The United Nations Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Alice Edwards, confirmed that many countries, including eleven Arab countries, have failed to investigate cases of torture, in the context of a report submitted to the Human Rights Council at its fifty-second session.
Her research into national criminal laws indicates that legislative practice shows that many countries, including 11 Arab countries, "recognize torture as an explicit crime, however, the definition of torture is not fully in line with article 1 of the Convention against Torture, which requires further legislative amendments," the UN expert's report said. Combating torture is one of Alkarama's priorities and one of the key issues it has been working on for years, by helping victims and their families gain access to relevant UN mechanisms, including the Committee against Torture and the Special Rapporteur on torture, encouraging victims and their families to disclose the forms of torture they have been subjected to and working to stigmatize and hold perpetrators accountable.
In this context, the UN expert called on governments to pay attention to efforts to address torture with a view to ending impunity and achieving justice for victims. "The national duty to investigate torture is not being implemented globally and this is a cause for concern," she said. Despite the dramatic rise in the number of international criminal tribunals "and our collective commitment to these entities, their capacity to deal with the scale and scale of the crimes of torture committed today is far from sufficient", according to the UN expert, who urged governments around the world to "take responsibility for justice" within their countries for crimes of torture, to achieve serious accountability, healing and reconciliation.
The report highlighted key obstacles to full and prompt investigations into allegations of torture, including institutional, regulatory, political and practical challenges. In her report, the Special Rapporteur noted a "glaring gap" between the promise and the reality of the international prohibition of torture. States had a duty to criminalize and investigate torture in national law, to prosecute or extradite suspects, and to punish perpetrators with penalties reflecting the gravity of the crime. Very few incidents of torture and other ill-treatment have been officially reported, noting that cases are suspended or withdrawn before a satisfactory outcome is reached.
"The difference between the crime of torture and an ordinary crime is that torture is – first and foremost – a crime committed or permitted by state agents. "This asymmetry of force between the accused and the accused puts the alleged victim in a very dangerous position." The report documented how victims were often threatened and intimidated to withdraw their claims, exposing them to malicious counter-allegations and associated reputational damage or distrust of "the course of justice."
"The complainants may still be in detention or under the control of the same authorities against whom they are making the allegations," said Alice Edwards. There are real risks of reprisals and violence, including further torture or disappearance. There is a high risk." It called on States to take a number of steps, including the establishment of independent investigative bodies to ensure that victims and survivors are fully empowered and enable them to participate effectively in any legal proceedings relating to torture. It urged States to treat complainants with due respect and to provide appropriate rehabilitation and protection measures.
"Early access to trauma counselling and other forms of rehabilitation not only serves the complainants' mental health, but also helps them become more reliable witnesses in court proceedings," said the UN expert.
"Nationally conducted torture trials do not pose a threat to state authority. On the contrary, the government's legitimacy is threatened by torturing people, refusing to investigate and prosecute perpetrators, and allowing perpetrators of torture to go unpunished. "The legitimacy of the state will be strengthened if it truly defends truth and justice, rather than being seen as complicit in the crime of torture."