A/71/298
A/HRC/13/39/Add.5). Under such circumstances, it is not uncommon for law
enforcement officials to resort to torture or threats of torture to extract money from
detainees or their relatives during investigations.
13. Mistreatment is also regularly employed as a means of punishment or
reprisals, often owing to the institutional culture of States ’ law enforcement
agencies. In such cases, torture is part of a cultivated culture of fear and used as an
instrument of power to exert social control over particular groups or segments of the
population.
14. Another recurrent problem is the frequent absence or denial of fundamental
procedural safeguards designed to prevent torture and other ill -treatment during
questioning. Although international law mandates fundamental safeguards designed
to counter the risks of mistreatment in custody, 3 national legislation is often
deficient. In cases in which procedural safeguards are enshrined in law, their
effective implementation typically remains a major challenge. It is particularly
concerning that legal loopholes are frequently exploited to circumvent the rights and
safeguards of persons during questioning, giving rise to torture and ill -treatment.
15. The perpetuation of unlawful practices is exacerbated by an absence of
determination and commitment to eradicate torture at all times and in all
circumstances; a lack of adequate education and training for law enforcement,
intelligence, military and medical personnel; deficient complaint, mon itoring and
investigative mechanisms, and inadequate responses to allegations and complaints;
interference with the ability of national monitoring bodies and civil society to gain
access to detention places, document violations and represent victims of abu se; and
cultures of impunity and pervasive failure to ensure accountability and provide
adequate remedies.
B.
Arguments against the use of torture, ill-treatment and coercion
during interviews
16. The absolute and non-derogable nature of the torture prohibition in
international law reflects the exceptional gravity of the crime, which constitutes an
immoral affront to human dignity that can never be justified. Torture dehumanizes
and denies the inherent dignity of victims by treating their bodies and minds as
means to achieving particular ends. It constitutes one of the most extreme forms of
suffering that a person can inflict on another and often results in lifelong
consequences for victims.
17. History and science offer no body of data on the strategi c effectiveness of harsh
questioning techniques. 4 The popular belief that torture is an effective way of
discovering the truth — or more effective than non-coercive interviewing methods —
is perpetuated by misleading depictions in popular media. The use of torture and
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3
4
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For example, the United Nations Standard Minimum Rules for the Treatment of Prisoners (the
Nelson Mandela Rules), adopted by the General Assembly in its resolutio n 70/175; the Code of
Conduct for Law Enforcement Officials, adopted by the Assembly in its resolution 34/169; and
the Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment, approved by the Assembly in its resolut ion 43/173.
See Darius Rejali, Torture and Democracy (Princeton, New Jersey, Princeton University Press,
2007).
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