Summary: Working Group on Human Rights and Humanitarian Law
Protection against torture
After a brief introduction to the UN mechanisms for the protection against torture, the role of NGOs in the prevention of torture was illustrated and special attention was given to practical ways in which national and international NGOs can cooperate with each other and with the UN in the fight against torture.
A brief introduction to the UN mechanisms for the protection against torture was given by Ms. Catherine Hellum Oren of the Office of the High Commissioner for Human Rights, with a special focus on how NGOs can work with OHCHR in the fight against torture:
- NGOs can submit complaints on behalf of individuals with their approval through the individual complaints procedures of the Convention
Against Torture, the Covenant on Civil and Political Rights, the Convention on the Elimination of Discrimination against Women and the Convention
Against the Elimination of Racial
Discrimination;
- They can apply for funds to the UN Voluntary Fund for Victims of Torture, which compensates victims and their families through NGOs, providing medical, psychological, social, economical, legal or other
assistance;
- They can send reports and urgent appeals to the Special Rapporteur on
Torture;
- Widespread and systematic cases of torture can be reported to the Commission on Human Rights through the confidential 1503
procedure.
Ms. Nathalie Mivelaz of the World Organization Against Torture then presented her organization, which is a network of NGOs working against torture, stressing the importance of cooperation of NGOs in this field. NGOs are the main source of information on torture, and they can represent individuals when addressing UN institutions. Indeed, as the difficulty of obtaining proof of torture and fear of reprisals make it hard for individuals to go through traditional legal procedures, NGOs are often more effective in raising a case thanks to their ability to send fact finding missions to verify information, write official reports to put pressure on governments and use press releases to mobilize public opinion. OMCT coordinates the efforts of national NGOs around the world, thereby facilitating their access to the relevant UN mechanisms.
Ms. Cecilia Jimenez then presented the Association for the Prevention of
Torture (APT), describing the organization's aims, activities and means, and results and perspectives. Particular emphasis was given to APT's work on the Draft Optional Protocol to the Convention Against Torture, which entails the obligation for states to accept the visits of an international committee of experts to places of detention at any time and the obligation to create an independent and impartial national visiting mechanism.
Surprising issues
APT and other NGOs have successfully campaigned for the creation and adoption of the
Draft Optional Protocol (DOP) for a long time, but a lot of work still needs to be done: the DOP has recently been voted for and approved by the Commission on Human Rights, but to come into existence it must also be approved by the ECOSOC and then voted by the UN General Assembly. Then, when
twenty states ratify it, it will come into being.
Interesting questions
One participant asked whether there had been a dramatic reduction of torture as a result of NGOs' efforts, and
Ms. Jimenez answered that indeed in many countries torture has decreased in gravity and in number of incidents, also noting that the majority of the cases of torture now concern convicted criminals rather than prisoners of conscience.
Conclusions
The fight against torture has shifted from a purely reactive approach to an approach which concentrates on prevention, taking into account the economic and social problems which lead to the practice of torture and focusing on human rights education, training of police, and preventive visits to places of detention.
Presenters' Documents Available
  16.14_hellum_oren_catherine.doc (42 K)
16.14_jimenez_cecilia_speech.doc (31 K)
16.14_jimenez_cecilia_transparencies.doc (46 K)
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