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 69

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