A/62/221
Higgins, the President and the Prosecutor of the International Criminal Tribunal for
the Former Yugoslavia, Fausto Pocar and Carla Del Ponte, and with the Prosecutor
of the International Criminal Court, Luis Moreno-Ocampo, to discuss issues of
common concern.
40. On 20 June 2007, he met with staff of the Division of International Protection
Services, Office of the United Nations High Commissioner for Refugees, in Geneva
to discuss areas of cooperation and common concern.
41. With reference to General Assembly resolution 61/153, in which the Assembly
stressed the need for the pursuance of cooperation with relevant United Nations
programmes, notably the United Nations Crime Prevention and Criminal Justice
Programme, with a view to enhancing further their effectiveness and cooperation on
issues relating to torture, on 29 June 2007, consultations were held with relevant
departments of the United Nations Office on Drugs and Crime (UNODC) in Vienna.
III. The role of forensic expertise in combating impunity
for torture
42. The Special Rapporteur has carried out fact-finding missions to eight countries
since assuming the mandate in December 2004: Georgia, Mongolia, Nepal, China,
Jordan, Paraguay, Nigeria and Togo. The common finding that emerged from each
visit is the lack of accountability of perpetrators of torture, despite the fact that all
eight are States parties to the Convention against Torture, which imposes a binding
obligation to fight impunity. States are obliged to criminalize torture, as defined in
article 1, by creating one or more specific offences in their domestic criminal codes
punishable “by appropriate penalties which take into account their grave nature”
(art. 4).
43. Although these States have a crime of torture in their domestic legislation, it is
often poorly defined i.e. not in accordance with article 1, and even with ex officio
powers of investigation authorities are reluctant to carry out criminal investigations
into torture allegations; there is little, if any, evidence that any police official has
been convicted of this offence. Instead, examples have been provided to the Special
Rapporteur of administrative or disciplinary sanctions against errant officers. This is
a strong indication of the unwillingness of States to fight impunity in accordance
with the Convention.
44. The Special Rapporteur recalls the updated Set of Principles for the protection
and promotion of human rights through action to combat impunity
(E/CN.4/2005/102/Add.7). 1 According to principle 1 on the general obligations of
States to take effective action to combat impunity:
“Impunity arises from a failure by States to meet their obligations to
investigate violations; to take appropriate measures in respect of the
perpetrators, particularly in the area of justice, by ensuring that those
suspected of criminal responsibility are prosecuted, tried and duly punished; to
provide victims with effective remedies and to ensure that they receive
__________________
1
8
The updated Set of Principles was endorsed by the Commission on Human Rights in its
resolution 2005/81. See Official Records of the Economic and Social Council, 2005, Supplement
No. 3 (E/2005/23), chap. II, sect. A.
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