INTRODUCTION
1. On 28 January 2021, the World Organisation Against Torture (OMCT) organised a two-hour virtual
Thematic Briefing with the UN Committee Against Torture (hereinafter referred to as the Committee)
on extra-custodial use of force through the lens of the absolute prohibition of torture and other cruel,
inhuman or degrading treatment or punishment (CIDTP). The Briefing, conducted in a panel-dialogue
style under the Chatham House Rule, provided a space for discussion among Committee members,
representatives of international human rights bodies and courts, lawyers, academics and civil society
representatives. There were two panels, each with four presenters introducing the following two
themes: “The international normative framework and jurisprudence on extra-custodial use of force:
What are the challenges and recent developments?” and “Tackling excessive use of force, discrimination
and securitization: identifying best practices”. Moreover, two country cases were presented on: “the role
and achievements of civil society organisations in the monitoring and protection from law enforcement
abuses in Colombia” and “the importance of police reforms and independent investigative bodies in
Nigeria” (see Agenda). A concept note was provided to inform the discussion.
2. Events in recent years have shown, more than ever, that torture is not just inflicted behind walls but in
bright daylight. The world is witnessing, from Chile to Hongkong to Belarus, violent repression of protest
movements by law enforcement officials1 in contravention of the absolute prohibition of torture and
other ill-treatment. Repressive policing practices go hand in hand with an increasing diversity of crowd
control weapons, including in some instances former military grade weaponry 2, resulting in severe
health consequences. In parallel, civilian police forces around the globe have been on a worrisome
militarization trend.
3. In the current Covid-19 context, the enforcement of health-related measures has further exacerbated
the violence by law-enforcement officials to alarming levels. Situations of land disputes and forced
evictions3 as well as irregular migration and border control contexts are among other extra-custodial
settings where abuse of the use of force frequently takes place. Widespread discrimination against people
1. “ The term `law enforcement officials´ includes all officers of the law, whether appointed or elected, who exercise police powers,
especially the powers of arrest or detention. In countries where police powers are exercised by military authorities, whether uniformed
or not, or by State security forces, the definition of law enforcement officials shall be regarded as including officers of such services.”
(UN General Assembly, Code of conduct for law enforcement officials (A/RES/34/169), 5 February 1980, art. 1).
2. OSCE/ODIHR and Venice Commission, Guidelines on Freedom of Peaceful Assembly (3rd Edition), 2019, para. 213.
3. “ The term `Forced evictions` […] is defined as the permanent or temporary removal against their will of individuals, families and/or
communities from the homes and/or land which they occupy, without the provision of, and access to, appropriate forms of legal or
other protection. The prohibition on forced evictions does not, however, apply to evictions carried out by force in accordance with the
law and in conformity with the provisions of the International Covenants on Human Rights.” (UN Committee on Economic, Social and
Cultural Rights (CESCR), General Comment No. 7: The right to adequate housing (Art.11.1): forced evictions (E/1998/22), 20 May 1997, para. 3.
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