CPT: 14TH GENERAL REPORT
7
PREFACE
The current climate of anxiety in the global arena
generated by the very real threat of terrorism makes it
difficult to maintain momentum for the protection of
human rights. At such times, there is a tendency to
allow security considerations to predominate over all
else. Voices have been raised, memoranda written, and
in some exalted and unexpected places, which appear
to manifest a willingness to undermine – if not directly
challenge – the absolute nature of the prohibition of
torture and inhuman or degrading treatment. There is
also a growing body of evidence that the methods of
detention and interrogation employed in various
locations, in the context of the fight against terrorism
and of military operations it has spawned, have on
occasion violated that prohibition. The treatment meted
out to some persons detained by Coalition forces in
Iraq, revealed in a graphic manner by material placed
in the public domain earlier this year, is but one
illustration.
States are not merely entitled, they are under the
obligation to take the measures needed to protect the
fundamental rights of everyone within their jurisdiction
against terrorist acts; this was emphatically reaffirmed
in the guidelines on human rights and the fight against
terrorism adopted by the Committee of Ministers of the
Council of Europe on 11 July 2002. However, as those
same guidelines also make clear, the fight against
terrorism must never be allowed to degenerate into acts
of torture or inhuman or degrading treatment. Such an
abandonment of universally recognised basic values
could only undermine the foundations of democratic
societies committed to the rule of law. To refrain from
resorting to such acts – and to take active steps to
stamp them out when they emerge – is one of the
hallmarks of a democratic State.
Any State that authorises or condones acts, by its
officials, which amount to either “torture” or “inhuman
or degrading treatment” diminishes its standing in the
eyes of the international community. The same can be
said of a State that makes use of statements which
officials of another country have obtained through
resort to such acts.
Constant vigilance will be required if the absolute
prohibition of torture and inhuman or degrading
treatment is to be upheld; this is true for every country
in every region, without exception. Those who wish to
ensure the effectiveness of that prohibition throughout
the world must lead this fight by example.