Summary

In his report, the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Nils Melzer, examines the significance of accountability to the absolute and non-derogable prohibition of torture and ill- treatment, identifies the most important legal and practical challenges conducive to the current systemic accountability gap, provides an overview of the various functions and forms of accountability and makes recommendations to States with a view to improving accountability and redress for torture or ill-treatment.

The report defines accountability in a broad sense, as: (a) referring to processes, mechanisms and other circumstances in which relevant stakeholders are called upon to account for their acts or omissions in respect of torture or ill-treatment and to face consequences and make amends for any violations, and through which victims of such abuse can obtain appropriate reparation, including redress and rehabilitation; (b) being not only reactive but also proactive, and not only corrective but also restorative; (c) taking many forms, from legal accountability to political and public forms of accountability, including the recognition that torture or ill-treatment occurred, assigning responsibility and providing acknowledgment and redress of the suffering and harm endured by victims; and (d) pertaining not only to the accountability of individuals, but also to that of States, institutions, organizations and other collective or corporate entities that may commit or enable torture or ill-treatment.

Furthermore, the Special Rapporteur observes a number of challenges to accountability for torture and ill-treatment including States denial of allegations of torture and ill-treatment, obstruction of processes both legal and structural, delay in initiating  investigations, scapegoating for structural or systemic problems, deficient and/or underfunded procedures creating limitations and obstacles in the different stages of accountability, barriers to victims participation, historical wrong-doing and injustices shadowing present abuses, and the use of torture and ill-treatment as a form of punishment.

The Special Rapporteur recommends that States take immediate steps to criminalize all acts of torture and ill-treatment in law and in practice; demonstrate a political will to hold accountable those who commit such crimes through upholding their obligations to prevent, investigate, prosecute and punish; address systemic and structural conditions conducive to torture and ill-treatment; make complaints and investigation mechanisms accessible to victims and their families, involve victims in rehabilitation processes, and ensure full and adequate redress and rehabilitation to victims.

Background

Since the end of World War II, States have made unprecedented efforts towards establishing domestic and international normative and institutional frameworks for its practical implementation. Nevertheless, today, torture and ill-treatment continue to be practiced with almost complete impunity throughout the world, and victims of such abuse or their relatives rarely obtain the redress, reparation and rehabilitation they are entitled to under international law.

Additional information

• Special Rapporteur’s statement to the Human Rights Council
• Press release of the report: Governments must stop denying torture and hold officials to account – UN human rights expert

Number of inputs received

Member states: 7

NGOs and civil society organizations: 88

Academics: 7

Individuals: 113