Key note address by Mr. Ivan Šimonović, Assistant Secretary-General for Human Rights at the Human Rights Council high-level side-event “Universal ratification and implementation of the United Nations Convention against Torture – How to get there”

3 March 2015, 13:00
Room XVIII, Palais des Nations, Geneva

Excellencies,
Distinguished representatives,
Ladies and gentlemen,

Thirty years have passed since the entry into force of the United Nations Convention against Torture. The principles it contains remain highly relevant today:

• Torture is a crime. It is never allowed nor justified, not even in times of war or in the fight against terrorism;
• Those who commit the crime of torture will be held accountable, anywhere; and
• Victims of torture have a right to rehabilitation and redress.

 In short, it still provides the most comprehensive protection against torture.

Through its implementation, the Convention has been a powerful instrument in the fight against torture. Not only does this treaty contain a clear prohibition of torture under all circumstances, it also sets out the steps that States must take to combat and prevent torture and other cruel, inhuman or degrading treatment or punishment. In June 2006, it was reinforced by an Optional Protocol, which tackles the prevention of torture through field visits to places of detention by international monitors and by representatives of independent National Preventive Mechanisms. I am proud to say that during my term as Minister of Justice, I contributed to the establishment of a National Preventive Mechanism in Croatia.

Over the last thirty years much has been achieved, but there is also more to be done: torture continues across the world, with devastating impact on people and societies alike. On the one hand, we are seeing an expansion of the definition of torture through jurisprudence, increasing the threshold of protection under national and international law.

More people are protected, and more victims have access to justice and redress. On the other hand, torture is being increasingly justified, especially in the context of the fight against terrorism. This worrying trend is undermining the most fundamental provisions of the Convention and the upholding of its core values.

As the world becomes increasingly insecure through the expansion of terrorism, it becomes increasingly important for States to observe human rights, including fully respecting their obligations under the Torture Convention. Temptation to be more tolerant towards torture when countering terrorism is not only morally wrong, it is counterproductive. Confessions obtained through torture are unreliable and often misleading. When an individual is tortured, it is also whole families and communities that are shattered. Torture also creates martyrs and attracts new recruits for terrorist networks, ultimately undermining the effective fight against terrorism.

Against this backdrop, the Convention against Torture Initiative (CTI), a unique State-driven collaboration which aims to achieve universal ratification of the Convention within the next ten years, comes just at the right time. It is a substantial step forward in the battle to eradicate the devastating practice of torture and to put us back on the right track. I take this opportunity to welcome the ratification of the Convention by Viet Nam on 5 February 2015, and to call on remaining non States parties to undertake this ratification process.

Ladies and Gentlemen,

Let me reiterate the full support of the Secretary-General of the United Nations and of the High Commissioner for Human Rights to this Initiative. So, how does the UN Human Rights Office contribute to the universal ratification of the Convention and its Optional Protocol and to their implementation?

First, as part of our main priorities for the period 2014-17, our field presences are promoting ratification of the Convention against Torture. Our office in New York also actively engages in the treaty ratification event organized by the Secretary-General each year in September. The High Commissioner, as well as other senior human rights officials, systematically invite States to ratify the Convention against Torture and its Optional Protocol during its bilateral meetings with State representatives at headquarters and in the field.

The UN Human Rights Office is also providing substantive support to the Committee against Torture, the Subcommittee on Prevention of Torture and the Special Rapporteur on Torture which are powerful voices promoting universal ratification and the implementation of the Convention against Torture and its Optional Protocol.

After ratification of the Convention against Torture, comes the challenge of its implementation. The UN, in particular the Human Rights Office, has some tools to assist in the prevention of torture, the rehabilitation of victims, and the fulfilment of the reporting obligations.

Through the Special Fund, established under the Optional Protocol, the Office can assist States in their efforts to prevent torture.  The grants allocated by Fund for the Victims of Torture support those providing victims of torture with legal, psychological, medical and humanitarian assistance. The Office is also committed to providing assistance to States to meet their reporting obligations. For example, last January, the Secretary of the Committee against Torture was in Lebanon assisting the authorities in meeting their reporting obligations under the Convention. Thanks to the General Assembly resolution on treaty body strengthening of April 2014, the Office now benefits from a full-fledged capacity-building programme for treaty body reporting.

Concretely, 10 staff members supported by a dedicated team in Geneva and a roster of trained trainers will work in the different regions to help States meet their treaty obligations. They will provide technical assistance  towards the establishment and/or effective functioning of participatory Standing National Coordination bodies on Reporting and Follow-up and therefore will facilitate not only the reporting to the Committee against Torture but also the highly important follow-up to its recommendations.

This capacity-building package is a timely complement to the regional and national strategies launched under the Convention against Torture Initiative (CTI) and it will be a key tool available to all States, including non-States parties who will have the option of seeking assistance in the process of ratification and subsequent reporting.

Ladies and Gentlemen,

Building a global strategy for the universal ratification of the Convention against Torture and its Optional Protocol and their implementation also implies building partnerships. It requires full cooperation of the wider UN family to assist States in complying with their treaty obligations.

Civil society organizations have a special role: they are key voices to encourage Governments to ratify the Convention, to provide advice from within the countries, and to advocate for the implementation of the principles enshrined in the Convention. Clear evidence of this is that - without the Association for the Prevention of Torture (APT) - we would not be here today.

Let me conclude,

The Initiative for the universal ratification of the Convention against Torture provides us with a unique opportunity to reaffirm our commitment to one of the most basic human rights principle. Torture is always unacceptable: there are no exceptions, and no excuses.

Thank you.