A/56/156
I. Introduction
1.
The present report is the third report submitted to
the General Assembly by the Special Rapporteur of the
Commission on Human Rights on the question of
torture and other cruel, inhuman or degrading treatment
or punishment, Sir Nigel Rodley, pursuant to General
Assembly resolution 55/89 and Commission on Human
Rights resolution 2001/62. As in previous years, this
report contains issues of special concern to the Special
Rapporteur, in particular overall trends and recent
developments.
2.
The Special Rapporteur would like to draw the
attention of the General Assembly to his report to the
Commission on Human Rights, in which, in view of the
forthcoming World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance,
he addressed the question of racism and related
intolerance, which he believes is all too relevant to
issues falling within his mandate.1 He would like to
remind Governments that, in the report he submitted
last year to the General Assembly, he addressed the
following issues: gender-specific forms of torture;
torture and children; torture and human rights
defenders; reparation for victims of torture; and torture
and poverty (A/55/290).
II. Issues of special concern to the
Special Rapporteur
A. Intimidation as a form of torture
3.
The Special Rapporteur takes note with
appreciation of the reference to intimidation in
Commission on Human Rights resolution 2001/62,
entitled “Torture and other cruel, inhuman or degrading
treatment or punishment”. In paragraph 2, the
Commission “condemns all forms of torture, including
through intimidation, as described in article 1 of the
Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment” (emphasis
added). As stated by the Human Rights Committee in
its General Comment No. 20 (10 April 1992), on
article 7 of the International Covenant on Civil and
Political Rights, the Special Rapporteur would like to
remind Governments that the prohibition of torture
relates not only to acts that cause physical pain but also
to acts that cause mental suffering to the victim, such
as intimidation and other forms of threats.
4.
A number of decisions by human rights
monitoring mechanisms have accordingly referred to
the notion of mental pain or suffering, including
suffering through intimidation and threats, as a
violation of the prohibition of torture and other forms
of ill-treatment. In particular, the Special Rapporteur
would like to draw Governments’ attention to the views
expressed by the Human Rights Committee in the case
of Estrella v. Uruguay. The alleged victim, Miguel
Angel Estrella, the renowned Argentinean concert
pianist, complained of having, inter alia, been
threatened with death, mock amputation of his hands
with an electric saw and violence to his relatives or
friends. The Committee concluded that the applicant
had been subjected to severe psychological torture, in
an effort to force him to admit subversive activities.
The treatment had lasting effects, particularly to his
arms and hands. Indeed, he suffered a loss of
sensitivity in both arms and hands for 11 months and
discomfort that persisted for years in the right thumb.
5.
Similar interpretations of the prohibition of
torture have been made with respect to the relevant
provisions to be found in international humanitarian
law. Article 4 of the 1977 Protocol Additional to the
Geneva Conventions relating to the Protection of
Victims of Non-International Armed Conflict
(Protocol II) prohibits at any time and in any place
whatsoever “(a) violence to the life, health and
physical or mental well-being of persons, in particular
murder as well as cruel treatment such as torture,
mutilation or any form of corporal punishment” ... and
“(h) threats to commit any of the foregoing acts”. The
Special Rapporteur would like to draw Governments’
attention to the Commentary on the Geneva
Conventions and Protocol II published by the
International Committee of the Red Cross, which states
with respect to subparagraph (h) of article 4: “This
offence concludes the list of prohibited acts and
enlarges its scope. In practice threats may in
themselves constitute a formidable means of pressure
and undercut the other prohibitions. The use of threats
will generally constitute violence to mental well-being
within the meaning of subparagraph (a).” Similarly,
article 13 of the Third 1949 Geneva Convention
relative to the Treatment of Prisoners of War states that
“... prisoners of war must at all times be protected,
particularly against acts of violence or intimidation and
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