Fighting torture more necessary than ever, UN Human Rights Commissioner tells activists

Zeid Ra'ad Al-Hussein addressed theaudience on the occasion of the 30th anniversary of the creation of OMCT,which today welcomed in Geneva some 100 human rights experts, advocacyspecialists, and members of its SOS-Torture network of NGOs from all over theworld to discuss issues ranging from the refugee crisis to innovative methodsof reporting torture because, as OMCT President Yves Berthelot put it: “only joint efforts matterin the fight against torture.”

OMCT and its SOS-Torture network share ZeidRa'ad Al-Hussein’s expressed concern that many countries were “returningto authoritarianism”, human rights defenders around the world were under “enormouspressure”, and that reprisals and arbitrary detentions were increasingly doneunder the pretext of fighting terrorist activities. The High Commissioner said he feared declarations such asUnited States President-elect Donald Trump’s campaign declarations mightinspire other Governments to resume resorting to torture, hence exacerbatingthe practice around the world.

“So there is no doubt that the fight is on, andno one should have any illusions about this. This is now a real struggle and wewill depend a great deal on the world organization or the NGOs that are part ofthis, with the leadership of everyone here, to stave off an intensification ofwhat is already a troubling situation.”

Though he has since tempered his stance, Trump before his electionrepeatedly endorsed torture against suspected terrorists, saying for instance he would approve of waterboarding“in a heart beat”. Zeid Ra'ad Al-Hussein, who himselfacknowledged he hadbeen “extremely vocal” about Trump’s willingness to condone this inhumanepractice during the campaign, said “recent appointmentshad 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 theInternational Criminal Court –– “to shield their leadership from potentialscrutiny and criminal investigations,” according to Zeid Ra'ad Al-Hussein ­– he warned the world wasat a dangerous point wheremore Governments were willing to renege their commitments to fight suchviolations.

“It took two world wars to produce the systemthat we have, the codification of customary law, in many respects, the settingup of a declaration, the establishment of the two-party system, setting up of adeclaration, two world wars to produce it,” he added. “If we find it unwindingit may be impossible to rewind it. Would we need another world war to shakeourselves into the realization that we cannot do without it?”

Nils Melzer, the newUN Special Rapporteur on Torture, concurred that torture is still rampant and far from improving. He saidthere really is no better solution to torture than a “strong and coherent willto combat this abuse”.

“This is not a time to falter and run, but atime to renew our spirits and focus and to move ahead,” he said. “Torture isendemic and can never be eradicated, I have never heard of a doctor who hasnever tried to fight a disease because of the prospect of finding a cure isbleak. Torture is the worst disease that has ever fallen upon society and thereare no other doctors than us.”

Among the other speakers present at the openingof the two-day forum, FrançoisLongchamp, President of the Geneva Canton Conseil d’État, said: “A statethat tortures does not have any self-confidence. It is not in good shape.”

“Terrorismhas become a convenient excuse for politicians to limit democracy and people'srights," said OMCT Vice PresidentDick Marty, a formerstate prosecutor of the canton of Ticino, a member of the Swiss Council ofStates, and is a former member of the Parliamentary Assembly of the Council ofEurope.

“Ourbiggest enemy has been the fight against terrorism, which has been used as anexcuse for practicing torture, said JensModvig, the new Chair of the Committee Against Torture, the UN body incharge of examining State’s compliance with the key international instrumentupholding the absolute prohibition of torture, the Convention Against Torture.

With offices in Geneva, Brussels, and Tunisia, OMCTruns programmes to favour State compliance with anti-torture legislation,support victims of torture, with particular attention to children in detentionand women, and protect human rights defenders worldwide.

OMCT was founded in 1986 in Geneva, and functionsalso thanks to the support of Switzerland. AmbassadorHeidi Grau, Head Human Security Divisionof Switzerland stressed that it was the duty of States to make sure thattorture does not happen and underlined that her country saw as an utmostpriority the protection of human rights and those who uphold them – such as thededicated NGOS of the SOS-Torture network.

“The fight against torture is an uphillstruggle,” she said. “There will be work to do for at least the next 30 years.”

The Organisation Internationale de la Francophonie, anotherlongstanding supporter of OMCT, also expressed its alignment with thecommitment to combat torture – which it too saw as on the rise – and standbehind all the OMCT network members present at the event.

“The figures are worrying, andthey might not even reflect the true state of things given the difficulty ofcollecting testimonies,” said Permanent RepresentativeRidha Bouabid.

More Zeid Ra'adAl-Hussein Quotes

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“The human rights movement hasachieved a huge amount in the last 70 years, but it also means we have so muchmore to lose, so much more to lose, and we have to be very aware of that. Andit can go very quickly. The architecture can disappear very quickly.”

“We must make an appeal to ourpublic, to our people, to resist these centrifugal forces tearing away at themultilateral system.”

“Thestruggle within countries, and internationally, is really on. Because if wewere to assume, I think it’s wrong to always point out the negatives and thensay we haven’t achieved, you know, we have achieved, but the danger is that ifwe 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 andnot take any of the rights we have, the rights others have, for granted and wehave to stand up for the rights of others, if we are going to make this worldsomewhat 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.”

“Tortureis an unequivocal crime, prohibited under all circumstances, bar none. Nomatter what threat to society, it is unjustifiable and illegal to cause pain todefenceless men, women and children. Torture is beneath contempt, and unworthyof any decent society.”

"Inmany countries, we are also witnessing a growing and shocking narrative thatcondones and even incites the use of torture. Torture is portrayed as aneffective short-cut and a lesser evil. But torture is the infliction of pain bya coward, on men, women and children who are captive and defenceless. Itextracts no useful information, because people in extreme pain will say anythingat all. Torture will bring no good to anyone, but it will inflict great evil onmany individuals – and it will corrupt and warp every society where it iscommanded, inflicted and condoned. As a psychologist working in northern Iraqrecently told me, “Take one member of society, torture him, send him back tosociety, and it is as if you had tortured the entire society.”

“Moreover, there needs to be muchbroader understanding of the specific harms and trauma caused by torture, and the assistance required for itshealing. 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 attentiverehabilitation, and the expertise on these and related issues should be comingfrom you. I hope more can be done to disseminate your experience and knowledgeon these topics, including to migrant destination countries. “

“We muststrengthen our advocacy and action for a stronger and wider space for action bycivil society – a space that is under threat in many societies. Last year, theTreaty Body Committees adopted the San José Guidelines Against Intimidation orReprisals, which remind States of their responsibility to prevent andinvestigate acts of reprisals against people who have cooperated with UN humanrights bodies.”

What torture is

Torture is an act of cruelty that denies one’sfundamental human dignity, leaving profound and indelible traces on individualsand societies. Specifically, it is done in the name of the State or with theState’s tacit consent. It is prohibited anywhere and anytime, during allcircumstances; however, torture happens in all areas of the world for bothpolitical and non-political reasons.

Torture finds its most fertile breeding groundsin places of custody or detention, such as police stations, prisons, or otherplaces with imbalances of power outside public scrutiny. Anyone can be a victimof torture, and minorities and marginalized individuals face a heightened riskdue to ethnicity, gender, sexual orientation, or economic status. Theconsequences extend beyond direct suffering; survivors often face long-termmedical and psychological effects.

For the full programme of the OMCT Forum, pleasevisit here. Forum list of speakers List of Forum participants.

About the WorldOrganisation Against Torture (OMCT)

OMCT is short for theWorld Organisation Against Torture – in French, as the organization created in1985 is headquartered in Geneva, Switzerland. OMCT works for, with and throughan international coalition of over 200 non-governmental organizations – theSOS-Torture network – fighting torture, summary executions, enforceddisappearances, arbitrary detentions, and all other cruel, inhuman anddegrading treatment or punishment in the world.

For moreinformation, please visit: www.omct.org.

For our latestcampaign #HumanAgainstTorture: www.joinhat.org.

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For all media inquiries: Lori Brumat, OMCT Head of +41 78 823 0669 or lb@omct.org.