07.04.04
Statements
Intervention under Item 12 at the 60th session of the Commission on Human Rights: violence against women
Commission on Human Rights
60th Session – 15 March – 23 April 2004
Item 12: Violence against Women
Oral Statement by the OMCT Violence against Women Programme
Mr Chairperson,
In the context of its Violence against Women Programme, the World Organisation Against Torture (OMCT) has continued to document cases of violence against women during the past year, which has proven to be a truly universal problem. Although the distinct social, cultural and political contexts give rise to different forms of violence, its prevalence and patterns are remarkably consistent, spanning national and socio-economic borders and cultural identities.
Inasmuch as international definitions of torture are narrowly interpreted, women are denied equal protection against torture under both international and national law resulting in widespread impunity for the perpetrators of torture and other cruel, inhuman or degrading treatment or punishment committed against women. OMCT notes that gender has a determinative impact on the forms that torture takes, circumstances in which it is carried out, its consequences and the availability of and accessibility of reparation and redress. Torture and ill-treatment of women often has a sexual nature or is aimed at curtailing her sexuality.
Mr Chairperson,
As last year, OMCT expresses concern about the reports of sexual forms of torture of women in Turkey which continue to occur without redress. The case of the abduction and sexual torture in June 2003 of Gülbahar Gündüz, member of the executive board of the Istanbul Branch of DEHAP (a pro-Kurdish political party), by men who identified themselves as police officers illustrates the dangers that exist for Kurdish women and women who are expressing themselves at the political level. Ms Gündüz was beaten, burnt with cigarettes, sexually tortured and threatened with death while blindfolded. The police officers reportedly told her that she should not be leading political activities because she is a woman and that this would be a lesson to her. A detailed complaint was filed with the police, however, without an impartial investigation of the allegations of the torture, the file was closed in October 2003.
Furthermore, in December 2003, the provincial head of the DEHAP women’s Diyarbakir branch was reportedly kidnapped by plain-clothed security forces. After being physically and sexually tortured and threatened with death and rape, she was reminded by her abductors of the attack on Gülbahar Gündüz.
Women in detention centres in Cameroon are particularly vulnerable to gender-specific forms of torture such as rape and other forms of sexual violence by both prison guards and other inmates. There are cases of women who are housed naked in mixed cells with men, they are stripped naked, forced to dance naked; their bodies are insulted and mocked or forced to stand in the sun naked. OMCT is concerned about the reported impunity for the perpetrators of acts of torture. One of the causes of impunity is that victims of torture or their relatives are reluctant to lodge complaints, through ignorance, distrust or fear of reprisals. In particular, when the method of torture consists of rape or sexual assault, it is even less likely that the victim will complain out of fear and shame.
OMCT also wishes to draw the attention of the Commission to the sexual violence against women during Burundi’s ten-year civil war. Information received suggests that rape of women has increased dramatically during the past year. Women are raped during military operations or raids during night-time by government soldiers, armed groups and criminal groups. Most cases of rape go unreported due to the social stigma attached to sexual violence. However, if reported, the rapes cases are not adequately investigated, prosecuted, punished and repaired, which has helped to create a climate of impunity that perpetuates sexual violence against women as a weapon of war by government and opposition forces.
Mr Chairperson,
Although much attention has been paid to crimes against women committed in the name of honour in recent years, women continue to be subjected to these crimes by their fathers, husbands, brothers or other family members when they have been accused of acting in a way inconsistent with their socially prescribed role, usually with respect to their sexuality.
OMCT would especially like to draw the attention of the Commission to so-called “honour” crimes in Pakistan. Hundreds of women are reportedly killed each year in Pakistan by relatives claiming to defend family honour, despite national laws which prohibit this practice. Most of those perpetrators of “honour” crime cases escape punishment due to a lack of commitment by the judiciary and law enforcement officials to apply these laws.
On 5 February 2004, Mr Bhooro Subzoai together with an accomplice shot dead his aunt, Ms Malookan, and Mr Ali Dost, whom he claims to have suspected of having committed adultery. However, relatives of the deceased have rejected the accusation, and have claimed that it was a ruse for the killing, which arose out of a family feud. Although two police reports were filed on the case and two separate sets of charges laid against the alleged murderers and other accomplices, to date the police have not taken further action.
On 21 February 2004, Ms Shahul, a 25 year old woman, was killed by her husband. Reports indicate that Mr. Manthar Ali Shar had accused his wife of having illicit sexual relations (karo kari), classifying this killing as one perpetrated in the name of "honour." The information received on this case indicates that the case may be disposed compoundable under the Ordinance of Qisas and Dayat (whereby the offender can escape punishment by providing compensation to the victim's family).
The impunity of the perpetrators is one of the main contributing factors for the continuing problem of crimes committed in the name of honour. Moreover, the Hudud Ordinances of Pakistan which prescribe punishment for adultery in a discriminatory manner towards women underpins impunity for the perpetrators of “honour” crimes.
OMCT welcomes the fact that the President of Pakistan called for an end of the practice of “honour” crimes in February of this year and calls upon the government of Pakistan to investigate, prosecute and punish the perpetrators with due diligence. OMCT recalls that the Declaration on the Elimination of Violence against Women, in article 4(c), states that States should "exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of violence against women, whether those acts are perpetrated by the State or by private persons."
In the light of the abovementioned cases, OMCT urges that the particular vulnerability of women and girls to torture and the gender-specificities of torture are acknowledged and integrated into the relevant United Nations human rights mechanisms and procedures at all levels and that governments accept responsibility to end all forms of torture of women.
In particular, OMCT urges the Commission to recognise the links between gender and torture and ill-treatment by ensuring that gendered causes and consequences of torture and ill-treatment are fully integrated within the torture resolution. Moreover, OMCT would like to call upon the Commission to re-include in its torture resolution the explicit recommendation to the Special Rapporteur on torture to take special note of the situation of women as was done in the year 2001 and before.
Thank you Mr Chairperson.
For further information concerning OMCT’s Violence Against Women Programme please contact the women’s desk at: cbb@omct.org or loh@omct.org
60th Session – 15 March – 23 April 2004
Item 12: Violence against Women
Oral Statement by the OMCT Violence against Women Programme
Mr Chairperson,
In the context of its Violence against Women Programme, the World Organisation Against Torture (OMCT) has continued to document cases of violence against women during the past year, which has proven to be a truly universal problem. Although the distinct social, cultural and political contexts give rise to different forms of violence, its prevalence and patterns are remarkably consistent, spanning national and socio-economic borders and cultural identities.
Inasmuch as international definitions of torture are narrowly interpreted, women are denied equal protection against torture under both international and national law resulting in widespread impunity for the perpetrators of torture and other cruel, inhuman or degrading treatment or punishment committed against women. OMCT notes that gender has a determinative impact on the forms that torture takes, circumstances in which it is carried out, its consequences and the availability of and accessibility of reparation and redress. Torture and ill-treatment of women often has a sexual nature or is aimed at curtailing her sexuality.
Mr Chairperson,
As last year, OMCT expresses concern about the reports of sexual forms of torture of women in Turkey which continue to occur without redress. The case of the abduction and sexual torture in June 2003 of Gülbahar Gündüz, member of the executive board of the Istanbul Branch of DEHAP (a pro-Kurdish political party), by men who identified themselves as police officers illustrates the dangers that exist for Kurdish women and women who are expressing themselves at the political level. Ms Gündüz was beaten, burnt with cigarettes, sexually tortured and threatened with death while blindfolded. The police officers reportedly told her that she should not be leading political activities because she is a woman and that this would be a lesson to her. A detailed complaint was filed with the police, however, without an impartial investigation of the allegations of the torture, the file was closed in October 2003.
Furthermore, in December 2003, the provincial head of the DEHAP women’s Diyarbakir branch was reportedly kidnapped by plain-clothed security forces. After being physically and sexually tortured and threatened with death and rape, she was reminded by her abductors of the attack on Gülbahar Gündüz.
Women in detention centres in Cameroon are particularly vulnerable to gender-specific forms of torture such as rape and other forms of sexual violence by both prison guards and other inmates. There are cases of women who are housed naked in mixed cells with men, they are stripped naked, forced to dance naked; their bodies are insulted and mocked or forced to stand in the sun naked. OMCT is concerned about the reported impunity for the perpetrators of acts of torture. One of the causes of impunity is that victims of torture or their relatives are reluctant to lodge complaints, through ignorance, distrust or fear of reprisals. In particular, when the method of torture consists of rape or sexual assault, it is even less likely that the victim will complain out of fear and shame.
OMCT also wishes to draw the attention of the Commission to the sexual violence against women during Burundi’s ten-year civil war. Information received suggests that rape of women has increased dramatically during the past year. Women are raped during military operations or raids during night-time by government soldiers, armed groups and criminal groups. Most cases of rape go unreported due to the social stigma attached to sexual violence. However, if reported, the rapes cases are not adequately investigated, prosecuted, punished and repaired, which has helped to create a climate of impunity that perpetuates sexual violence against women as a weapon of war by government and opposition forces.
Mr Chairperson,
Although much attention has been paid to crimes against women committed in the name of honour in recent years, women continue to be subjected to these crimes by their fathers, husbands, brothers or other family members when they have been accused of acting in a way inconsistent with their socially prescribed role, usually with respect to their sexuality.
OMCT would especially like to draw the attention of the Commission to so-called “honour” crimes in Pakistan. Hundreds of women are reportedly killed each year in Pakistan by relatives claiming to defend family honour, despite national laws which prohibit this practice. Most of those perpetrators of “honour” crime cases escape punishment due to a lack of commitment by the judiciary and law enforcement officials to apply these laws.
On 5 February 2004, Mr Bhooro Subzoai together with an accomplice shot dead his aunt, Ms Malookan, and Mr Ali Dost, whom he claims to have suspected of having committed adultery. However, relatives of the deceased have rejected the accusation, and have claimed that it was a ruse for the killing, which arose out of a family feud. Although two police reports were filed on the case and two separate sets of charges laid against the alleged murderers and other accomplices, to date the police have not taken further action.
On 21 February 2004, Ms Shahul, a 25 year old woman, was killed by her husband. Reports indicate that Mr. Manthar Ali Shar had accused his wife of having illicit sexual relations (karo kari), classifying this killing as one perpetrated in the name of "honour." The information received on this case indicates that the case may be disposed compoundable under the Ordinance of Qisas and Dayat (whereby the offender can escape punishment by providing compensation to the victim's family).
The impunity of the perpetrators is one of the main contributing factors for the continuing problem of crimes committed in the name of honour. Moreover, the Hudud Ordinances of Pakistan which prescribe punishment for adultery in a discriminatory manner towards women underpins impunity for the perpetrators of “honour” crimes.
OMCT welcomes the fact that the President of Pakistan called for an end of the practice of “honour” crimes in February of this year and calls upon the government of Pakistan to investigate, prosecute and punish the perpetrators with due diligence. OMCT recalls that the Declaration on the Elimination of Violence against Women, in article 4(c), states that States should "exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of violence against women, whether those acts are perpetrated by the State or by private persons."
In the light of the abovementioned cases, OMCT urges that the particular vulnerability of women and girls to torture and the gender-specificities of torture are acknowledged and integrated into the relevant United Nations human rights mechanisms and procedures at all levels and that governments accept responsibility to end all forms of torture of women.
In particular, OMCT urges the Commission to recognise the links between gender and torture and ill-treatment by ensuring that gendered causes and consequences of torture and ill-treatment are fully integrated within the torture resolution. Moreover, OMCT would like to call upon the Commission to re-include in its torture resolution the explicit recommendation to the Special Rapporteur on torture to take special note of the situation of women as was done in the year 2001 and before.
Thank you Mr Chairperson.
For further information concerning OMCT’s Violence Against Women Programme please contact the women’s desk at: cbb@omct.org or loh@omct.org