37th session (26 February - 23 March 2018)
Item 3: Interactive Dialogue with the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment and with the Special Rapporteur on the Situation of Human Rights Defenders
Statement delivered by the World
Organisation Against Torture (OMCT)
Mr. President,
OMCT welcomes the focus of the reports to the Council by Special Rapporteurs Nils Melzer and Michel Forst.
In a context where migrants are increasingly exposed to the risk of human
rights violations including torture and ill-treatment, both in their countries
of origin and of transit and destination, we express our serious concern over
States’ trend to engage in migration control policies and international
migration agreements - such as the ones between the EU and Turkey or Libya - which undermine or actively disregard the
absolute prohibition of torture and the non-refoulement principle.
We are also alarmed by the growing tendency of States to resort to deprivation of liberty of migrants as a routine or mandatory practice, and stand by Mr. Melzer’s view that such practices all too often fall short of the prohibition of torture and ill-treatment, in particular when involving survivors of torture, children and persons in need of international protection.
Mr. Melzer, what measures should be taken to ensure that governments refrain from such agreements with other States or non-State actors and that do not circumvent their own international obligations to exercise due diligence to prevent and protect migrants from torture at the hands of private actors? Could you further comment on the threshold to establish State responsibility for complicity in torture or other ill-treatment against refugees and migrants?
Mr. Forst, OMCT is also worried by the increased repression and stigmatisation of defenders of the rights of people on the move in a number of countries, such as in Mexico, Greece, Spain and France, as well as by restrictive laws that seriously impact such efforts by civil society, as for example in Hungary.
As stressed in your report, defenders themselves can become people on the move when they are forced to flee their country due to threats. What measures should be taken to guarantee that defenders can continue their activities while in exile, so that States do not succeed in silencing their voices and the ones of victims?
OMCT strongly supports the recommendations of Mr. Forst’s mission report on Mexico and calls on his mandate to engage with the Mexican authorities for their effective implementation, and to urge them to repeal the Law on Internal Security, which would create additional risks for defenders in the country.
We further echo Mr. Melzer’s serious concerns in his mission report over the rising allegations of torture and other ill-treatment since the failed coup attempt of July 2016 in Turkey. Could you confirm whether a follow-up visit has already been scheduled? Given the widespread repression against defenders, has a joint mission with Mr. Forst been considered? It is particularly crucial to continue raising concerns over the dangers of a permanent state of emergency in order to prevent emergency measures that create an environment conductive to torture and impunity from being enshrined into ordinary law.
Finally, OMCT recalls, drawing on Mr. Melzer’s report on extra-custodial use of force presented to the General Assembly, that individuals cannot lose their protection against torture and ill-treatment in the context of protests, and urge those states were excessive use of force to disperse peaceful protests has been documented, such as the DRC, Togo, Sudan, Spain or Honduras, to uphold the prohibition of torture and carry out prompt and effective investigations.
Thank you.
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