APT Statement No. 2 to Working Session No. 7

OSCE Human Dimension Implementation Meeting 

Warsaw 7^th October 2004

Other Measures to Prevent Torture and Ill-treatment in OSCE Participating States

The APT believes that the implementation of the Optional Protocol to the UN Convention against Torture[1] will prove to be an effective instrument to prevent torture and other forms of ill-treatment in the OSCE region. Nevertheless, its utility as a torture prevention instrument will only be ensured if OSCE participating States implement other vital measures to combat these deplorable practices. Taken together, the APT believes that these measures will help to create a culture of prevention within places of detention throughout the region. The APT therefore urges OSCE participating States to implement the following measures to prevent torture and other forms of ill-treatment:

Condemnation and criminalization of torture

It is essential that all OSCE participating States and their political leadership at the highest level condemn in absolute terms all acts of torture and other forms of ill-treatment. It must be made clear to all public officials that under international human rights law such acts cannot be justified or tolerated under any circumstances. States must also ensure that such acts are criminalized in domestic law in accordance with international human rights law.

Guarantee fundamental safeguards

International human rights law imposes upon OSCE participating States a range of obligations to ensure a detainee’s right to be free from torture and other forms of ill-treatment. At all stages of the deprivation of liberty of an individual, OSCE participating States must ensure that these safeguards are adhered to by all public officials, most notably a detainee’s right of prompt access to a lawyer including during questioning, to notify or have notified a family member or third person of the fact of their detention, and of access to a doctor of their choice.  

Accountability

In order to combat impunity, all allegations of torture and other forms of ill-treatment must be investigated in accordance with international human rights law and must thus be prompt, impartial and effective. During such investigations OSCE participating States must ensure that the complainants, their families and witnesses are protected from reprisals from public officials.

Perpetrators of torture and other forms of ill-treatment must be brought to justice in proceedings compatible with international fair trials standards. OSCE participating States should ensure that the sentencing of convicted public officials is commensurate with the gravity of the crime or crimes committed.  

Reparation

Victims or their families must also have an enforceable right to reparation for the suffering caused. Reparation should include fair and adequate financial compensation and any necessary medical, psychological and social rehabilitation.

Training and professionalism

All persons in charge of or involved with the care of persons deprived of their liberty must receive appropriate training in human rights. Such training should include information about the absolute prohibition of torture and other forms of ill-treatment and the rights of persons deprived of their liberty. Importance should also be given to the need to avoid the excessive use of force both at the point of arrest and in detention.

Greater importance should also be attached to the occupational training of public officials. Enhanced training will help promote professionalism among public officials, which, coupled with an effective chain of command, will assist in creating an environment wherein safeguards for the rights of persons deprived of their liberty are respected.

Transparency of places of detention

As asserted in Statement No. 1 to Working Session No.7, entitled The Optional Protocol to the UN Convention against Torture: An Effective Means of Preventing Torture and Ill-treatment in OSCE participating States, the APT believes that the regular monitoring of places of detention by external, independent bodies is one of the most effective means to prevent physical and mental abuse from occurring. The Optional Protocol to the UN Convention against Torture, which will establish a system of regular visits to places of detention carried out by complementary international and national independent expert bodies, will make a valuable contribution to torture prevention once it comes into force.[2]

The APT therefore strongly urges all OSCE participating States to take immediate steps to open up their places of detention to enhanced international and domestic human rights scrutiny.

Importance of international cooperation

Similarly, OSCE participating States should also fully cooperate with international and regional bodies, which have a mandate to address the practices of torture and other forms of ill-treatment. These include the various treaty monitoring bodies and special procedures of the UN, particularly the Special Rapporteur on Torture, which in recent years has conducted visits to Uzbekistan and Spain, and the relevant bodies of the OSCE and Council of Europe. Equally as importantly, OSCE participating States should take all possible steps to implement in practice the conclusions and recommendations of such bodies.     

Final remarks

As was highlighted in APT Statement No. 1 to Working Session No.7, it is completely unacceptable that, year after year, human rights monitors continue to document alleged acts of torture and ill-treatment of persons deprived of their liberty by public officials throughout the OSCE region. It is clearly time for many OSCE participating States to take the rights of persons deprived of their liberty far more seriously. The APT believes that, if the measures, referred to above, were sincerely and effectively implemented by participating States, such steps would go a considerable way to addressing these shameful practices which currently blight the OSCE region. The APT remains ready to assist any OSCE participating State, which is sincere about preventing torture within its territories. 

For further information about the issues raised in this statement or to obtain other APT materials please refer to the APT website (www.apt.ch) or contact the Europe and Central Asia Programme Officer, Matthew Pringle, or the United Nations and Legal Programme Officer, Edouard Delaplace, during the meeting.