A/56/156
exceptions to the general norm of opacity, merely the
occasional ray of light piercing the pervasive darkness.
What is needed is to replace the paradigm of opacity by
one of transparency. The assumption should be one of
open access to all places of deprivation of liberty. Of
course, there will have to be regulations to safeguard
the security of the institution and individuals within it,
and measures to safeguard their privacy and dignity.
But those regulations and measures will be the
exception, having to be justified as such; the rule will
be openness.
36. This proposed reversal of our conceptions is, of
course, motivated by a desire to prevent human rights
violations within the Special Rapporteur’s mandate,
and the Special Rapporteur expects that it will give rise
to doubts and misgivings, especially among law
enforcement and penitentiary authorities. It is his
belief, however, that the approach he is proposing
could also be of great value precisely to such
authorities. In the first place it would help some
authorities develop a constituency to support the
granting of needed budgetary resources, frequently
wholly inadequate because of the low political priority
for the area. The same constituency could help resist
the usually counter-productive demand to put more and
more people into the human equivalent of dust bins,
their custodians being reduced to the status of
guardians of human rubbish dumps. It could draw
attention to the often parlous conditions of work,
residence and sustenance of police and prison
personnel, which in turn could contribute to their being
trained, paid and valued to act as professionals.
Organizations of civil society could also help in the
provision of resources, for example, by way of food,
goods, medication, legal advice, education and so on.
Further, all of this would make false accusations of
abuse — always difficult to refute — much harder to
sustain.
37. The kinds of access implicit in this conception are
not in themselves novel. The Special Rapporteur has
encountered different manifestations of it in all parts of
the world, but usually on an ad hoc or localized basis in
some prisons or police stations. They are generally the
exception, not the rule. The Special Rapporteur notes
also that architecture will have an important role to
play.
38. Accordingly, while urging serious national and
international attention to the need to overcome
impunity by ensuring individual accountability, the
10
Special Rapporteur also recommends measures of
transparency that could go far to preventing torture and
ill-treatment in the first place.
F. Recommendations
39. In his last report to the Commission on Human
Rights (E/CN.4/2001/66) the Special Rapporteur
revised the recommendations that he had compiled in
1994
(E/CN.4/1995/34)
into
one
global
recommendation — an end to de facto or de jure
impunity. He would like to encourage States to reflect
upon them as a useful tool in efforts to combat torture.
A further revised version of the recommendations
follows:
(a) Countries that are not party to the
Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment or the
International Covenant on Civil and Political Rights
should sign and ratify or accede to these Conventions.
Torture should be designated and defined as a specific
crime of the utmost gravity in national legislation. In
countries where the law does not give the authorities
jurisdiction to prosecute and punish torture, wherever
the crime has been committed and whatever the
nationality of the perpetrator or victim (universal
jurisdiction), the enactment of such legislation should
be made a priority;
(b) Countries should sign and ratify or accede
to the Rome Statute of the International Criminal Court
with a view to bringing to justice perpetrators of torture
in the context of genocide, crimes against humanity
and war crimes and at the same time ensure that their
national courts also have jurisdiction over these crimes
on the basis of universal jurisdiction;
(c) The highest authorities should publicly
condemn torture in all its forms whenever it occurs.
The highest authorities, in particular those responsible
for law enforcement activities, should make public the
fact that those in charge of places of detention at the
time abuses are perpetrated will be held personally
responsible for the abuses. In order to give effect to
these recommendations, the authorities should, in
particular, make unannounced visits to police stations,
pre-trial detention facilities and penitentiaries known
for the prevalence of such treatment. Public campaigns
aimed at informing the civilian population at large of
their rights with respect to arrest and detention, in
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