A/HRC/40/59
exacerbated by collusion at worst or acquiescence at best on the part of the judiciary and
open or implicit complacency on the part of policymakers. Overall, the resort by individual
officials to corruption or to torture and ill-treatment is more often the result of their
professional environment than of their personal character. 8
22.
As a general rule, therefore, while individual accountability is an indispensable
element of any serious fight against corruption or torture and ill-treatment, neither
phenomenon can be eradicated through criminal prosecution alone, as individualized
criminal justice cannot adequately address systemic and structural factors conducive to both
corruption and torture or ill-treatment (A/HRC/28/73, para. 25), and more comprehensive,
systemic measures are required in response. Recruitment practices, training, professional
culture, remuneration and conditions of work can, for example, play an important role in
increasing or mitigating the risk of both police brutality and corruption. 9
B.
General relationship between corruption and torture or ill-treatment
23.
When mapping out the interrelation between corruption and torture or ill-treatment,
it must first be acknowledged that, from a conceptual perspective, not every act of torture
and ill-treatment necessarily involves or relates to corruption, and not every act of
corruption necessarily involves or relates to torture or ill-treatment. While the present report
focuses exclusively on contexts, subcontexts and situational “niches” marked by some
degree of interaction between corruption and torture or ill-treatment, the absence of such a
link does not by any means diminish the inherent gravity of relevant infractions, nor does it
absolve States of their legal obligations to promptly and effectively prevent and redress
such abuse.
24.
In the broad range of contexts in which corruption and torture or ill-treatment
interact, the relationship between the two phenomena tends to be cyclical: each breeds and
exacerbates the other. Not only is corruption often deliberately employed to enable,
perpetuate and protect the practice of torture and ill-treatment, but torture and ill-treatment
also are often deliberately employed to enable, perpetuate and protect the practice of
corruption. For example, corruption within the judiciary has been found to gravely
undermine accountability for human rights violations, including torture or ill-treatment (e.g.
A/HRC/13/39, para. 71; and CCPR/C/TKM/CO/2, para. 31). At the same time, acts or
threats of torture and ill-treatment are also used to interfere with the judiciary, including
with regard to the investigation and adjudication of corruption. Although this mutually
reinforcing interaction between corruption and torture or ill-treatment represents a
generalized phenomenon, it is particularly prevalent and noxious in contexts of deprivation
of liberty and in environments marked by discrimination, socioeconomic marginalization or
other circumstances where individuals or communities are rendered vulnerable to abuse.
25.
When designing measures to eradicate a specific pattern of interaction between
corruption and torture or ill-treatment, it is key to understand the causal relations linking the
two phenomena in that particular context. On the more general level of systemic
governance, however, causal interactions between corruption and torture or ill-treatment
tend to remain fluid, turning the identification of a precise and fixed causal chain into an
exercise resembling the classic “chicken and egg” dilemma. From a systemic perspective,
corruption and torture or ill-treatment are better understood as two concurrent effects of the
same original cause, namely a failure of the surrounding governance system to prevent the
abuse of power through effective checks and balances. Thus, while preventive and
prosecutorial measures targeting corruption and torture or ill-treatment at the level of
individual officials, institutions and processes remain indispensable, there generally is no
realistic prospect for eradicating either phenomenon without effectively addressing the
8
9
Sanja Kutnjak Ivković, “Rotten apples, rotten branches, and rotten orchards: a cautionary tale of
police misconduct”, Criminology & Public Policy, vol. 8, No. 4 (November 2009), pp. 777–785, at p.
780.
United Nations Office on Drugs and Crime (UNODC), Handbook on Anti-Corruption Measures in
Prisons (Vienna, 2017), p. 11.
7