CAT/C/52/2
undermines good governance, fairness and social justice, distorts competition, hinders
economic development and endangers the stability of democratic institutions and the moral
foundations of society”.12 Conversely, but related to this, in its preamble, the French
Declaration of Human and Citizen’s Rights of 1789 states that ignorance, neglect and
contempt for human rights are the only causes of public misfortune and the corruption of
governments. There is thus a strong and recognized link between human rights abuses
generally, and corruption; corruption leads to human rights abuses, while disregard for
human rights breeds corruption. The problem is self-perpetuating and in order to prevent
human rights abuses, including torture and ill-treatment, human rights and democratic
principles must be taken seriously by the State and measures must be taken towards
eradicating corruption.
77.
Critically, and without exception, “the prevention and eradication of corruption is a
responsibility of all States”.13 The United Nations Convention against Corruption and other
related conventions provide a solid basis for States to prevent and eradicate corruption,
stating that it is incumbent on States to ensure that they take steps to criminalize and
prosecute cases of corruption. States must also act preventively, ensuring that there is
transparency and accountability. In order to eradicate corruption, States should also
cooperate with international partners and other States.
78.
Examining the causes of corruption and the means to address them, the United
Nations human rights treaty bodies and special procedures have often concluded that States
cannot comply with their human rights obligations in situations where corruption is
widespread. However, the extent to which acts of corruption directly violate human rights,
or lead to violations, is rarely explained or defined in precise terms.
79.
Within the broader framework of human rights protections and corruption, the scope
of the present report is limited to the connection between petty corruption and torture and
other ill-treatment, based on the experiences of the Subcommittee when undertaking its
country visits.
D.
Correlation between corruption and torture and ill-treatment
80.
Corruption violates the rights of all those affected by it, but it has a disproportionate
impact on people belonging to groups exposed to particular risks, such as minorities,
indigenous peoples, migrant workers, people with disabilities, those with HIV/AIDS,
refugees, prisoners, women, children and those living in poverty. In the exercise of its
mandate to prevent torture and other ill-treatment, the Subcommittee has observed that,
while all detainees are in a position of vulnerability, those in police cells awaiting
questioning and those in pretrial custody or immigration detention are particularly
vulnerable. Similarly, migrant workers who lack a residence permit may also fall victim to
corrupt officials who, knowing the workers are unable to lodge complaints, seek to extort
money from them using the threat of violence and deportation. Their vulnerability is
heightened further if they are unable to retain the services of a counsel or benefit from legal
aid. Access to a lawyer has been shown to be a valuable protection against corrupt officials
as well as a preventive safeguard against torture and other ill-treatment.
81.
Those who commit corrupt acts will attempt to protect themselves from detection
and to maintain their positions of power. In doing so, they are likely to further oppress
12
13
Criminal Law Convention on Corruption, Council of Europe, preamble.
United Nations Convention against Corruption, preamble.
17
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