UNSRT

COPCAT Shorts – Domestic Violence: A Veritable Scourge of Inhumanity

“Similar to war, domestic violence is a veritable “scourge” of inhumanity, traumatizing countless children, women and men on a daily basis, and brutalizing human society for generations to come. Contrary to war, however, domestic violence is still largely considered to be a “private matter”, a social taboo to be dealt with at the discretion of the perpetrator in the perceived legal “black hole” of the home. As long as a substantial part of the world’s population is oppressed, abused and even murdered with impunity by their own family members, the promises of the Universal Declaration of Human Rights and the Sustainable Development Goals will remain a far cry from reality. Consequently, though domestic violence may occur in the private sphere, it must be regarded as a global governance matter of inherently public concern.”

UN Special Rapporteur on torture, Domestic Violence and the Prohibition of Torture and Ill-Treatment, 5 April 2019.


Corruption and torture report
Nils Melzer, UN Special Rapporteur on torture, UN Human Rights Council 1 March 2017 (copyright UN Geneva/Jean-Marc Ferre).

The UN Special Rapporteur on torture, Nils Melzer, has opened up a thematic consultation on the phenomenon of domestic violence from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment.

In his upcoming report on this topic to the UN General Assembly, the Special Rapporteur aims:

(1) To apply the substantive elements of the definition of torture to a broad range of practices commonly understood to fall within the notion of domestic violence;

(2) To analyze the legal obligations arising for States under the prohibition of torture with respect to domestic violence;

(3) And to make recommendations with a view to improving the protection against torture in the context of domestic violence.

Canadian human rights actors can contribute to this crucial public consultation by answer three sets of questions. Please help to put domestic violence in Canada in the international spotlight by responding to the UN Special Rapporteur on torture’s open consultation.

The closing date for responses is 15 May 2019.


Read more about the UN Special Rapporteur’s consultation on domestic violence.

Read Professor Melzer’s recent report on combating corruption and torture.

Read his comments from October 2018 on the danger of backsliding on torture.

Posted by mp in Absolute prohibition of torture, UN Special Rapporteur on Torture, UNCAT

COPCAT Shorts – European Anti-Torture/Corruption Bodies Echo Concerns of UN Special Rapporteur

Torture and corruption are indeed concurrent consequences of the same original cause, namely the failure of the relevant governance system to prevent abuse by unchecked power.

It is therefore crucial that steps are taken to develop policies of zero tolerance, effective monitoring and robust accountability. Measures aimed at fostering a strong culture among public officials opposing corrupt practices should also be implemented.


Joint statement of the Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) and the Group of States against Corruption (GRECO) on the occasion of the 40th session of the United Nations Human Rights Council, 28 February 2019.


The CPT/GRECO underlined that they concurred with the opinion expressed by Professor Nils Melzer, United Nations Special Rapporteur on torture, who stated in his report to the Human Rights Council on 28 February 2019 that wherever torture and corrupt practices coexist, their relationship tends to be mutually reinforcing.


Corruption
Prison by a2zphoto (2010)

Read the full CPT-GRECO joint statement on torture and corruption in English or French.

Read Professor Nils Melzer’s report on torture and corruption and his emphasis on independent oversight of places of detention, including the OPCAT.

Watch the UN Special Rapporteur on torture’s presentation of his report at the 40th session of the UN Human Rights Council in Geneva on 28 February 2019 on demand on UN Web TV.

Posted by mp in Corruption, Oversight bodies, Torture prevention, UN Special Rapporteur on Torture

The Importance of Oversight in Combating Corruption and Torture

In his recently published 2019 report the Special Rapporteur on torture, Nils Melzer, examines the relationship between corruption and torture or ill-treatment, outlining the predominant patterns of interaction between the two phenomena as well as their systemic root causes.

The report, which is set to be discussed at the UN Human Rights Council in Geneva on 28 February 2019, offers a raft of recommendations aimed at strengthening the protection against torture and ill-treatment in contexts affected by corruption. 

The central role of external oversight in combating corruption and torture, as highlighted in the report, is anything but accidental. Sunlight – as the old adage goes – has long been known as the best disinfectant, and its important negating impact on the phenomena of corruption as well as torture holds equally true.

The Special Rapporteur on torture writes in the report:

When examining the correlation between corruption and torture or ill-treatment, it is of utmost importance to understand the predominantly structural and systemic nature of both forms of abuse. Contrary to common misperceptions, both corruption and torture or ill-treatment are rarely isolated in a few “bad apples” but, figuratively speaking, tend to extend to “rotten branches” or even “rotten orchards”.
 
For example, in the context of policing, the practice of corruption and of torture or ill-treatment typically goes beyond individual officers and extends to their units or even entire police departments, often 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. (§21).   

Corruption and torture report
Nils Melzer, UN Special Rapporteur on Torture, UN Human Rights Council 1 March 2017 (copyright UN Geneva/Jean-Marc Ferre).

The positively countering effect of oversight on corruption and torture is underscored in several key recommendations of the report. These include the following important points:

  • States should adopt and/or ratify, without reservations, the United Nations Convention Against Corruption, the Convention against Torture and its Optional Protocol and all other universal and regional treaties and soft law instruments relevant to the prevention of corruption and torture and ill-treatment respectively, and should ensure their comprehensive and effective implementation across national legal and institutional frameworks. (§69)
  • States should establish and maintain accessible, well-resourced and fully independent monitoring, oversight and accountability mechanisms for the prevention of corruption and of torture or ill-treatment including, but not limited to, those foreseen in articles 6 and 36 of the United Nations Convention against Corruption and articles 2 and 16 of the Convention against Torture in conjunction with article 3 of its Optional Protocol. (§72)
  • In addition to officially mandated mechanisms, States should provide a transparent and safe environment enabling and protecting the monitoring, reporting and advocacy activities of civil society organizations, human rights defenders and whistle-blowers and ensure their unhindered access to individual witnesses, victims or their relatives. (§72)
  • While maintaining comprehensive anti-corruption and anti-torture policies and practices, States, monitoring mechanisms and civil society stakeholders should focus their efforts specifically on contexts particularly prone to corruption and torture or ill-treatment… (§73).
  • United Nations agencies and mechanisms such as, most notably, UNODC, OHCHR, the Committee against Torture, the Subcommittee on Prevention of Torture and the United Nations Voluntary Fund for Victims of Torture, as well as the special procedures of the Human Rights Council, including the mandate of the Special Rapporteur, should systematically examine the interaction between corruption and human rights violations, including torture and ill-treatment, in their respective reporting…(§75).

The notable incidence of reference to the OPCAT system of torture prevention strongly suggests that its positive impact extends beyond the phenomena of torture and ill-treatment, addressing some of its wider pernicious societal root causes.


Professor Nils Melzer is scheduled to discuss his report on torture and corruption during an Interactive Dialogue at the 40th session of the UN Human Rights Council in Geneva on 28 February 2019. Watch the UN Special Rapporteur on torture’s Interactive Dialogue live on UN Web TV.

Read the report of the UN Special Rapporteur on corruption and torture in English.

See Nils Melzer’s statement to the UN General Assembly’s Third Committee from 15 October 2018.

Explore more of OHCHR’s work on corruption and human rights.

Posted by mp in Corruption, OPCAT, SPT, UN Special Rapporteur on Torture

COPCAT Shorts: Too Many States Failing OPCAT

Although over 60 NPMS have been established in countries around the world – a major success story – it remains the case that a significant number of OPCAT state parties have failed to do so … The obligation to establish an NPM is a central element of the OPCAT. We just do not understand why these states believe that they do not need to do so.

We will continue to do what we can, but at the end of the day a State either takes its international obligations in respect of torture prevention seriously, or it does not. Those states which have not established their NPM as they ought do not appear to the SPT to be taking their obligations very seriously at all.

Statement of Sir Malcolm Evans, Chairperson of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment to the UN General Assembly Third Committee, New York, 15 October 2018.

Read the full statement here.

Watch the joint press briefing by Malcolm Evans, Chair of Subcommittee on Prevention of Torture; Jens Modvig, Chair of Committee Against Torture; and Nils Melzer, Special Rapporteur on Torture from 16 October 2018.

States Failing OPCAT

Torture Prevention – Press Conference, 16 October 2018 (copyright UN Web TV).

Posted by mp in Monitoring tools, OPCAT, SPT

COPCAT Shorts: Risk of Backsliding on Torture

Today, not only is the world still plagued by torture, but we are at risk of backsliding on what I consider to be one of the most important achievements in human history: the universal recognition of the absolute, non-derogable and peremptory prohibition of torture and ill-treatment under the same compelling terms as the prohibitions of slavery and of genocide.

Today, all of us bear the historical responsibility to address these challenges and deliver on the promise made by the Universal Declaration of human dignity for all members of the human family, everywhere, at all times and in all circumstances.

Backsliding on torture, Nils Melzer

Nils Melzer, UN Special Rapporteur on Torture (copyright UN Photo / Jean-Marc Ferré).

Nils Melzer, United Nations Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment

Statement to the 73rd Session of the United Nations General Assembly Third Committee, New York, 15 October 2018.

Read the full statement here.

 

Posted by mp in Absolute prohibition of torture, UN Special Rapporteur