Torture: a crime against humanity

Torture is a crime under international law. According to all relevant instruments, it is absolutely prohibited and cannot be justified under any circumstances. This rule is part of the widely accepted international law. It means that every country must follow it, even if they haven't agreed to specific treaties prohibiting torture. The systematic or widespread practice of torture constitutes a crime against humanity.

The United Nations has condemned torture from the outset as one of the vilest acts perpetrated by human beings on their fellow human beings.

On 12 December 1997, by resolution 52/149, the UN General Assembly proclaimed 26 June the United Nations International Day in Support of Victims of Torture, with a view to the total eradication of torture and the effective functioning of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

The observance serves as a call to action for all stakeholders including UN Member States, civil society, and individuals everywhere to unite in support of the hundreds of thousands of people around the world who have been victims of torture and those who are still tortured today.

There is no excuse for the use of torture

Torture aims to destroy the victim's personality and negates the intrinsic dignity of the human being. Although international law absolutely prohibits torture, it continues to occur around the world.

” There is an increase in the use of torture worldwide. It's partly correlated to the fact that (…) we have more wars going on in this world since 1945. The International Committee of the Red Cross says there are 100 armed conflicts currently going on. And regrettably, with armed conflict comes an uptick in the use of torture and other forms of inhuman treatment”, affirms the UN Special Rapporteur on torture, Alice Jill Edwards.

Although the pretext of safeguarding national security and borders is frequently employed to justify torture and other forms of cruel, inhuman, or degrading treatment, the extensive impact of torture often extends beyond the individual act, potentially perpetuating cycles of violence across generations.

“I rebuke the argument that it's a natural coalescence because I think disciplined troops do not torture. I think enough armies in this world know the rules of law of war. They know that torture is absolutely prohibited in all circumstances. There are no excuses for torture”.

Healing through rehabilitation

Recovering from torture requires prompt and specialized programmes. The work of rehabilitation centres and organizations around the world has demonstrated that victims can make the transition from horror to healing.

The UN Voluntary Fund for Victims of Torture, administered by the UN Human Rights Office in Geneva is a unique victim-focused mechanism that channels funding for the assistance to victims of torture and their families.

Established in 1981 the Fund provides legal, social, humanitarian, psychological and medical services. Beneficiaries include human rights defenders, persons deprived of liberty, children and adolescents, refugees and migrants, victims of enforced disappearance, indigenous peoples, victims of sexual and gender-based violence and LGBTI persons, among others.

To witness how rehabilitation services help torture survivors to heal, watch the UN Torture Fund trailer, featuring interviews with beneficiary organizations, survivors, and trustees.

Why do we mark 26 June?

The UN International Day in Support of Victims of Torture on 26 June marks the moment in 1987 when the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment came into effect. Today, there are 174 State parties to the Convention.

What constitutes torture?

"[T]he term 'torture' means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions." — Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (1984, art. 1, para.1)

Legal standards and instruments

In 1948, the international community condemned torture and other cruel, inhuman or degrading treatment in the Universal Declaration of Human Rights adopted by the United Nations General Assembly. In 1975, responding to vigorous activity by non-governmental organizations(NGOs), the General Assembly adopted the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

During the 1980s and 1990s, progress was made both in the development of legal standards and instruments and in enforcement of the prohibition of torture. The United Nations Voluntary Fund for Victims of Torture was established by the General Assembly in 1981 to fund organizations providing assistance to victims of torture and their families.

The Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment was adopted by the General Assembly in 1984 and came into force in 1987. Its implementation by States parties is monitored by a body of independent experts, the Committee against Torture.

The first Special Rapporteur on torture, an independent expert mandated to report on the situation of torture in the world, was appointed by the Commission on Human Rights in 1985.

In 2002, the Optional Protocol to the Convention against Torture was adopted, a treaty aimed at preventing torture and cruel, inhuman or degrading treatment by allowing for an international inspection system for places of detention. The Protocol also obliges States to set up independent National Preventive Mechanisms to examine the treatment of people in detention, make recommendations to government authorities to strengthen protection against torture and comment on existing or proposed legislation. It is administered by the Subcommittee on Prevention of Torture. To date, 94 States are parties to the Protocol.

Haunted by tales of torture

Dr. Alice Jill Edwards spends many of her days listening to the testimonies of torture victims. “I do remember the faces of most of the people I've met, and in fact, they keep me going in this work. And at the same time, of course, their stories haunt me”, says the UN’s Special Rapporteur on torture. In this episode of the Awake at Night podcast, Edwards reflects on the challenge of holding states to their commitments, and the visible and invisible scars of torture.

The United Nations has repeatedly acknowledged the important role played by non-governmental organizations (NGOs) in the fight against torture. In addition to lobbying for the establishment of United Nations instruments and monitoring mechanisms, they have made a valuable contribution to their enforcement. Individual experts, including the Special Rapporteur on torture and the Special Rapporteur on violence against women, and treaty monitoring bodies such as the Committee against Torture rely heavily on information brought to their attention by NGOs and individuals.