A/60/316
16. On 26 June 2005, on the occasion of the United Nations International Day in
Support of Victims of Torture, the Special Rapporteur, together with the Committee
against Torture, the Board of Trustees of the United Nations Voluntary Fund for
Victims of Torture and the High Commissioner for Human Rights, issued a joint
statement.
17. On 14 July 2005, the Special Rapporteur delivered the keynote address of the
Supplementary Human Dimension Meeting on Human Rights and the Fight against
Terrorism convened by the Organization for Security and Cooperation in Europe in
Vienna. In his statement he emphasized that attempts to circumvent the absolute and
non-derogable nature of the prohibition against torture, especially in the context of
counter-terrorism strategies, undermined the consensus on the primacy of human
rights and signified to terrorists that they had attained their goal of upsetting rules
established by States.
II. Corporal punishment
18. An issue that is of particular concern to the Special Rapporteur which he
would like to draw attention to is corporal punishment.1 Since assuming the
mandate, the Special Rapporteur has intervened by transmitting communications in
response to allegations in a number of countries involving corporal punishment,
such as amputation, stoning, strangulation, eye-gouging, flogging, and beating. In
view of such continuing practices — often grounded in justifications of domestic
law, including religious law (e.g. sharia), and argued that pain and suffering
incidental to lawfully sanctioned punishments fall outside the prohibition against
torture2 — the Special Rapporteur considers it necessary to review the relevant
jurisprudence of international and regional human rights mechanisms.
A.
United Nations human rights treaty bodies
19. Both the Human Rights Committee and the Committee against Torture have
called for the abolition of judicial corporal punishment.3 Indeed, in paragraph 5 of
general comment No. 20 (1992), the Human Rights Committee stated that the
prohibition of torture and ill-treatment under article 7 of the International Covenant
on Civil and Political Rights must extend to corporal punishment, including
excessive chastisement ordered as punishment for a crime or as an educative or
disciplinary measure.
20. The Human Rights Committee has developed this view through relevant case
law. In March 2000, in Osbourne v. Jamaica, in which the applicant had been
sentenced to receive 10 strokes of the tamarind switch, the Committee held,
“Irrespective of the nature of the crime that is to be punished, however brutal it may
be, it is the firm opinion of the Committee that corporal punishment constitutes
cruel, inhuman and degrading treatment or punishment contrary to article 7 of the
Covenant.”4 This case-law was later confirmed in Sooklal v. Trinidad and Tobago,5
Higginson v. Jamaica6 and in 2004 in Errol Pryce v. Jamaica.7
21. The Human Rights Committee, in its concluding observations on Iraq, held
that the imposition of cruel, inhuman and degrading punishments such as
amputation and branding were incompatible with article 7 of the Covenant, that the
6
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