Holistic approach needed to eliminate torture, OSCE human rights head says
WARSAW, 25 June 2021 – OSCE countries need to honour their recent commitment to uphold the absolute prohibition of torture after acknowledging the practice to be “one of the most flagrant violations of human rights and human dignity”, said the OSCE Office for Democratic Institutions and Human Rights (ODIHR) on the occasion of tomorrow’s International Day in Support of Victims of Torture.
“A holistic approach is vital if we’re going to end torture throughout the OSCE region,” ODIHR Director Matteo Mecacci said. “We need strong legislation to criminalize and punish perpetrators. But we also need effective safeguards, particularly for people deprived of their liberty, and genuine redress for torture victims. Effective training of penitentiary staff is also a key element in the prevention of torture and ODIHR stands ready to assist OSCE countries in all these areas.”
People deprived of their liberty and confined behind closed doors are at particular risk of torture or other ill-treatment. All countries across the OSCE area need to ensure that anyone deprived of their liberty is treated with respect, which includes ensuring that conditions of detention take into account the different needs of women and men.
Welcoming the renewed commitment undertaken at last year’s annual meeting of OSCE foreign ministers on the prevention and eradication of torture and other cruel, inhuman or degrading treatment or punishment to intensify efforts to stop torture and ensure that all victims can access justice, Mecacci said: “Failing to protect every single person in detention from torture sends the message that detention facilities are lawless areas and that perpetrators can act with impunity.”
In closed settings, the persistence of gender-based discrimination, fear of retaliation, and lack of access to complaint mechanisms or support services often prevent victims of torture from reporting and seeking protection and redress. Legal and procedural safeguards should be applied throughout all stages of detention, including access to legal counsel and to doctors whenever needed. Timely and proper medical documentation of torture and ill-treatment is key to investigating, prosecuting and punishing perpetrators.
Regular and independent monitoring plays an essential role in preventing and detecting incidents of torture and other ill-treatment and should be gender-sensitive, as recommended by ODIHR’s latest guidance for monitoring bodies.
All OSCE countries have agreed that victims of torture must have access to justice, including prompt, impartial and effective investigation, without suffering any retaliation for making complaints. Ensuring the views and specific needs of victims of torture and other cruel, inhuman or degrading treatment are heard is crucial to fully restore their dignity.