JOINT STATEMENT ON THE OCCASION OF THE UNITED NATIONS INTERNATIONAL DAY IN SUPPORT OF VICTIMS OF TORTURE 26 JUNE 2005

24 June 2005

Recognizing that the lives of individuals, their well-being and sense of security continue to be scarred by torture on a daily basis, and that torture is reported with growing frequency from all regions of the world, on the occasion of the United Nations International Day in Support of Victims of Torture, we, the United Nations Committee against Torture, the Special Rapporteur of the Commission on Human Rights on the question of torture, the Board of Trustees of the United Nations Voluntary Fund for Victims of Torture and the United Nations High Commissioner for Human Rights:

Reaffirm concerns highlighted in our previous joint statements and reemphasize the absolute nature of the prohibition of torture, including the principle of non-refoulement where there is a danger of an individual being subjected to torture and stress that no exceptional circumstances may be invoked as a justification for torture.

Recall the obligations of States to take effective measures to prevent all acts of torture or cruel inhuman or degrading treatment or punishment. Stress that the importance of prevention cannot be overemphasized, and call for the universal ratification of the Convention against Torture and its Optional Protocol. Urge the creation or strengthening of national preventive mechanisms which are mandated to undertake independent visits to places of deprivation of liberty, as required by the Protocol.

Remind States parties to the Convention of the desirability of making the declaration under article 22 providing for individual communications.

Recall the obligation of States to investigate and punish all acts of torture and cruel, inhuman and degrading treatment or punishment and strengthen efforts to fight impunity.

Recognizing the ordeals of victims and survivors of torture, both those who have spoken out and those who have suffered in silence, urge States to give effect to their obligation under the Convention to ensure that “the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible.” Recall that victims of torture have a right to sue for compensation, including civil compensation, which can be based upon universal jurisdiction. Urge the sixtieth session of the United Nations General Assembly to adopt the Principles and Guidelines on the Right to Remedy and Reparation for Victims of Gross Violations of Human Rights.

Acknowledge the achievements of the Special Rapporteur on Torture whose mandate was created 20 years ago and stress the importance of his work in preventing torture and protecting its potential victims. Urge all States to issue a standing invitation and extend cooperation to the Special Rapporteur.

Recall that ten years ago the Beijing World Conference on Women recognized that sexual violence and gender-based violence constitute torture where the State perpetrates such acts, consents or acquiesces to them. Highlight the need to raise awareness of such forms of violence, including domestic violence, and to strengthen measures to prohibit and prevent as well as investigate, prosecute and punish all such acts. Note that gender-based violence, including domestic violence, plays a particularly insidious role in teaching and perpetuating a culture of violence.

Recognize the key role of non-governmental organizations in providing assistance to survivors of torture and call upon Governments, private and public entities and individuals to express their solidarity with victims of torture and members of their families by contributing generously to the United Nations Voluntary Fund for Victims of Torture.

The Special Rapporteur of the Commission on Human Rights on the question of torture is Manfred Nowak. Louise Arbour is the United Nations High Commissioner for Human Rights.

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