Module 1: International Legal Standards (Overview)

Article 9 (3) of the ICCPR states that: ‘Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release.’ The Human Rights Committee has stated that the right to challenge the legality of detention applies to all persons deprived of their liberty and not just to those suspected of committing a criminal offence.

Article 9 (3) of the ICCPR states that: ‘Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within … Continue reading →

Amnesty International documented cases of torture and other cruel, inhuman or degrading treatment in 81 countries in 2007.^[1] Some studies indicate that between 5 and 35% of the world’s refugees have been estimated to have experienced torture.^[2] In 2007, there were 15.9 million refugees around the world and an estimated 26 million people displaced internally by conflict.^[3] This suggests that the number of torture survivors in the world today may range from 2 to 15 million. These estimates do not include those affected by war or other human rights violations.

Among foreign-born patients presenting to an urban primary care center in the United States, approximately 1 in 9 met the definition established by the UN Convention Against Torture. As survivors of torture, these patients may have significant psychological and physical sequelae. This statistic underscores the necessity for primary care physicians to screen for a torture history among foreign-born patients and to effectively address their problems.^[4]

^[1] Amnesty International Annual Report 2008: The State of the World’s Human Rights. Available at: http://thereport.amnesty.org/eng/facts-and-figures [1]

^[2] Baker R: Psychosocial consequences for tortured refugees seeking asylum and refugee status in Europe, chap 5, In Basoglu M (Ed): Torture and Its Consequences: Current Treatment Approaches. New York, NY, Cambridge University Press, 1992.

^[3] Refugees International. Helpful Facts and Figures. Available at: http://www.refugeesinternational.org/get-involved/helpful-facts-%2526-figures [2]

^[4] Crosby SS, Marie Norredam M, Paasche-Orlow MK, Piwowarczyk L, Heeren T, and Michael A Grodin MA. Prevalence of Torture Survivors Among Foreign-Born Patients Presenting to an Urban Ambulatory Care Practic. J Gen Intern Med. 2006 July; 21(7): 764–768.

Amnesty International documented cases of torture and other cruel, inhuman or degrading treatment in 81 countries in 2007.[1] Some studies indicate that between 5 and 35% of the world’s refugees have been estimated to have experienced torture.[2] In 2007, there … Continue reading →

Torture practises vary, to some extent, in different regions of the world, as do national legal standards, and the extent of human rights monitoring and documentation of such practises. A systematic, country-specific review of legal standards and torture practises is beyond the scope of this Curriculum. The editors of the Model Curriculum advise instructors and students to research and include relevant country-specific materials for effective national adaptation of the modules contained in this curriculum.

The Prevention through Documentation Project has included 10 target countries (Georgia, Mexico, Morocco, Sri Lanka Uganda, Ecuador, Egypt, Kenya, the Philippines, and Serbia). Country assessment reports by the IRCT are availabe (see: http://www.irct.org/Target-countries-2709.aspx [6]) and may serve as a model for national adaptation efforts. A series of national adaptation resources have been developed to relate generic, international materials to local settings (see: http://www.irct.org/Purpose—principles-2715.aspx [7] or contact the IRCT for additional information).

The following additional resources may be helpful in researching relevant country conditions:

Human Rights Reports

• United Nations Office of the High Commissioner for Human Rights: http://www.ohchr.org/EN/Pages/WelcomePage.aspx [5]
• United Nations Special Rapporteur on Torture: http://www2.ohchr.org/english/issues/torture/rapporteur [4]
• The Council of Europe’s Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT): http://cpt.coe.int/en [1]
• Universtiy of Minnesota Human Rights Library, Resources for Researching Country Conditions: http://www1.umn.edu/humanrts/research [2]
• The Country Reports on Human Rights Practises: http://www.state.gov/g/drl/rls/hrrpt [3]
• Amnesty International: http://www.amnesty.org [8]
• Human Rights Watch: http://www.hrw.org [9]
• International Federation of Red Cross and Red Crescent Societies: http://www.ifrc.org [14]
• International Rehabilitation Council for Torture Victims: http://www.irct.org [15]
• Physicians for Human Rights: http://physiciansforhumanrights.org [13]
• Médicins du Monde: http://www.medecinsdumonde.org [12]
• United Nations: http://www.un.org [10]

Treatment Centers for Survivors of Torture

• IRCT Members, available at: http://www.irct.org/Find-IRCT-members-33.aspx [11]
• Amnesty International services for people who have suffered human rights violations, available at: http://www.amnesty.org/en/health-and-human-rights/research/links [16]

Torture practises vary, to some extent, in different regions of the world, as do national legal standards, and the extent of human rights monitoring and documentation of such practises. A systematic, country-specific review of legal standards and torture practises is … Continue reading →

All detained people have the right to equal treatment without discrimination on the grounds of race, colour, sex, sexual orientation, language, religion, political or other opinion, national or social origin, property, birth or other status. Particular allowances should, however, be made for the rights and needs of special categories of detainees including women, juveniles, elderly people, foreigners, ethnic minorities, people with different sexual orientation, people who are sick, people with mental health problems or learning disabilities, and other groups or individuals who may be particularly vulnerable during detention. Some groups may be targeted for discriminatory abuse by the staff of the institution where they are detained. They may also be vulnerable to abuse from other detainees.

Women in detention

The Human Rights Committee has expressed concern at the practise of allowing male prison officers access to women’s detention centres, which has led to serious allegations of sexual abuse of women and the invasion of their privacy.^[1] It has also stated that female staff should be present during the interrogation of female detainees and prisoners and should be solely responsible for conducting body searches.^[2]

The Standard Minimum Rules for the Treatment of Prisoners state that women in custody should be supervised by female members of staff.^[3] They should also either be held in separate institutions, or segregated within an institution, under the authority of female staff. No male staff should enter the part of the institution set apart for women unaccompanied by a female member of staff.^[4] In institutions where women are held in custody, facilities for pre-natal and post-natal care and treatment must be provided.^[5] Whenever possible, arrangements should be made for children to be born in a hospital outside the institution.^[6] The UN Special Rapporteur on Torture has recommended that states should provide gender-sensitive training for judicial and law enforcement officers and other public officials.^[7]

Juvenile detainees

Some specific obligations with respect to the use of pre-trial detention in cases involving children are found in the Convention on the Rights of the Child. The Convention applies to children up to the age of 18, who would normally be regarded as juveniles within most criminal justice systems. Article 37 emphasises that the detention of children – pre-trial or any other form – should be a measure of last resort and used for the shortest appropriate period of time. It requires due account to be taken of the needs of children who are deprived of their liberty and that they should be kept separately from adults unless it is considered in their best interest not to do so. Article 39 obliges states, inter alia, to promote physical and psychological recovery and social reintegration of a child victim of torture or any other form of cruel, inhuman or degrading treatment or punishment as well as any form of neglect, exploitation, or abuse.

People with mental health problems

The Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Health Care state that: ‘All persons with a mental illness, or who are being treated as such persons, shall be treated with humanity and respect for the inherent dignity of the human person.’^[8] ‘All persons with a mental illness, or who are being treated as such persons, have the right to protection from economic, sexual and other forms of exploitation, physical or other abuse and degrading treatment.’^[9]

The Standard Minimum Rules for the Treatment of Prisoners also state that people with mental health problems shall not be detained in prisons and ‘shall be observed and treated in specialized institutions under medical management.’^[10]

^[1] Observations of the Human Rights Committee: USA, UN Doc. CCPR/C/79/Add.50, 7 April 1995, para.20.

^[2] Human Rights Committee, General Comment 16, (Twenty-third session, 1988), Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, U.N. Doc. HRI\GEN\1\Rev.1 at 21 (1994), para. 8.

^[3] Standard Minimum Rules 8(a) and 53.

^[4] Ibid.

^[5] Rule 23.

^[6] Ibid.

^[7] Report of the UN Special Rapporteur on Torture, UN Doc. E/CN.4/1995/34, p. 8.

^[8] Principle 2.

^[9] Principle 3.

^[10] Standard Minimum Rules para. 82.

All detained people have the right to equal treatment without discrimination on the grounds of race, colour, sex, sexual orientation, language, religion, political or other opinion, national or social origin, property, birth or other status. Particular allowances should, however, be … Continue reading →

Torture and other forms of ill-treatment may take place in virtually any location. People are particularly at risk when they are deprived of their liberty, held in pre-trial detention, before the person has access to a lawyer or court. People being held in incommunicado detention — without access to anyone in the outside world — are particularly vulnerable.

In some countries, torture is commonplace. Certain times and situations could, however, be considered as high-risk circumstances. These include conflict zones, and situations of political unrest or general violce.

Allegations of torture can come from a variety of sources and at different time. The primary source of information is clearly from the individuals themselves, and this could happen while invustody, immediately after release, or at a later date. The families of survivors are another extremely important source of information as the survivors of torture themselves may be unable, or unwilling, to speak out. In any of the descriptions below, the role of families should also be kept in mind. Information can also come from other sources, such as the media and the work of non-governmental organizations.

Health professionals may find themselves being called upon to assist with an investigation in addition to providing medical treatment. Documentation may range from clear, comprehensive notes that may be summarized later, to a full medico-legal report. Sometimes useful evidence can be gained from analyzing clinical data on survivors of torture and presenting them in a way that does not permit individuals to be identified.

Detainees are probably the segment of the population most likely to suffer torture and other ill-treatment since this kind of abuse is usually inflicted while an indivudial is in some form of custody. The greatest risk of torture and other forms of ill-treatment to individuals is in the first phase of arrest and detention, before they have access to a lawyer or court. Furthermore, incommunicado detention, which prohibits access to anyone such as their lawyer or family, is probably the single highest risk factor for torture since there is not external monitoring of the detention and interrogation process.

It should also be remembered that while torture per se is less common once a person is on remand or sentenced and in prison, deliberately poor conditions of detention, certain treatment or punishments inflicted by staff, or a failure to protect individuals from other prisoners, may also amount to forms of ill-treatment or, in some cases, torture.

Torture and other forms of ill-treatment may take place in virtually any location. People are particularly at risk when they are deprived of their liberty, held in pre-trial detention, before the person has access to a lawyer or court. People … Continue reading →

Torture can occur anywhere but usually occurs during the initial phase of arrest and detention, thus often in the hands of police, gendarmerie, military or other security agencies and may be in official places of detention such as police stations, or in unofficial (or ‘secret’) locations. The fact that torture may not just be confined to places of detention is recognized in the Statute of the International Criminal Court, which states that it may occur when a person is “in the custody or control” or a party. Torture and other forms of cruel, inhuman and degrading treatment or punishment can also occur in the hands of opposition forces and informal militias. There is a duty on the state to protect people from these groups and to investigate and punish as necessary.

Torture is not just limited to what happens in the interrogation room, but may also relate to specific elements of the conditions of detention which are constructed to deliberately aggravate mental and physical suffering. Often the generally harsh conditions of detention (including inadequate or insufficient food, hygiene, personal cleanliness, access to toilets, and access to medical care) are aimed at exerting further pressure on individuals and contribute to and form part of ill-treatment that may in some cases constitute torture.

Torture can occur anywhere but usually occurs during the initial phase of arrest and detention, thus often in the hands of police, gendarmerie, military or other security agencies and may be in official places of detention such as police stations, … Continue reading →

The prohibition of torture is not limited to a negative obligation to refrain from causing suffering, but also contains wider obligations including the obligation to investigate allegations and bring the perpetrators to justice. The UN Convention Against Torture (UNCAT) states clearly in article 12: “Each State Party shall ensure that its competent authorities proceed to a prompt and impartial investigation, wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction.” The next article adds an obligation to ensure that individuals have the possibility to lodge a complaint, and that this complaint be investigated.

The European Court of Human Rights (ECtHR) has noted that without such a duty to investigate, “the general legal prohibition of torture and inhumanand degrading treatment and punishment, despite its fundamental importance, would be ineffective in practice and it would be possiblein some cases for agents of the state to abuse the rights of those within their control with virtual impunity.” The Inter-American Court of Human Rights has similarly found the failure to mount an effective investigation to be a violation of the right to be protected against torture and inhuman treatment.

Investigations should not be dependent on the lodging of a complaint. States must launch an investigation whenever there is reasonable suspicion that torture has taken place. The ECtHR has stated in this regard that where an individual is taken into police custody in good health but is found to be injured at the time of release, it is incumbent on the state to provide a plausible explanation as to the cuase of the injury. Since it is likely that health professionals would be amongst the first to discover any signs of abuse, the initiation of an investigation relies heavily on their awareness, assessment and subsequent action.

The prohibition of torture is not limited to a negative obligation to refrain from causing suffering, but also contains wider obligations including the obligation to investigate allegations and bring the perpetrators to justice. The UN Convention Against Torture (UNCAT) states … Continue reading →

There are a number of bodies that may have the ability to conduct regular inspection of detention facilities. These could be monitoring bodies from withing the prison authority; governmental inspection bodies; independent ombudsmen; national human rights commissions; the office of the public defender or other bodies from within the legal system; international organizations; domestic non-governmental organizations (NGOs).

The International Committee of the Red Cross (ICRC) visits people deprived of freedom in times of armed conflict, to check that they are treated humanely and in accordnce with international law (both humanitarian law and human rights law). The ICRC undertakes visits under nonnegotiable modalities which include: access to all places of detention and all people detained and to make a register of all those who wish to have their details recorded; the possibility to select individual detainees to talk with in private, and the possibility to repeat the visits as often as is deemed necessary. During visits, the ICRC takes the humane treatment of detainees to encompass not only freedom from torture and other ill-treatment, but also general conditions of detention that maintain both the physical and mental integrity of the individuals. Their findings are communicated and discussed on a confidential basis with the concerned authorities.

Other bodies, particularly human rights NGOs, are sometimes more likely to gain ad hoc permission to conduct an inspection, rather than regular access. On occasion, inspections might be limited by restricted access to the detainees, or detainees may be wary of complaining for fear of retribution. In such cases it is nevertheless often possible for the inspection team to assess the likelihood of prevailing ill-treatment, especially in relation to the physical conditions of detention. Most often, existing national oversite mechanisms will have most access to prisons, but may have less access to police stations. Access to interrogation centers and military camps may be even more restricted.

Recognizing the vulnerability and need for enhanced protection of people incustody, the UN adopted an Optional Protocol to the UN Convention Against Torture in December 2002. This instrument creates a mechanism for regular inspection, by independent international and national bodies, of all places where people are deprived of liberty, within countries that agree to be bound by this Protocol.

There are a number of bodies that may have the ability to conduct regular inspection of detention facilities. These could be monitoring bodies from withing the prison authority; governmental inspection bodies; independent ombudsmen; national human rights commissions; the office of … Continue reading →

Allegations of torture and other ill-treatment can be presented to a variety of human rights bodies. Many countries have a human rights ombudsman or a commission which might receive and investigate complaints. This might also be a body with a specific mandate on treatment of prisoners. Additionally, there are numerous regional and international human rights mechanisms which can also, under certain circumstances, receive allegations. These include the UN Committee Against Torture, the UN Human Rights Committee, the UN Special Rapporteur on Torture, the UN Special Rapporteur on the Right to Health, the UN Special Rapporteur on Violence against Women, the European Court of Human Rights, the African Commission on Human and Peoples’ Rights, the Inter-American Commission on Human Rights and others (see the Torture Reporting Handbook, section 8.2).

In situations where the ICRC is active, the humanitarian organization can, under specific circumstances, receive allegations of arrest and detention of individuals and make direct enquiries of their whereabouts with the authorities and during visits to places of detention. If located, the ICRC is often able to put the detainee in contatct with their family through a system of Red Cross Messages.

Allegations of torture and other ill-treatment can be presented to a variety of human rights bodies. Many countries have a human rights ombudsman or a commission which might receive and investigate complaints. This might also be a body with a … Continue reading →