A/71/298 A/HRC/13/39/Add.5). Under such circumstances, it is not uncommon for law enforcement officials to resort to torture or threats of torture to extract money from detainees or their relatives during investigations. 13. Mistreatment is also regularly employed as a means of punishment or reprisals, often owing to the institutional culture of States ’ law enforcement agencies. In such cases, torture is part of a cultivated culture of fear and used as an instrument of power to exert social control over particular groups or segments of the population. 14. Another recurrent problem is the frequent absence or denial of fundamental procedural safeguards designed to prevent torture and other ill -treatment during questioning. Although international law mandates fundamental safeguards designed to counter the risks of mistreatment in custody, 3 national legislation is often deficient. In cases in which procedural safeguards are enshrined in law, their effective implementation typically remains a major challenge. It is particularly concerning that legal loopholes are frequently exploited to circumvent the rights and safeguards of persons during questioning, giving rise to torture and ill -treatment. 15. The perpetuation of unlawful practices is exacerbated by an absence of determination and commitment to eradicate torture at all times and in all circumstances; a lack of adequate education and training for law enforcement, intelligence, military and medical personnel; deficient complaint, mon itoring and investigative mechanisms, and inadequate responses to allegations and complaints; interference with the ability of national monitoring bodies and civil society to gain access to detention places, document violations and represent victims of abu se; and cultures of impunity and pervasive failure to ensure accountability and provide adequate remedies. B. Arguments against the use of torture, ill-treatment and coercion during interviews 16. The absolute and non-derogable nature of the torture prohibition in international law reflects the exceptional gravity of the crime, which constitutes an immoral affront to human dignity that can never be justified. Torture dehumanizes and denies the inherent dignity of victims by treating their bodies and minds as means to achieving particular ends. It constitutes one of the most extreme forms of suffering that a person can inflict on another and often results in lifelong consequences for victims. 17. History and science offer no body of data on the strategi c effectiveness of harsh questioning techniques. 4 The popular belief that torture is an effective way of discovering the truth — or more effective than non-coercive interviewing methods — is perpetuated by misleading depictions in popular media. The use of torture and __________________ 3 4 16-13568 For example, the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), adopted by the General Assembly in its resolutio n 70/175; the Code of Conduct for Law Enforcement Officials, adopted by the Assembly in its resolution 34/169; and the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, approved by the Assembly in its resolut ion 43/173. See Darius Rejali, Torture and Democracy (Princeton, New Jersey, Princeton University Press, 2007). 5/25

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