safeguards for persons fleeing from torture.
V.
Conclusions and recommendations
250. Torture is a global phenomenon. Only very few countries have managed to
eradicate torture in practice. In the vast majority of States, torture not only occurs in
isolated cases, but is practised in a more regular, widespread or even systematic
manner.
251. Most victims of torture are not political prisoners or suspected of having
committed political “crimes”, but ordinary persons suspected of having committed
criminal offences. They usually belong to disadvantaged, discriminated and
vulnerable groups, above all those suffering from poverty.
252. The most frequent purpose of torture is the extraction of a confession. Since
confessions in many contexts are still regarded as the “crown of evidence”,
considerable pressure is exerted by politicians, the media, prosecutors and judges on
law enforcement bodies to “solve criminal cases” by means of extracting confessions
that are later used in courts to convict the suspects.
253. The major structural reason for the widespread practice of torture in many
countries is the malfunctioning of the administration of justice and, consequently the
lack of respect for safeguards. States are not investing sufficient resources in the
administration of justice. Judges, prosecutors, police and prison officials are often not
well educated, overworked, underpaid and, therefore, corrupt.
254. Another important reason for the widespread use of torture, particularly
during the last decade, is the extraction of intelligence information in the context of
the global fight against terrorism and the deliberate undermining of the absolute
prohibition of torture, ill-treatment and the principle of anon-refoulement.
255. Although 146 States are parties to the UN Convention against Torture, most
Governments have failed to effectively implement its provisions. Despite the obligation
to criminalize torture and to prosecute perpetrators of torture under different types of
jurisdiction, only very few torturers have been brought to justice worldwide.
Impunity continues to be one of the main reasons for widespread torture. Despite the
obligation to provide victims of torture with an effective remedy and adequate
reparation for the harm suffered, only very few victims of torture are able to enjoy
this right in the country responsible for the infliction of torture. If they manage to
have access to medical, psychological and other forms of rehabilitation, this important
form of reparation is usually provided by private organisations in countries in which
torture victims are granted asylum. Despite the obligation to effectively investigate
every allegation or suspicion of torture and ill-treatment, almost no country has
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