statement of the CINAT about June 26, 2005

26 June 2005 – International Day in Support of Victims of Torture On the occasion of the 26th of June 2005 – the International Day in Support of Victims of Torture – the Coalition of International NGOs Against Torture (CINAT)1 welcomes the adoption by the 2005 United Nations Commission on Human Rights of the “Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights and Serious Violations of International Humanitarian Law”. This instrument constitutes an important means for ensuring that States comply with their obligations under international law to guarantee an effective remedy and reparations when violations of international human rights and humanitarian law occur, including torture and other cruel, inhuman or degrading treatment or punishment, as well as to prevent the commitment of future violations. However, despite this landmark recognition of the rights of victims of torture and other crimes under international law, the widespread practice of torture and other cruel, inhuman or degrading treatment or punishment continues throughout the world. Moreover, impunity for government officials who order or are otherwise involved in torture and ill-treatment persists, including amongst States that had been role model advocates of human rights in the recent past. In this context, CINAT reiterates its concerns at measures that States are taking in the name of countering terrorism that constitute and/or facilitate the use of torture and other cruel, inhuman or degrading treatment or punishment as well as their attempts to justify them. CINAT reaffirms:

• the absolute nature of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment under international law;


• the principle of non-refoulement which prohibits without exception the return of a person to other States where he or she faces a real risk of torture and other cruel, inhuman or degrading treatment or punishment — even when the receiving State affords diplomatic assurances that the returned person will not be subject to torture or other forms of ill- treatment;


• the prohibition under international law against invoking as evidence in any proceedings statements that have been made as a result of torture and other cruel, inhuman and degrading treatment and punishment, except against a person accused of torture as evidence that the statement was made.


• the right to an effective remedy and adequate forms of reparation for victims of torture and other forms of ill-treatment, including access to effective safeguards such as the right to habeas corpus and the right to access a lawyer while in detention.

CINAT calls on all Governments to show their commitment to abolish torture and other forms of ill-treatment by signing, ratifying and implementing the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment as well as the Optional Protocol to this Convention (OPCAT). 1CINAT is a coalition of the following international NGOs: Amnesty International (AI), the Association for the Prevention of Torture (APT), the International Federation of ACAT – Action by Christians for the Abolition of Torture (FI.ACAT), the International Commission of Jurists (ICJ), the International Rehabilitation Council for Torture Victims (IRCT), The Redress Trust (REDRESS) and the World Organization Against Torture (OMCT). Copenhagen, Geneva, London, Paris, 24 June 2005 Contacts: AI - Yuval Ginbar – Tel. + 44 20 74 13 57 39 APT - Edouard Delaplace, Tel. + 41 22 919 21 83 FIACAT - Bernadette Jung, Tel. + 33 1 42 80 01 60 ICJ – Ian Seiderman, Tel. + 41 22 979 38 23 IRCT - Nieves Molina, Tel. + 45 33 76 06 00 ext 610 REDRESS – Gabriela Echeverria, Tel. + 44 20 77 93 17 77 OMCT – Eric Sottas, Tel. + 41 22 809 49 39