A/HRC/13/39
United Nations
General Assembly
Distr.: General
9 February 2010
Original: English
Human Rights Council
Thirteenth session
Agenda item 3
Promotion and protection of all human rights, civil
political, economic, social and cultural rights,
including the right to development
Report of the Special Rapporteur on torture and other cruel,
inhuman or degrading treatment or punishment, Manfred
Nowak*
Summary
In the present report, the Special Rapporteur on torture and other cruel, inhuman or
degrading treatment or punishment gives an overview of the mandate and his activities, and
the main observations he has made over five years of fact-finding and research. His global
assessment is based on a detailed study of the phenomena of torture, cruel, inhuman or
degrading treatment or punishment, including an assessment of conditions of detention, in
the world today, contained in document A/HRC/13/39/Add.5. Based on the study, he
observes that torture remains a global phenomenon and is practised widely in many
countries, the major structural reason being the malfunctioning of the administration of
justice and, consequently the lack of respect for safeguards. Moreover, he maintains that, in
practice, most States parties to the Convention against Torture have failed to fulfil their
obligations, such as criminalizing torture, investigating allegations, prosecuting
perpetrators and providing redress for victims of torture. He further holds that, in many
countries, conditions of detention in police custody, pretrial detention, other detention
facilities and sometimes correctional institutions for convicted prisoners, amount to
inhuman or degrading treatment: detainees, whether deprived of their liberty for justified or
less justified reasons, belong to the most vulnerable and forgotten sectors of our societies.
He also recalls that other forms of widespread cruel, inhuman or degrading treatment or
punishment include corporal punishment and excessive police violence during arrest, in
reacting to demonstrations and political gatherings, combating riots and similar law
enforcement activities. States also do not live up to the standard of due diligence required
by the obligation not to commit torture by acquiescence when combating torture and illtreatment by private actors, including harmful traditional practices, such as female genital
mutilation, domestic violence and trafficking in human beings, notably of women and
children.
* Late submission.
GE.10-10042 (E)
250210