Fingerprints in a police station. At the same time, the NHRI can use its new monitoring powers as NPM to conduct unannounced visits to police stations, where it can see directly how safeguards – including access to family – are implemented in practice.
In a significant move on 3 April 2024, the UN Human Rights Council adopted by consensus a groundbreaking resolution focused on preventing acts of torture. This resolution underscores the urgent need for effective national measures to prevent acts of torture and reaffirms the absolute prohibition of torture under any circumstances.
Central to the resolution is the recognition of the critical role played by police and law enforcement officials, medical personnel, public officials, and civil society in upholding human dignity and ensuring respect for the rights of all those deprived of their liberty. Crucially, the resolution also emphasizes the importance of establishing effective domestic oversight mechanisms to prevent torture and other forms of ill-treatment, including through regular visits to places of deprivation of liberty.
Moreover, the resolution highlights the importance of implementing international standards and guidelines, such as the Bangkok Rules, the Nelson Mandela Rules, the Méndez Principles, and the Istanbul Protocol. These frameworks are crucial to safeguard the rights of persons deprived of liberty, promote humane treatment and prevent acts of torture.
Key provisions of the resolution include:
1. Legal framework and accountability: States are called to take persistent, determined and effective measures to prevent acts of torture and other ill-treatment. This includes the duty to criminalize acts of torture and ensure appropriate penalties for offenders. They are also called upon to ratify the UN Convention against Torture and its Optional Protocol, ensuring effective implementation.
2. Holistic approach to torture prevention: States are called upon to adopt comprehensive legislative, administrative, and judicial measures to prevent torture in places of deprivation of liberty. This includes implementing legal and procedural safeguards and ensuring that competent judicial or disciplinary bodies, along with relevant prosecutorial authorities, uphold these safeguards effectively.
3. Training and education: Recognizing the importance of education and training to prevent acts of torture, the resolution emphasizes that police, law enforcement personnel and others involved in the custody or treatment of individuals, should be provided with training, covering topics such as the prohibition of torture, the use of force and modern investigative techniques.
4. Review of interrogation and detention procedures: The resolution stresses the importance of systematic review of detention regulations and the development of domestic guidelines on the conduct of interrogations, to preventing any cases of torture and other ill- treatment.
5. Legal and procedural safeguards: States are reminded that the prevention of torture and other ill- treatment include ensuring that any individual arrested or detained on a criminal charge is brought promptly before a judge or other independent judicial officer and permitting prompt and regular medical care and legal counsel at any stage of detention and regular contact with family members, including visits.
6. Discrimination against persons deprived of liberty: States are called upon to put in place measures to prevent and address discrimination against persons deprived of their liberty on any grounds and ensure that the individual needs of persons deprived of their liberty are taken into account.
7. Victims/ survivors centred approach: States are urged to adopt a victim- and survivor-centred, as well as age- and gender-responsive approach in preventing and combating torture and other ill-treatment. This entails giving special consideration to the perspectives and needs of victims and survivors in various aspects, including policy development, rehabilitation efforts, prevention strategies, and accountability measures concerning torture and other related human rights violations, including sexual and gender-based violence. Such an approach ensures that the voices of those affected are heard and their specific circumstances are addressed effectively.
8. Conditions of detention: States are reminded of their responsibility to ensure dignified conditions of detention, including addressing concerns such as solitary confinement and overcrowding. The resolution also calls upon States to establish safe, secure, and humane environments in detention facilities. This entails treating detainees with humanity and dignity, providing adequate medical care, and fostering positive relationships between staff and detainees, which is crucial in preventing and addressing torture.
9. Independent monitoring mechanisms: States are called upon to establish independent monitoring bodies to regularly inspect places of deprivation of liberty and ensure compliance with human rights standards. Importantly, States are urged to examine the recommendations of national preventive mechanisms and other independent monitoring bodies, to enter into a constructive dialogue with them on possible implementation measures and to undertake to publish and disseminate the annual reports of the national preventive mechanisms.
10. Protection for individuals involved in torture prevention: States are urged to ensure protection against any sanction, reprisal, intimidation or other prejudice against individuals cooperating with monitoring bodies or other stakeholders working to prevent torture.
The new HRC resolution underscores the collective responsibility of States to uphold human rights and emphasises the importance of prevention in combating torture. As we approach the 40th anniversary of the UN Convention against Torture, this new resolution serves as a timely reminder of the ongoing struggle to eradicate this egregious violation of human dignity.
