A/73/207
society organizations and human rights defenders contributes decisively to protecting
human rights and, specifically, preventing torture and ill -treatment.
37. In many States, the broader human rights environment is inadequate or lacking
in resources and support. In some cases, it has recently even come under threat
through increasingly repressive policies and practices. In many parts of the world,
human rights defenders face harassment, persecution and threats to their physical or
mental integrity or livelihood by State and non-State actors. That situation is often
not only tolerated but instigated or maintained as a matter of official State policy
(A/70/217, paras. 35–77).
(d)
Political will
38. Perhaps the most important barrier to the effective national implementation of
the prohibition of torture and ill-treatment is the absence of the political will needed
to shape government policy and change institutional cultures and processes with a
view to making the prohibition a reality. Even the most exemplary national framework
will remain ineffective if resources and support for it are lacking.
39. A genuine national commitment to eradicating torture and ill -treatment is
incompatible with tolerance for corruption, organized crime and similar structural
factors that create fertile ground for such abuse (CAT/C/52/2, paras. 72–100, and
A/HRC/37/L.32). Indeed, a significant proportion of allegations of torture and illtreatment received by the Special Rapporteur during country visits relate to abuse
inflicted for the purpose of covering up crimes or boosting conviction statistics by
coercing innocent persons to confess to offences they did not commit, or for the
purpose of punishing or intimidating persons complaining about corruption schemes
that lead to cruel, inhuman or degrading living conditions and treatment in places of
detention or marginalized communities. Corruption further de cisively affects the
willingness of authorities to investigate and adjudicate allegations of torture and ill treatment, or to provide for compensation and rehabilitation. The violent
consequences of corruption are exacerbated where State officials collude with
organized crime in contexts such as the trafficking or smuggling of persons, human
organs, narcotics and other contraband.
40. High-level, official policies may, deliberately or inadvertently, create an
environment conducive to the practice of torture and ill-treatment. That certainly is
the case where violent political rhetoric directly encourages the use of coercive
interrogation against suspected terrorists and other “enemies” of the State. In many
States, tough policies on common criminality entail an overuse of incarceration that,
in turn, leads to cruel, inhuman or degrading conditions of detention: overcrowded
prisons lacking in funding and personnel and with high levels of violence perpetrated
by prison staff and between inmates. Similarly, the widespread overuse of solitary
confinement may in itself amount to a form of torture or ill -treatment and also
increases the risk of additional abuse and the likelihood that violations will go
unchallenged.
41. Lastly, an area in which national and transnational policies and practices have
had substantial regressive implications for the prohibition of torture and ill -treatment
is irregular migration. 14 Widespread deterrence-based, punitive and discriminatory
policies undermine the prohibition of refoulement and push increasing numbers of
migrants on to irregular routes and into the hands of smugglers and traffickers.
Mandatory, prolonged or indefinite criminal or administrative detention, often in
__________________
14
18-12051
The term “irregular migrants” is used to refer to migrants failing to comply with the regular
domestic immigration legislation of their current transit or destination State.
11/23
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