HRC55: Torture and current issues in prison management and a visit to Ukraine
The 55th Session of the Human Rights Council
26 February- 05 April 2024
Item 3- Interactive Dialogue with the Special Rapporteur on torture and other cruel, inhuman treatment or degrading treatment or punishment
By Teboho Mosebo / GICJ
Executive Summary
On 8 March 2024, the 20th and 21st meeting of the 55th Regular Session of the Human Rights Council considered two reports of Ms Alice Jill Edwards, Special Rapporteur on torture and other cruel, inhuman ill-treatment, or degrading treatment or punishment (A/HRC/55/52) and (A/HRC/55/Add.1) on the same issue of torture.
Ms Edwards opened the Interactive Dialogue by acknowledging many States that are working hard to improve their legislative, administrative and judicial practices and procedures to prevent and respond to torture and other related ill-treatment. She expressed gratitude to the Governments of Switzerland and Australia for financing her mandate and the Geneva Academy of International Humanitarian Law and Human Rights for hosting her research work. The SR asked the delegates how many of them have shed a tear for those who have been tortured in 2024 and urged them to put their torture tools down. She told the Committee that she need not remind them of millions of people who have been affected by armed conflicts and torture.
The first report of Ms Edwards stressed the significant challenges in prisons. Her report noted that too many people are imprisoned for too long and in conditions that do not meet international standards. She was concerned with overcrowding in prisons and asked States to stop thinking that locking people up would solve social ills. Moreover, the SR highlighted two major global trends that will continue to affect prisoners and staff. She first mentioned that prisons are conducive to spreading infectious diseases, and societies must be ready. She emphasised that prisons must be included in the National Pandemic Plans and requested participants of the new World Health Organisation pandemic instrument to ensure that the particular vulnerability of prisons is adequately reflected in that instrument.
The second challenge the SR highlighted is the responsibility of States to safeguard prisons and prisoners against the effects of climate change. It also outlined that almost 30% of the global population lives in countries more exposed to natural hazards. Ms Edwards called upon States to protect inmates and ensure prisons are climate-appropriate. On the other hand, the SR was concerned with the gaps in and the application of the Mandela Rules. Based on her visit to Ukraine, she concluded that the volume of credible allegations of torture and other ill-treatment acts being perpetrated against Ukrainian civilians are neither random nor incidental but rather orchestrated as part of a State policy to extract information and confession.
A significant number of delegations thanked the Special Rapporteur for her excellent work in making sure that torture and other acts of ill-treatment are prohibited and prevented. However, many expressed great concern about the wrong person conditions like overcrowding, lack of resources and institutional issues that often lead to the torture of prisoners. Therefore, they requested that some international rules be reviewed and implemented effectively, particularly the Mandela Rules. Many civil social groups also welcomed the recommendations of the Special Rapporteur. Still, they were concerned about the use of prisons as an additional hardship of penalisation and called on States to prevent torture.
Conversely, the NGOs confirmed their readiness to cooperate, work with the Special Rapporteur, and support her mandate. However, they were also gravely concerned about the torture of prisoners, particularly women and children, and human rights defenders. They urged Russian forces to refrain from its brutal attacks and continuous torture against the Ukrainians.
The Special Rapporteur concluded the discussion by calling on the Russian Federation to issue a strong and unequivocal directive to all its armed forces and other associated armed groups and other authorities under its command that torture is never permissible and will be punished. Lastly, she suggested an open investigation and allowing international monitors in all places of deprivation of liberty and observance of criminal proceedings.
Background
Dr Alice Jill Edwards is an Australian and the seventh- first woman- to be appointed by the UN Human Rights Council as the Special Rapporteur on Torture and other cruel, inhuman, Degrading Treatment or Punishment. Her appointment was proclaimed on 8 July 2022, and her term began on 1 August 2022. She was also Head of the Secretariat of the Convention Against Torture Initiative (CTI), understood the challenges, obstacles and opportunities for reform, and engaged in respectful and courteous dialogue.
The recent activities of Ms Edwards include her two official country visits, to Ukraine from 4 to 10 September 2023 and Chile from 16 to 27 October 2023. She issued 52 communications to States and non-State actors and 42 press statements, individually or jointly with other mandate holders. During the reporting period, the Special Rapporteur presented a report to the Human Rights Council on good practices in national criminalisation, investigation, prosecution and sentencing for offences of torture and a report to the General Assembly, containing an annual overview of the state of torture in the world, alongside a thematic study on the global trade in weapons, equipment and devices used by law enforcement and other public authorities that are capable of inflicting torture and other cruel, inhuman or degrading treatment or punishment.
The Special Rapporteur undertook 15 public engagements in multiple jurisdictions to raise awareness and offer technical advice on the prohibition of torture and met with a range of government delegations and other stakeholders throughout the year. During the reporting period, the Special Rapporteur’s work was referred to in more than 250 publications in approximately 60 countries. The Special Rapporteur condemned the use of torture and, urged States to consider her recommendations, and stated that she is ready to work with many States to prevent torture.
Report of the Special Rapporteur on Torture and other cruel, inhuman ill-treatment or Degrading Treatment or Punishment.
In her report, Ms Edwards outlined current issues relating to prison management, including Human Rights-Complaint management. She highlighted that prisons are often too harsh and complex environments to manage, particularly when they operate without the necessary human, physical and financial resources. While investing in prisons is seldom high on political agendas, especially in difficult economic times or when resources are stretched, Ms Edwards emphasised that the situation must change to ensure that prisons do not become incubators for crime and corruption, leading to high rates of recidivism, or become places where humans are “warehoused” to waste away and never fulfil their potential. According to her report, neglecting prisons and failing to treat prisoners as human beings have severe ramifications for society and do not keep the public safe.
The Special Rapporteur argued that effective prison management must be governed by transparent and comprehensive regulations regularly updated to reflect changing circumstances and best practices. The rules should always be consistent with relevant national and international law. For prisons to run well, prison rules must be current and enforceable.
Information about the prison population, crime trends, and statistics are essential to good decision-making and require prison registries and records to be updated, accessible and searchable. As the prison system is only one part of the criminal justice system, there needs to be good communication flow between the relevant ministries, administrations and personnel. The responsibility to prevent torture and other ill-treatment falls to multiple actors (such as prosecutors, judges, police and correctional services), all of whom must participate with updated knowledge. Ireland, for example, operates a “no surprises” policy in which the prison service alerts the Department of Justice to significant governance-related issues.
One of her recommendations on this issue includes Governments undertaking prison reforms and broader criminal justice reforms. Such reforms should involve all relevant State actors, including judges and prosecutors, in the light of their responsibilities to prevent and avoid possible complicity in subjecting prisoners to torture or inhumane conditions. Such reforms also need to address financial, human and technical resource questions. National human rights institutions, national preventive mechanisms, civil society and representatives of different prisoner groups should be consulted. Also, the SR recommended that prisons be primarily considered as places where criminal behaviour is corrected positively and prisoners can break the vicious cycle of involvement in criminal activity and reintegrate into the community.
The Special Rapporteur further touched on a vital issue of safeguarding prisoners against climate change and natural disasters. She underscored that prisons must be included in national disaster risk reduction and response plans. Almost 30 per cent of the global prison population lives in the 12 countries most exposed to natural hazards. The Special Rapporteur calls on Governments to map prisons located in high-hazard exposure areas to aid preparedness and crisis response and to inform the siting and construction of new facilities. A project of the International Committee of the Red Cross (ICRC) in the Philippines found that around a quarter of the 130,000 detainees were in areas at high risk of floods, drought, typhoons, landslides, heatwaves, earthquakes and volcanoes. (b) Emergency response planning needs to include procedures for particular groups in vulnerable situations, including persons with disabilities, older prisoners and those with health conditions. (c) States should protect prisoners, including helping them avoid temperature-related illnesses during heatwaves or sudden cold weather.
Moreover, air conditioning and adequate access to ventilation, showers, and drinking water can help counteract extreme conditions. The SR stated that the Committee against Torture urged that measures be taken about reported prisoner deaths caused by extreme heat exposure in unbearably hot and poorly ventilated prisons. The European Court of Human Rights found that high cell temperatures constitute inhuman and degrading treatment. Hot temperatures are linked to higher rates of violence, mortality and suicide and exacerbate the spread of communicable diseases. According to Ms Edwards, some recommendations are to ensure that early warning systems are implemented. She made an example of prisons in Indonesia and the United States of America, where they have access to services that provide information on disaster risks or extreme weather so that prisoners can be evacuated before a disaster strikes. Evacuation plans and contingency plans for food, water and shelter should be prison- and disaster-specific. In Indonesia and the Philippines, operational plans and guidelines respond to different types of disasters and define what is required in each event.
Regarding her visit to Ukraine, the Special Rapporteur expressed her gratitude to the Government of Ukraine for their invitation and cooperation. She noted that based on the credible allegations of torture, is that torture is an element of Russian policy used against Ukrainian civilians. She reiterated her calls to the Russian Federation to issue a strong and unequivocal directive to call all its armed groups and other authorities under its comma that torture is never permissible and it will be punished. Ms Edwards noticed that some Ukrainian camps are well organised and clean according to international standards. Her report, however, raises several concerns about prison conditions in Ukraine. She argued that Ukrainians charged with collaboration are abused by Ukrainian officials, primarily after capture or arrest during transit and called for Ukrainian authorities to investigate such allegations promptly.
The Special Rapporteur made recommendations to Ukraine, Russia and the International Community. She advised Ukraine to continue to take all possible measures to investigate and prosecute, where appropriate, alleged perpetrators of conflict-related torture and other ill-treatment or punishment, irrespective of their nationality, promptly, impartially, effectively and thoroughly and provide victims and their families access to effective remedies and full reparation. On the other side, Ms Edwards urged Russia to investigate and prosecute, where appropriate, all alleged conflict-related acts of torture and other ill-treatment and provide effective remedies and adequate compensation to victims and survivors. Lastly, The Special Rapporteur encouraged the international community to continue to provide technical assistance and support to the Ukrainian authorities to ensure that conflict-related alleged crimes of torture or ill-treatment are investigated and prosecuted, as appropriate, per international standards.
Interactive Dialogue on the Report of Special Rapporteur
erpetrators accountable. She highlighted that three years later, Ukraine is still suffering from Russia’s continuous torture, ill-treatment and coercive strategies. Numerous UN mechanisms have identified that the use of
torture and ill-treatment by Russia against Ukraine is a widespread and systematic practice. The delegate outlined that it has reached such a level that one can speak about state-indoor policy: Policies that are aimed at intimidating, instilling fear and such against the Ukrainians, civilians and prisoners of war. It puzzled the delegate that around 90% of the Ukrainian prisoners of war have been subjected to torture, rape, sexual violence, threats or other forms of ill-treatment.
Moreover, the Ukrainian delegate stated that there is abundant evidence of such horrific acts in all liberated territories. She referenced a recent UN report which revealed the existence of torture chambers for prisoners of war and civilians in the areas of Ukraine previously or currently occupied by the Russian forces. In these areas, people are held in inhumane conditions, being subjected to beatings, electric shocks and all types of violence, including sexual and gender-based violence and humiliating treatment. According to the delegate, in some regions of Ukraine, torture chambers have been documented, with almost 100 cases of torture being investigated in the Harkin region and close to 700 victims identified. She further highlighted that approximately 28,000 Ukraine civilians have been unlawfully detained and convicted by Russia on politically motivated grounds, including media workers, human rights defenders, civil rights activists and representatives of youths. The delegate emphasised that daily, Russia continued the violation and abuse of international humanitarian and human rights law and urged the international community to stand up to this challenge by demanding Russia stop the practice of torture and ill-treatment of civilians and called for their safe release and return to Ukraine and bring the perpetrators to accountability.
In her conclusion, the delegate of Ukraine called upon all the UN Member States to support the work of the recently launched International platform for the release of civilians unlawfully detained by the Russian Federation, which is in alignment with President Zelenskky's peace formula. The delegate stressed that the prohibition of torture and other cruel treatment is a cornerstone which must be strictly upheld. She declared torture and other inhumane treatment and punishment as war crimes and, strongly emphasised that no justification exists for such acts, and called to the international community to stand united to prevent torture and ensure justice for the victims. As her speech was on the International Day of Women, she concluded by sending thoughts to women who are in Russia in detention, being subjected to torture and ill-treatment.
European Union delegate stated that the General Assembly adopted a landmark convention, a collective blueprint guiding States on how to effectively prohibit and prevent all forms of torture and ill-treatment. The delegate indicated that currently, 173 states, including all EU Member States, have pledged themselves to achieve the objectives of the Convention. She highlighted that the absolute prohibition of torture has since been recognised as a jus cogens norm.
The EU delegate thanked the Special Rapporteur for her work to increase awareness and advise States on how to make this absolute prohibition of torture a reality in all parts of the globe. The EU shared the SR's concern over the increase in police violence against peaceful protesters and the use of torture and intimidation to squash political opposition and dissent. She also agreed that prevention of crime, diversion and the use of improvement alternatives must be highly prioritised for the prevention of torture and other ill-treatment.
In her conclusion, the EU delegate asked the SR a question, especially in light of the 40th anniversary of the Convention Against Torture. She asked what main challenges and obstacles the Special Rapporteur has encountered for States in ratifying it and how she plans to overcome them. Lastly, the EU delegate requested the SR elaborate on minimum requirements for ensuring that prison management complies with the principles of non-discrimination and equality.
The Nordic and Baltic countries delegate also thanked the Special Rapporteur for her tireless efforts in the fight against torture. While the States celebrate the 40th anniversary of the Convention, the delegate stressed the significance of ensuring a strong and sustained response to torture globally. As with the Nordic and Baltic countries, they commended the Special Rapporteur for her great work relating to good prison management practice. The delegate firmly stated that all prisoners should be treate
stion around these standards and the undeniable lousy treatment of prisoners and asked what opportunities the Special Rapporteur saw for feeding into the possible provision of such instruments.
On behalf of a group of countries, the Chilean delegate agreed that prison conditions should not be an additional penalty for loss of freedom. It urged that international standards be applied, particularly the Mandela Rules, as a guide. However, the delegate said that the lack of resources and increasing institutional issues complicate the application of the rules. He further indicated overcrowding as one of the
The delegate of Canada also represented a group of countries and, like other States, thanked the SR for her positive contribution in ensuring that torture is prohibited. The delegate reminded the panel that States are responsible to persons deprived of their liberty to ensure they are treated with dignity and respect. She also tapped into the issue of overcrowding in prisons (a grave concern to them), which creates conditions conducive to diseases, corruption and violence. As a group of countries, they welcomed the SR's recommendations for meeting the different needs of particular groups. The delegate reminded the Council of the resolution it adopted in 2023, which underscored that women and girls are at high risk of being subjected to sexual and gender-based violence and now torture. She highlighted that people are incarcerated for minor crimes and that things such as systematic racism, discrimination and poverty perpetuate violence in criminal justice systems.
rrests for women and mothers of children with disabilities. Brazil has also created a national plan for incarcerated indigenous people- which includes the promotion of their rights and freedom to practise their religion. The Brazilian delegate closed by asking the SR how beliefs, international cooperation, and capacity building could help improve prison management and guarantee human rights, particularly in developing countries.
ment, including asking them to undress, sexual harassment or threats to perform sexual acts by those in occupation of power. He called for urgent international action to stop these violations. The Kuwait delegate elaborated on how, at a global level, his country’s constitution confirms dignity and freedom for all people, including the detainees. He referred to article 34 of their constitution, which guarantees a fair trial, provides rights to the defence of the accused, and prohibits harm to the accused, both physically and psychologically. Kuwait reiterated its full and continuous cooperation with the Special Rapporteur on torture as part of protecting and promoting human rights.
Poland aligned itself with the EU statement and said that torture and other ill-treatment are among the most essential violations of human rights and human integrity and are prohibited by international law. The Poland delegate outlined that this year’s (2024) 40th anniversary of the Convention Against Torture and other cruel, inhumane or degrading treatment should mobilise the entire international community to take adequate measures to eliminate torture and other violence being perpetrated against people. The delegate confirmed his country’s readiness to cooperate with the SR and to support her mandate. He reiterated that prevention of torture and other ill-treatment remains a cornerstone of Poland’s human rights policy. The delegate finished by highlighting that severe overcrowding contributes to torture and asked how may this negative situation exacerbate the situation of human rights defenders incarcerated in some parts of the world.
Switzerland,, a host nation of HRC55, also thanked the SR for her recommendations. The Swiss delegate mentioned that despite the 40th anniversary of the Convention, some countries have not yet ratified the Convention and that torture and other inhumane treatment remain an issue in many places. The delegate told the panel that there are various instruments to fight and prohibit torture. Among other instruments, he mentioned the importance of prisons being open for regular, transparent and impartial regulatory bodies. He labelled torture as part of jus cogens and called for it to be upheld.
Moreover, the Swiss delegate indicated how torture is used in emergencies and wars. While the ratification of the Convention Against Torture is imperative, the delegate, however agreed that it is not a single end to torture. In closing, the delegate requested the SR to develop her recommendations, elaborating the implementation of a global strategy for meeting the unique needs of women in detention.
The French delegation said they seek absolute prohibition of torture and recognition of justice for victims. France called for universalisation of the Convention and its Optional Protocol. The delegate highlighted that torture continues to be used by Russian public authorities against the Ukrainians. It said it’s regrettable that it remains an issue and reiterated their support in combating torture. France mentioned that it continues its policy to support victims and to fight impunity. He confirmed that France continues to support the development of legal instruments for fighting torture, working with a global alliance.
Georgia, on the other side, agreed that regular and transparent monitoring serves as an essential tool to prevent torture and other forms of ill-treatment. According to the Georgian delegate, there are principles in Georgia which aim at effective implementation, protection, dignity, and promotion of prisoners. She mentioned how a sub-committee on the prevention of torture explicitly found no allegations of ill-treatment against prisoners. Unfortunately, the delegate expressed that justice still has not been served for the cases of torture and deprivation of liberty. She concluded by stating that the ongoing Russia clash with Ukraine has claimed the lives of two Georgians and emphasised that bringing the perpetrators to justice is of vital importance.
The delegate of Togo laid down his country’s progress in fighting torture and strengthening its human rights policies. He reminded the panel that it is imperative to recall that Togo abolished the death penalty in 2009 and ratified the Second Optional Protocol to the ICCPR. The delegate argued that his country’s Constitution reform in 2019 has yielded institutional and operational changes. He made an example of the National Human Rights Commission, which claimed that its independence has been strengthened and prerogative has been extended, particularly when it comes to the national preventive mechanism for torture. He highlighted that Togo has ensured a prison environment to combat torture and related offences. He further supported this by saying that this is why, through the emergency support program for the prison sector, his country has undertaken reforms to improve the prison conditions of detention and overcome prison overcrowding. He concluded by saying that measures have been initiated.
Ghanaian delegate expressed gratitude to the SR for her comprehensive report, which outlines some of the vital issues relating to prison management worldwide. The delegate said her country believes that torture is not only morally understandable but also ineffective and counter-productive in achieving security objectives. Furthermore, she referenced Ghana’s Article 15/2 of the Constitution, which stipulates that there are no prisoners to be subjected to torture or other inhuman treatment when arrested or detained. That is why Ghana, as a member of the core group of the Convention Against Torture Initiative, firmly opposes and condemns all forms of torture and ill-treatment around the world. Ghana agreed with SR recommendations, which urged States to develop a National Action Plan on treating children in criminal justice systems. According to the Ghanaian delegate, their Government collaborates with civil society organisations to provide juvenile inmates with vocational support primary education, and other welfare packages to ensure that inmates benefit from the correctional facilities and become useful in society in their release.
Concluding Remarks
Ms Edwards, thanked all the participants for their contribution and confirmed her readiness to work with States and do more country visit. She highlighted that even though some countries declined her official country visit, she is still open to receive invitation from them. The Special Rapporteur underscores the urgent need for prison reform globally. She urges States to undertake such reforms not in isolation, but with the full engagement of the wider criminal justice system. She is ready to assist States to usher in a new modern era of just and humane prison practices and management.
Geneva International Centre for Justice (GICJ) welcome the report of the Special Rapporteur and commend her on the positive contribution regarding the prevention and fight against torture. However, GICJ is also concerned about current issues in prison management, particularly the overcrowding, torture, beatings of prisoners and climate change that affects the detainees. We further agree with the SR that certain International rules needs to be reviewed, especially the Mandela Rules which is the international guidance. GICJ strongly condemn the ongoing captivity, torture and ill-treatment by Russian forces against the Ukrainians and in other parts of the world. Torture and ill-treatment must be prohibited and this can be achieved if the international community work together. Lastly, we call upon the officials around the world who are perpetuating torture against any civilians, to refrain from such inhuman and immoral acts and to start respecting the Convention and international standards in general.
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