10.4 Challenges in Combating Torture and Ill-Treatment
4 min read•july 31, 2024
Torture remains a global challenge despite efforts to eradicate it. Impunity, weak accountability, and institutional hurdles hinder progress. Post-9/11 counterterrorism measures have blurred lines between permissible interrogation and torture, creating legal gray areas.
Civil society plays a crucial role in combating torture through documentation, legal support, and advocacy. International mechanisms like the UN provide a framework, but national implementation varies. Effective prevention requires addressing systemic issues and strengthening enforcement.
Challenges in Eradicating Torture
Impunity and Lack of Accountability
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[Resources/Campaign] What is torture? | Human Rights Online Philippines View original
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Egypt: On International Day in Support of Victims of Torture, First Step to Combating Torture is ... View original
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[Poster] The right to be free from torture and ill-treatment by Balay Rehabilitation Center ... View original
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- Impunity exempts perpetrators of human rights violations from punishment or consequences undermines efforts to eradicate torture
- Lack of accountability fails to hold individuals, institutions, or states responsible for acts of torture stems from weak legal frameworks or political interference
- Systemic issues within law enforcement and security institutions perpetuate torture practices
- Inadequate training of personnel
- Entrenched violent practices
- Culture of violence within institutions
- State denial and cover-ups of torture incidents hinder investigations and prosecutions
- Obstruction of evidence gathering
- Intimidation of witnesses and victims
- Manipulation of official records
Institutional and Societal Challenges
- Absence of effective monitoring mechanisms contributes to continued torture in detention facilities
- Lack of independent oversight bodies
- Limited access to detention centers for external monitors
- Insufficient resources for regular inspections
- Challenges in gathering evidence and prosecuting torture cases impede combating impunity
- Difficulty in obtaining medical documentation of injuries
- Lack of forensic expertise in some jurisdictions
- Statute of limitations issues in certain legal systems
- Normalization or justification of torture in certain contexts perpetuates its use
- During interrogations (waterboarding)
- In the name of national security (extraordinary rendition)
- As a means of maintaining order in prisons (solitary confinement)
Counterterrorism vs Torture Prohibition
Post-9/11 Challenges to Torture Prohibition
- Increase in extraordinary rendition, secret detention, and enhanced interrogation techniques challenges absolute
- CIA black sites in various countries
- Use of stress positions and sleep deprivation
- National security concerns blur lines between permissible interrogation and torture
- "Ticking time bomb" scenario used as justification
- Expansion of what constitutes "necessary force"
- Creation of legal gray areas undermines established human rights protections
- Concept of "enemy combatants" (Guantanamo Bay detainees)
- Indefinite detention without charge or trial
Legislative and Policy Impacts
- Counterterrorism legislation expands state powers and reduces oversight
- Increased detention periods without judicial review
- Broadened definitions of terrorism-related offenses
- Reduced legal protections for suspects in terrorism cases
- Invocation of state secrecy privileges hinders torture investigations
- Classified information withheld from courts
- Restrictions on public disclosure of counterterrorism operations
- Use of diplomatic assurances in deportation cases raises concerns
- Agreements between states to not torture deported individuals
- Questionable effectiveness of such assurances in practice
- Proliferation of surveillance technologies raises new torture and privacy concerns
- Psychological impact of constant monitoring
- Use of data collection for targeted harassment or intimidation
Civil Society's Role in Combating Torture
Documentation and Legal Support
- Civil society organizations document and report torture cases
- global reporting on torture practices
- 's urgent action campaigns
- Human rights defenders provide legal assistance to torture victims
- Pro bono representation in domestic courts
- Support in filing complaints to UN treaty bodies
- NGOs engage in strategic litigation to challenge state practices
- Cases brought before the European Court of Human Rights
- Public interest litigation in national supreme courts
- Civil society contributes to rehabilitation of torture survivors
- Medical treatment for physical injuries
- Psychological counseling for trauma
- Social reintegration programs
Advocacy and Awareness
- Human rights education campaigns build public opposition to torture
- School curriculum development on human rights
- Public seminars and workshops on torture prevention
- Networking among civil society organizations strengthens advocacy efforts
- Coalition building for joint advocacy initiatives
- Sharing of best practices in torture documentation
- Human rights defenders face risks for their anti-torture work
- Physical threats and intimidation
- Legal harassment and arbitrary detention
- Need for protection mechanisms (UN Special Rapporteur on Human Rights Defenders)
Effectiveness of Anti-Torture Efforts
International Mechanisms and Standards
- UN Convention against Torture establishes global framework for torture prevention
- 171 state parties as of 2023
- Optional Protocol introduces preventive monitoring system
- National Preventive Mechanisms show varying effectiveness in torture prevention
- Regular visits to detention facilities
- Recommendations for improving conditions and practices
- UN Special Rapporteurs and treaty bodies expose torture practices
- Country visits and thematic reports
- Review of state compliance with treaty obligations
- Regional human rights systems develop significant torture jurisprudence
- European Court of Human Rights landmark cases (Selmouni v. France)
- Inter-American Court of Human Rights rulings on disappearances and torture
National Implementation and Challenges
- National legislation criminalizing torture adopted in many countries
- Incorporation of torture definition from UN Convention
- Establishment of domestic remedies for torture victims
- Training programs for law enforcement on human rights implemented widely
- Police academy curricula on human rights standards
- In-service training on non-coercive interrogation techniques
- Istanbul Protocol provides guidelines for torture documentation
- Standardized medical and psychological evaluation procedures
- Forensic documentation of torture evidence
- Enforcement of anti-torture measures remains inconsistent
- Gap between legislation and practice in many jurisdictions
- Lack of political will to prosecute high-level officials
- Resource constraints in implementing comprehensive prevention strategies
Key Terms to Review (18)
Amnesty International: Amnesty International is a global non-governmental organization focused on human rights advocacy, aiming to ensure the protection and promotion of human rights around the world. It connects to various aspects of human rights, including the philosophical foundations of rights, the ongoing struggle against injustices, and the role of activism in challenging state abuses and corporate misconduct.
Convention Against Torture: The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is an international treaty aimed at preventing torture and ensuring the protection of human rights. It establishes a legal framework obligating states to prohibit and prevent torture within their jurisdictions, while also addressing issues like accountability for perpetrators and the treatment of individuals in custody.
Enforced disappearances: Enforced disappearances refer to the practice where individuals are secretly abducted or imprisoned by state agents or other groups, with the authorities refusing to acknowledge the victim's fate or whereabouts. This violation of human rights not only causes immense suffering to the victims and their families but also serves to instill fear within society and undermine the rule of law. It is often linked to torture and ill-treatment, as victims may face abuse while being held incommunicado, making it a significant challenge in the fight against these abuses.
Extrajudicial killings: Extrajudicial killings refer to the unlawful killings of individuals by government authorities or other groups without any legal process or trial. These actions often violate human rights and are commonly associated with state-sponsored violence, making them a crucial concern in discussions surrounding human rights and justice systems globally.
Guantanamo Bay Detention Camp: Guantanamo Bay Detention Camp is a U.S. military prison located at Guantanamo Bay Naval Base in Cuba, established in 2002 to detain suspected terrorists following the September 11 attacks. The camp has been widely criticized for its use of indefinite detention and alleged human rights violations, which highlight significant challenges in combating torture and ill-treatment in the context of counter-terrorism efforts.
Human Rights Watch: Human Rights Watch is a prominent international non-governmental organization that conducts research and advocacy on human rights issues around the world. Its mission is to protect human rights and hold abusers accountable, often focusing on the actions of governments and corporations that violate international human rights standards.
Ibrahim v. Malaysia: Ibrahim v. Malaysia is a significant legal case concerning allegations of torture and ill-treatment, specifically focusing on the rights of detainees under international human rights law. The case highlights the challenges faced by individuals in seeking justice for torture and mistreatment, particularly within a legal system that may not adequately protect their rights or address grievances effectively.
International Covenant on Civil and Political Rights: The International Covenant on Civil and Political Rights (ICCPR) is a key international treaty that aims to protect individuals' civil and political rights, such as the right to life, freedom of speech, and the right to a fair trial. As an integral part of the international human rights framework, it builds upon the Universal Declaration of Human Rights and serves as a binding legal instrument for its state parties.
Legal reform initiatives: Legal reform initiatives refer to systematic efforts aimed at changing laws, regulations, and policies to enhance the protection of human rights and address injustices within legal systems. These initiatives are crucial in combating practices like torture and ill-treatment, as they seek to align national laws with international human rights standards, provide accountability for violations, and improve access to justice for victims. By promoting legal reforms, societies can create an environment that discourages abuse and fosters respect for human dignity.
Non-refoulement: Non-refoulement is a fundamental principle in international refugee law that prohibits the return of individuals to countries where they may face persecution, torture, or other serious harm. This principle serves as a critical safeguard for the protection of refugees and asylum seekers, ensuring that their safety is prioritized over the interests of states in controlling immigration and managing borders.
Physical scars: Physical scars are visible marks left on the skin as a result of injury, surgery, or trauma, often representing the physical evidence of suffering or abuse. These scars can serve as a reminder of past experiences, especially in the context of torture and ill-treatment, where they symbolize the violation of human rights and the lasting impact of such acts on victims' lives.
Prohibition of Torture: The prohibition of torture refers to the absolute ban on inflicting severe pain or suffering, whether physical or mental, for purposes such as punishment, coercion, or obtaining information. This principle is rooted in international human rights law and underpins numerous legal instruments, emphasizing the necessity for states to protect individuals from such treatment.
Psychological trauma: Psychological trauma refers to the emotional and psychological effects that occur after an individual experiences a distressing or harmful event. This term encompasses a wide range of experiences, including torture, abuse, and extreme stress, leading to lasting mental health issues such as PTSD, anxiety, and depression. Understanding psychological trauma is essential in addressing the challenges that arise in efforts to combat inhumane treatment and support survivors in their recovery processes.
Public awareness campaigns: Public awareness campaigns are strategic efforts aimed at raising consciousness and educating the general public about specific issues, often to influence attitudes and behaviors. These campaigns can serve as powerful tools in advocating for human rights, mobilizing communities, and promoting policy changes related to critical issues like genocide prevention and the fight against torture and ill-treatment.
Santos v. Uruguay: Santos v. Uruguay is a significant case in the context of international human rights that highlights issues of torture and ill-treatment by state authorities. This case involved the complaint by the victim, a Uruguayan citizen, who alleged that he had been subjected to torture while in custody. The ruling underscored the need for accountability and effective measures against torture, reflecting broader challenges faced globally in combating such human rights violations.
The Cold War: The Cold War was a prolonged period of geopolitical tension between the Soviet Union and the United States, along with their respective allies, following World War II from roughly 1947 to 1991. This era was marked by ideological conflict, military rivalry, and various proxy wars, with both superpowers seeking to expand their influence worldwide while avoiding direct military confrontation. The Cold War created an environment where issues like torture and ill-treatment often arose, particularly in countries caught in the ideological crossfire.
UN Committee Against Torture: The UN Committee Against Torture is a body of independent experts established to monitor the implementation of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. This committee plays a vital role in assessing state compliance with obligations to prevent and address torture, focusing on both legal frameworks and actual practices within member states, highlighting challenges in combating torture and ill-treatment around the world.
Universal Periodic Review: The Universal Periodic Review (UPR) is a unique process established by the United Nations to assess the human rights situations of all UN member states every four years. It involves a review of each state's adherence to human rights obligations and commitments, fostering dialogue and accountability while promoting best practices among countries.