Geneva, November 25 (OMCT) – Given the rising recourse to torture and of political narratives that condone or even incite it, fighting against this inhumane practice is more necessary than ever, United Nations High Commissioner for Human Rights told activists and human rights defenders at a World Organisation Against Torture (OMCT) forum.
Zeid Ra'ad Al-Hussein addressed the audience on the occasion of the 30th anniversary of the creation of OMCT, which today welcomed in Geneva some 100 human rights experts, advocacy specialists, and members of its SOS-Torture network of NGOs from all over the world to discuss issues ranging from the refugee crisis to innovative methods of reporting torture because, as OMCT President Yves Berthelot put it: “only joint efforts matter in the fight against torture.”
OMCT and its SOS-Torture network share Zeid Ra'ad Al-Hussein’s expressed concern that many countries were “returning to authoritarianism”, human rights defenders around the world were under “enormous pressure”, and that reprisals and arbitrary detentions were increasingly done under the pretext of fighting terrorist activities. The High Commissioner said he feared declarations such as United States President-elect Donald Trump’s campaign declarations might inspire other Governments to resume resorting to torture, hence exacerbating the practice around the world.
“So there is no doubt that the fight is on, and no one should have any illusions about this. This is now a real struggle and we will depend a great deal on the world organization or the NGOs that are part of this, with the leadership of everyone here, to stave off an intensification of what is already a troubling situation.”
Though he has since tempered his stance, Trump before his election repeatedly endorsed torture against suspected terrorists, saying for instance he would approve of waterboarding “in a heart beat”. Zeid Ra'ad Al-Hussein, who himself acknowledged he had been “extremely vocal” about Trump’s willingness to condone this inhumane practice during the campaign, said “recent appointments had left (him) very hesitant as to what is happening.”
As a number of States such as South Africa, Burundi, Gambia and Russia have recently announced they were withdrawing from the International Criminal Court –– “to shield their leadership from potential scrutiny and criminal investigations,” according to Zeid Ra'ad Al-Hussein – he warned the world was at a dangerous point where more Governments were willing to renege their commitments to fight such violations.
“It took two world wars to produce the system that we have, the codification of customary law, in many respects, the setting up of a declaration, the establishment of the two-party system, setting up of a declaration, two world wars to produce it,” he added. “If we find it unwinding it may be impossible to rewind it. Would we need another world war to shake ourselves into the realization that we cannot do without it?”
Nils Melzer, the new UN Special Rapporteur on Torture, concurred that torture is still rampant and far from improving. He said there really is no better solution to torture than a “strong and coherent will to combat this abuse”.
“This is not a time to falter and run, but a time to renew our spirits and focus and to move ahead,” he said. “Torture is endemic and can never be eradicated, I have never heard of a doctor who has never tried to fight a disease because of the prospect of finding a cure is bleak. Torture is the worst disease that has ever fallen upon society and there are no other doctors than us.”
Among the other speakers present at the opening of the two-day forum, François Longchamp, President of the Geneva Canton Conseil d’État, said: “A state that tortures does not have any self-confidence. It is not in good shape.”
“Terrorism has become a convenient excuse for politicians to limit democracy and people's rights," said OMCT Vice President Dick Marty, a former state prosecutor of the canton of Ticino, a member of the Swiss Council of States, and is a former member of the Parliamentary Assembly of the Council of Europe.
“Our biggest enemy has been the fight against terrorism, which has been used as an excuse for practicing torture, said Jens Modvig, the new Chair of the Committee Against Torture, the UN body in charge of examining State’s compliance with the key international instrument upholding the absolute prohibition of torture, the Convention Against Torture.
With offices in Geneva, Brussels, and Tunisia, OMCT runs programmes to favour State compliance with anti-torture legislation, support victims of torture, with particular attention to children in detention and women, and protect human rights defenders worldwide.
OMCT was founded in 1986 in Geneva, and functions also thanks to the support of Switzerland. Ambassador Heidi Grau, Head Human Security Division of Switzerland stressed that it was the duty of States to make sure that torture does not happen and underlined that her country saw as an utmost priority the protection of human rights and those who uphold them – such as the dedicated NGOS of the SOS-Torture network.
“The fight against torture is an uphill struggle,” she said. “There will be work to do for at least the next 30 years.”
The Organisation Internationale de la Francophonie, another longstanding supporter of OMCT, also expressed its alignment with the commitment to combat torture – which it too saw as on the rise – and stand behind all the OMCT network members present at the event.
“The figures are worrying, and they might not even reflect the true state of things given the difficulty of collecting testimonies,” said Permanent Representative Ridha Bouabid.
More Zeid Ra'ad Al-Hussein Quotes
For a live stream of the High Commissioner’s speech please go our Facebook page.
“The human rights movement has achieved a huge amount in the last 70 years, but it also means we have so much more to lose, so much more to lose, and we have to be very aware of that. And it can go very quickly. The architecture can disappear very quickly.”
“We must make an appeal to our public, to our people, to resist these centrifugal forces tearing away at the multilateral system.”
“The struggle within countries, and internationally, is really on. Because if we were to assume, I think it’s wrong to always point out the negatives and then say we haven’t achieved, you know, we have achieved, but the danger is that if we say that, it leads to complacency because if you lose at the margins, and when you lose at the margins you don’t know when you can lose everything.”
“I think we need to be vigilant about this and not take any of the rights we have, the rights others have, for granted and we have to stand up for the rights of others, if we are going to make this world somewhat of a safer place. But I feel that no one can not feel the sense of insecurity that globally we are experiencing. It really imposes on us the demand to act.”
“Torture is an unequivocal crime, prohibited under all circumstances, bar none. No matter what threat to society, it is unjustifiable and illegal to cause pain to defenceless men, women and children. Torture is beneath contempt, and unworthy of any decent society.”
"In many countries, we are also witnessing a growing and shocking narrative that condones and even incites the use of torture. Torture is portrayed as an effective short-cut and a lesser evil. But torture is the infliction of pain by a coward, on men, women and children who are captive and defenceless. It extracts no useful information, because people in extreme pain will say anything at all. Torture will bring no good to anyone, but it will inflict great evil on many individuals – and it will corrupt and warp every society where it is commanded, inflicted and condoned. As a psychologist working in northern Iraq recently told me, “Take one member of society, torture him, send him back to society, and it is as if you had tortured the entire society.”
“Moreover, there needs to be much broader understanding of the specific harms and trauma caused by torture, and the assistance required for its healing. Many migrants, including unaccompanied children, have faced torture, either before they left, on their journey or even – perhaps most shockingly – on their arrival. They require careful interviewing and attentive rehabilitation, and the expertise on these and related issues should be coming from you. I hope more can be done to disseminate your experience and knowledge on these topics, including to migrant destination countries. “
“We must strengthen our advocacy and action for a stronger and wider space for action by civil society – a space that is under threat in many societies. Last year, the Treaty Body Committees adopted the San José Guidelines Against Intimidation or Reprisals, which remind States of their responsibility to prevent and investigate acts of reprisals against people who have cooperated with UN human rights bodies.”
What torture is
Torture is an act of cruelty that denies one’s fundamental human dignity, leaving profound and indelible traces on individuals and societies. Specifically, it is done in the name of the State or with the State’s tacit consent. It is prohibited anywhere and anytime, during all circumstances; however, torture happens in all areas of the world for both political and non-political reasons.
Torture finds its most fertile breeding grounds in places of custody or detention, such as police stations, prisons, or other places with imbalances of power outside public scrutiny. Anyone can be a victim of torture, and minorities and marginalized individuals face a heightened risk due to ethnicity, gender, sexual orientation, or economic status. The consequences extend beyond direct suffering; survivors often face long-term medical and psychological effects.
For the full programme of the OMCT Forum, please visit here. Forum list of speakers List of Forum participants.
About the World Organisation Against Torture (OMCT)
OMCT is short for the World Organisation Against Torture – in French, as the organization created in 1985 is headquartered in Geneva, Switzerland. OMCT works for, with and through an international coalition of over 200 non-governmental organizations – the SOS-Torture network – fighting torture, summary executions, enforced disappearances, arbitrary detentions, and all other cruel, inhuman and degrading treatment or punishment in the world.
For more information, please visit: www.omct.org.
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For all media inquiries: Lori Brumat, OMCT Head of +41 78 823 0669 or lb@omct.org.
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