A/59/324
Report of the Special Rapporteur on torture and other
cruel, inhuman or degrading treatment or punishment
Summary
In the present report, submitted pursuant to General Assembly resolution
58/164 and Commission on Human Rights resolution 2004/41, the Special
Rapporteur refers to his main report to the Commission at its sixtieth session and its
three addenda (E/CN.4/2004/56 and Add.1-3) and to the activities he has been
carrying out since their submission. He also addresses issues of special concern to
him, in particular overall trends and developments with respect to questions falling
within his mandate.
The Special Rapporteur, as a follow-up to reports submitted to the Assembly at
previous sessions on the issue of the prohibition of torture and other forms of cruel,
inhuman, or degrading treatment or punishment in the context of anti-terrorism
measures, first draws attention to attempts to circumvent the absolute and
non-derogable nature of the prohibition. He then discusses the principle of
non-refoulement, recalling the jurisprudence underlying the principle and noting the
increase in practices that undermine it. Lastly, the Special Rapporteur draws
attention to the most common consequences faced by victims of torture. In addition
to the physical and psychological damage caused to the victims, the consequences of
torture affect victims’ families and the community at large. A holistic understanding
of the impact of torture on its victims is thus necessary to develop adequate
assistance.
Contents
2
Paragraphs
Page
I.
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1–12
3
II.
The absolute and non-derogable prohibition of torture and other forms of cruel,
inhuman or degrading treatment or punishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13–24
5
III.
The principle of non-refoulement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
25–42
8
IV.
The impact of torture on victims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
43–60
12