The fight against torture features prominently at HRC52 session

During the 52nd session of the Human Rights Council (HRC), which took place in Geneva from 27 February to 4 April 2023, the fight against torture and other ill-treatment took a prominent place as part of thematic and country-focused dialogues.

The following events, sessions and dialogues contributed to raising awareness on ratification and implementation of the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT).

CTI side-event

On 28 February 2023, during the HRC’s High-Level Segment, the CTI Core States, namely Chile, Denmark, Fiji, Ghana, Indonesia and Morocco, organised a high-level side-event opened by H.E. Abdulla Shahid, Minister for Foreign Affairs of Maldives and the Rt Hon Patricia Scotland KC, Secretary-General of the Commonwealth, which focused on the experiences of Small Island Developing States (SIDS) in ratifying and implementing UNCAT. Noting that 10 out of the 19 States that have become parties to the Convention since CTI’s establishment in 2014 and half of the 19 remaining to ratify are SIDS, the event highlighted positive State experiences and practices, particularly on strengthening national institutions and law enforcement mechanisms to prevent torture and other ill-treatment, and discussed challenges associated with limited resources and the impact of climate change on conditions of detention.

Understanding the realities of SIDS is crucial in reaching CTI’s overarching goal of universal ratification and improved implementation of UNCAT

H.E. Ambassador Emmanuel Antwi, Permanent Representative of Ghana to the UN in Geneva

CTI briefing to LDCs/SIDS Trust Fund Delegates

As is tradition at each HRC session, CTI also organised a briefing with thirteen LDCs and SIDS Trust Fund Delegates on good practices and challenges in ratifying and implementing UNCAT, which was held on 15 March 2023. A key takeaway was the recognition that UNCAT ratification, for many delegates, created opportunities for partnerships, such as those with CTI, with the Office of the UN High Commissioner for Human Rights, and with the Commonwealth Secretariat.

CTI Item 3 statement

During this HRC session, CTI reiterated its offer of continued support to States in their pathways to UNCAT ratification and improved implementation, as emphasized by CTI Core State Ambassador H.E. Omar Zniber, Permanent Representative of Morocco to the UN in Geneva in a statement delivered on behalf of the six CTI States during the General Debate on Item 3, held on 17 March 2023. The CTI statement also highlighted remarkable progress achieved in the prevention of torture and other ill-treatment over the past year, with new developments such as the updated Istanbul Protocol and the newly released Principles on Effective Interviewing (also known as the “Méndez Principles”).

The fight against torture is far from over. The urgency of the need for universal ratification and full implementation of UNCAT to ensure safe and peaceful societies is apparent.

H.E. Ambassador Omar Zniber, Permanent Representative of Morocco to the UN in Geneva

Special Rapporteur on torture’s thematic report

The first thematic report of the Special Rapporteur on torture, Dr. Alice Jill Edwards, which was presented on 14 March and focused on good State practices in criminalization, investigation, prosecution and sentencing for torture. The report recommends States to prioritize anti-torture legislative reform, and to take ownership of justice processes through the establishment of independent authorities mandated to investigate torture and other ill-treatment.

India’s UPR outcome adoption

India’s UPR outcome adoption held on 27 March, chaired by H.E. Mr. Sanjay Verma, Vice-Minister, Ministry of External Affairs, which saw acceptance of UPR recommendations from over 20 States on UNCAT ratification. India previously supported recommendations to ratify UNCAT during its third and second UPR cycles held in 2017 and 2012, respectively. In his address, Vice-Minister Verma stated:

(…) I am also pleased to inform you that we have recently established a National Mechanism for Implementation, Reporting and Follow-up for all our human rights reporting obligations. This Inter-Ministerial Committee on Human Rights, comprising of senior officials across different Ministries and Departments of the Government of India will play an important role in delineating the steps, advancing the promotion and protection of human rights of our people.

H.E. Mr. Sanjay Verma, Vice-Minister, Ministry of External Affairs of India

Denmark-led Resolution renewing the Special Rapporteur on torture’s mandate

The Denmark-led Resolution renewing the mandate of the Special Rapporteur on torture (SRT) for an additional period of three years was adopted by consensus on 3 April, and it importantly encourages all States to become parties to UNCAT, noting the 40th anniversary of its adoption in December 2024.

Report of the UN Voluntary Fund for Victims of Torture

The report of the UN Voluntary Fund for Victims of Torture (UNVFVT), which positively highlights the Fund’s ability to resume onsite visits to organizations in order to evaluate project applications in 2022 and the allocation of total of 190 annual grants for projects to be implemented in 90 States in 2023. The report additionally notes an approximate shortfall of $5,000,000 which would have assisted 21,000 more torture survivors and their families in 2023, as well as the Fund’s need to enlarge its donor base to receive a minimum of $13 million a year to adequately respond to the high demand for assistance by rehabilitation centres and civil society organizations.

Report of the Special Fund established by the Optional Protocol to UNCAT

The report on the Special Fund established by the Optional Protocol to UNCAT (OPCAT), which reports that 18 projects for grants were recommended in June 2022 to implement recommendations made by the Subcommittee on Prevention of Torture on the establishment or the strengthening of National Preventive Mechanisms (NPMs) in 16 eligible States in 2023. The report further highlights that current financial support does not adequately match torture prevention needs on the ground and increased demand from NPMs, which would require an annual minimum of $500,000 to guarantee the Special Fund’s functioning.

At the HRC52, discussions related to torture and the UN Convention against Torture, which also considered country-specific situations, emphasized the need for national investigative bodies, and highlighted the cooperative advantages of UNCAT ratification.

For States interested in how CTI can support their efforts towards ratification and/or implementation of UNCAT, please contact info@cti2024.org.

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