A/57/173
Report of the Special Rapporteur of the Commission on
Human Rights on the question of torture and other cruel,
inhuman or degrading treatment or punishment
Summary
In the present report, the Special Rapporteur addresses the issue of the
prohibition of torture and of cruel, inhuman or degrading treatment or punishment in
the context of anti-terrorist measures. The Special Rapporteur concludes inter alia
that the following basic legal safeguards should remain in any legislation relating to
arrest and detention, including any type of anti-terrorist legislation, as these
safeguards guarantee the access of any person in detention to the outside world and
thus ensure his or her humane treatment: the right to habeas corpus; the right to have
access to a lawyer within 24 hours from the time of arrest; and the right to inform a
relative or friend about the detention. The Special Rapporteur also addresses the
issues of the places and length of pre-trial detention and of admissibility of
confessions in court, as well as the necessity to ensure that impunity will not prevail
in cases of torture in all circumstances. He recalls the principle of non-refoulement in
particular with respect to extradition cases. The Special Rapporteur then addresses
the issue of international and national mechanisms for visits to places of deprivation
of liberty. In that respect, he expresses the strong desire that the competent United
Nations organs, notably the General Assembly, give the matter of an effective
protocol to prevent torture their earnest and immediate attention with a view to the
early adoption of that instrument. Finally, the Special Rapporteur recalls that any
form of corporal punishment of children is contrary to established principles on the
prohibition of torture and other cruel, inhuman or degrading treatment or
punishment. He calls upon States to take adequate measures, in particular legal and
educational ones, to ensure that the right of children to physical and mental integrity
is well protected in the public and in the private spheres.
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