E/CN.4/1988/17/Add.1
page 6
19. The Special Rapporteur was told that one of the reasons why during the
military dictatorship the civilian judges were often powerless to defend the
human rights of citizens was that "crimes" that were considered to be
connected with internal security were brought under the jurisdiction of the
military tribunals.
20. After the return to democracy and the re-enactment of the Constitution,
the Supreme Court restored the old rule according to which all offences
mentioned in the common Penal Code are brought to the civil courts,
irrespective of whether they are committed by civilians or the military,
whereas the competence of the military courts is confined to typically
military offences.
Concluding remarks
21. The visits paid to Colombia, Argentina and Uruguay have greatly expanded
the Special Rapporteur's insight into the roots and causes of torture. Both
in Uruguay and in Argentina, he was told that the widespread practice of
torture during the military regime was facilitated by the already existing
tradition of brutal treatment of detainees by the police; the important role
of confession in criminal procedure had been instrumental in this tradition.
In both countries it was stressed that the use of torture as a means of
extortion and terror was passed from the police to the military not the other
way round as is sometimes believed.
22. Common criminal procedures and the means by which evidence is collected
therefore deserve much more attention than they usually get. Torture is very
often seen mainly in the context of political controversies as a means of
suppressing political opponents - and correctly so. But this focus on
situations of political strife may lead us to close our eyes to the fact that
the seeds of the use of torture for this particular end are often sown
elsewhere and that, therefore, practical measures to prevent torture should
also be taken elsewhere.
23. Another element which seems to be extremely relevant is that, although
mentality training is undoubtedly very important, it is clearly not
sufficient. The existence of technical expertise and technical equipment is
also of vital significance. It is noteworthy that in two of the three
countries visited members of the Government made an explicit appeal for
assistance by the international community. In the whole concept of
international co-operation economic and social development until now have
played a preponderant role. This is logical and to the point since in large
areas of the world economic and social human rights cannot be guaranteed
without the combined efforts of the international community as a whole. The
international community has been much less aware that the realization of
political and civil rights may also be dependent upon international
co-operation. This may be partly due to the fact that political and civil
rights are usually seen as obligations for the State to abstain from
interfering in the private sphere of the individual. However, for the full
enjoyment of those rights, a certain infrastructure is essential. Up till
now, hardly any funds have been set aside to comply with requests for
assistance in this field. The programme of advisory services of the Centre
for Human Rights - useful as it may be, in particular for the near future will clearly be insufficient if awareness of the possibilities of
international co-operation and assistance for the realization of civil and
political human rights increases. The Special Rapporteur is of the opinion