A/74/148
recording and responding effectively to complaints of torture or ill -treatment,
including domestic violence and to establish services and instit utions capable of
initiating and implementing protective measures in a prompt and effective manner. 27
(c) Investigative and procedural duties. Investigative and procedural duties
require an investigation into all credible allegations or suspicions of tort ure or illtreatment, which must be independent and impartial, effective, prompt, expeditious,
sufficiently open to public scrutiny, capable of identifying those responsible and
holding them to account; and which involves the victims or their next -of-kin to the
extent necessary to safeguard their legitimate interests in the proceedings. The duty
to investigate credible allegations of domestic violence can be intrinsically linked to
the operational duty in respect of an ongoing situation, and an investigatio n may
trigger duties to take specific measures for the protection of (potential) victims who
are at risk from private perpetrators. 28
(d) Redress, reparation and non-recurrence. States must secure avenues
towards redress and reparation for all victims of torture or other ill-treatment,
including victims of domestic violence, and take concrete measures to ensure
non-recurrence (A/HRC/14/22, paras. 62–64).
III. Applying the substantive definition of torture and
ill-treatment to predominant patterns of domestic violence
24. The present section applies the substantive aspect of the definitions of torture
and ill-treatment to concrete manifestations of domestic violence, without prejudice
to the question of State responsibility and of individual criminal culpability, both of
which need to be separately assessed. Given the virtually unlimited forms that
domestic violence can take, and given that some of the described practices can also
manifest in contexts other than domestic violence, the following examples are not
comprehensive or exclusive, but instead focus on patterns of domestic violence that
are highly prevalent throughout the world.
A.
Killings
25. Approximately one in five homicides globally is perpetrated by an intimate
partner or family member (64 per cent female and 36 per cent male victims), and at
least one in seven exclusively by an intimate partner (82 per cent female and 18 per
cent male victims). 29 The staggering numbers of women killed by an intimate partner
recently led to a call by numerous international human rights mechanisms for
measures to end what can only be described as a “global epidemic of femicide”. 30 In
practice, those killings are commonly the culmination of a history of dome stic
violence. Likewise, children face the highest risk of homicide by parents and someone
they know. 31
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27
28
29
30
31
10/23
See, for example, Opuz v. Turkey. See also REDRESS and Amnesty International, Gender and
Torture (2011), pp. 15–17.
See D. v. Commissioner of Police of the Metropolis (Liberty and others intervening);
V. v. Commissioner of Police of the Metropolis (Liberty and others intervening), Supreme Court
of the United Kingdom of Great Britain and Northern Ireland (2018), UKSC 11.
United Nations Office on Drugs and Crime, Global Study on Homicide: Gender-related Killing
of Women and Girls (2018), p. 11; Heidi Stöckl et al, “The global prevalence of intimate partner
homicide: a systematic review”, The Lancet, vol. 382 (September (2013) pp. 859–865.
www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=23921&LangID=E .
Heidi Stöckl et al, “Child homicide perpetrators worldwide: a systematic review”, in British
Medical Journal Paediatrics Open, vol. 1, iss. 1 (2017).
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