Ahead of the adoption of a list of issues prior to reporting for the review of Italy by the Committee against torture, the FIACAT and ACAT Italy have submitted an alternative report to share their concerns on the implementation of the Convention against torture and other cruel, inhuman or degrading treatment or punishment

The report raised a number of issues related to the criminalization of torture, the national human rights institutions, the national preventive mechanism, the principle of non-refoulement, detention conditions and allegations of excessive use of force and torture by law enforcement officers.

 FIACAT’s inputs for the Special Rapporteur on torture’s annual interim report on psychosocial dynamics conducive to torture and ill-treatment

The International Federation of ACATs, FIACAT, is an international non-governmental human rights organisation, set up in 1987, which works towards the abolition of torture and the death penalty. The Federation brings together some thirty national associations, the ACATs, present in four continents.

Through the work of its member organisations in the field, the FIACAT has documented a number of psychosocial dynamics conducive to torture and ill-treatment whether emanating from States themselves or from the population.

One of the first findings of the FIACAT and its network is the direct link between a poor administration of justice and the prevalence of acts of torture. In many countries, the justice system is plagued by numerous issues preventing it from functioning properly. Thus, corruption among judicial actors, lack of independence, insufficient resources, both human and financial, dedicated to it, and the resulting congestion of the courts are all factors which ultimately contribute to the commission of acts of torture and ill-treatment. In the face of a poor administration of justice, impunity prevails, including with regard to the perpetrators of acts of torture, who are neither prosecuted nor convicted and who mostly enjoy the support of their superiors, who often are those who ordered the commission of such acts. This impunity also has an impact on the perception of the population, which loses confidence in justice and then tends to want to take justice into its own hands, in particular by resorting to mob justice, a phenomenon against which States rarely act. When the population itself resort to such violent acts, the States might be comforted in its use of torture and feel no pressure to end this practice.

In addition, the malfunctioning of the justice system also contributes to prison overcrowding, which in turn leads to ill-treatment and even torture.  Indeed, in many countries, the prison population is largely composed of detainees awaiting trial, sometimes beyond the legal time limits. Many of these detainees are completely forgotten such justice system which favour the richest to the detriment of the poorest. This prison overcrowding is also fuelled by the difficulty of reintegrating released prisoners into society. The lack of public awareness about detention and particularly about pre-trial detention means that detainees are excluded from their communities upon their release, which lead them to fall back into a cycle of criminality that results in an ever-increasing overcrowding of prisons.

The second observation made by FIACAT and its network concerns the public's perception of torture. The first problem raised concerns the public's lack of interest in the problematic of torture. In fact, in some countries, the population feels less concerned by torture and is not interested in this issue. In April 2016, FIACAT's member organisation in France, ACAT France, carried out a survey among more than 1500 people which revealed that one French person out of two did not feel concerned by the issue of torture1. This lack of interest was even more pronounced among the younger generations. The study also noted that the people interviewed had a misconception of torture was not in line with reality. The study also looked at the public acceptance of torture. The study found an increase in the public acceptance of torture in the face of the terrorist threat. While in 2000 25% of respondents accepted the use of torture in exceptional circumstances, this percentage increased to 36% in 2016. 54% of the respondents even accepted that a person suspected of planting a bomb ready to explode could be subjected to electric shocks. One of the main explanations for this percentage is that 45% of the respondents consider that torture is effective in preventing terrorist acts and obtaining reliable information, a statement that has been largely disproved by several studies. This public acceptance of the use of torture in the context of the fight against terrorism contributes to the use of torture and ill-treatment by States which thus feel legitimise in the use of such practice. For example, some countries have reintroduced the death penalty for terrorism-related offences, or introduced derogatory regimes for the custody of terrorism suspects (for example by delaying access to a lawyer, one of the fundamental safeguards for the prevention of torture).

Finally, the last observation made by the FIACAT and its network relates to the behaviour of States towards each other. Indeed, although some States, or intergovernmental organisations, are strongly committed to the fight against torture, their diplomatic mission or representation in a country may refuse to intervene on issues related to torture (for example by refusing to attend trials of human rights defenders subjected to torture or by omitting to refer to torture related issues in the context of bilateral advocacy) because of political considerations.

All of the elements presented are so many factors which favour the use of torture by a State which perceives tolerance or at least ignorance of these acts by its population or even by the international community.

In order to remedy such behaviour and combat torture more effectively, it is necessary, inter alia, to:

Increase public awareness of the absolute prohibition of torture, the forms that this practice may take and the consequences that it entails. Include the absolute prohibition of torture and its means of prevention in the curricula of all actors of the penal chain as part of their initial and in-service training. Strengthen the judiciary in order to guarantee its independence and that the necessary resources are allocated to it, in particular in order to strengthen public confidence in the justice system.

 

1. ACAT France, A world of torture, 2016

PRESS RELEASE

COVID-19: CALLING FOR A WORLDWIDE MORATORIUM ON THE DEATH PENALTY DURING THE PANDEMIC

Paris, 2020/06/04

“When the whole world is trying hard to save lives from COVID-19, an execution by the state is contradictory and perverse” said Kevin Miguel Rivera Medina, President of the World Coalition Against the Death Penalty.

In a statement released today, The FIACAT and the World Coalition Against the Death Penalty call on all countries that still use the death penalty to impose a moratorium on death sentences and executions on the ground that fair trials and fair legal representation are impossible to maintain during the COVID-19 pandemic.

“While some countries now sentence people to death by videoconference, as in Nigeria or Singapore, in others the prison restrictions have seriously infringed the rights of those awaiting execution because courts are stalled and law firms are closed. Options to help people whose lives are at risk are decreasing.”

“The current global health crisis has demonstrated how profoundly unfair the system has been on people already weakened by their heavy sentence. A lack of visits to people on death row and the inability for lawyers and judges to work normally are all unfair consequences of an ill-equipped system.” By comparison, those countries that have had the courage during this time to take a step, big or small, towards abolition shows that our world is made better without this archaic, cruel and degrading practice of capital punishment. For example, Cameroon, Kenya, Morocco and Zimbabwe have granted commutations, which also extended to those sentenced to death.

This 10 October, civil society will mobilize to celebrate the 18th World Day Against the Death Penalty, which will focus on the right to legal representation and highlight the role of lawyers in protecting those facing the death penalty. A right that is fractured by the health crisis since lawyers are less able to assist their clients and who are also economically weakened.

 

Press contact:

FIACAT – Xavière Prugnard, Representative at the African Union, x.prugnard@fiacat.org World Coalition Against the Death Penalty: Aurelie Placais, Director - aplacais@worldcoalition.org

 Burundi: Grave concerns over violence and excessive use of force ahead of elections

Geneva, Bujumbura, On 20 May 2020, Burundian citizens will vote on triple presidential, legislative and municipal elections. International and Burundian organizations expressed their concern over the multiplication of violent acts during the campaign, which already plant the seeds for dissent and the escalation of electoral unrest on voting day. 

Since the beginning of the electoral campaign, civil society has noted with great concern a rise in cases of human rights violations, ethnicity-based hate speech, excessive use of force, political intolerance, clashes between members of political parties, and intimidations and threats towards members of these parties (or individuals perceived as such). 

“After five years of tensions in the country, marked by repeated human rights violations, acts of torture, the exile of political actors, human rights defenders and Burundian citizens, we fear these elections will not bring a permanent solution to the sociopolitical crisis affecting the country since 2015. It is high time to make peace and find a democratic exit to a crisis that has lasted for all too long” said Armel Niyongere, Secretary General of SOS-Torture-Burundi and President of ACAT Burundi.

The last few weeks have taken a heavy toll on human rights. Allegations of violations mention at least 22 deaths, 7 of which were extrajudicial executions and 10 bodies found lifeless; six abductions; two victims of sexual violence, 18 people tortured and 67 arbitrarily arrested. The most affected areas are Bujumbura, Karuzi, Kirundo, Makamba, Muyinga and Cibitoke. Among the registered casualties were three women and two minors. Two more minors were abducted, two women tortured and four women arbitrarily arrested. 

A climate of fear, provocation and slander

All these violent outbreaks are coupled with numerous movement restrictions for certain candidates of the opposition, and prohibitions to organize events in certain places and venues. The reigning climate of fear, provocation and slander risks to turn into more serious clashes during and after the poll. This situation does not bode well for the preservation of peace and the rebuilding of trust between sociopolitical actors. 

“Following the United Nations Commission of Inquiry on Burundi, we encourage the Burundian government to take all necessary measures to protect all its nationals, to investigate all allegations of human rights violations and to punish the culprits. The authorities must take this opportunity to reopen the democratic, civil and political space in the country, thereby allowing free, transparent and credible elections to take place in a peaceful climate” said Gerald Staberock, Secretary General of the World Organisation Against Torture (OMCT). 

The signatory organizations wish to remind the Burundian authorities and Burundi’s international partners that an investigation was opened by the Office of the Prosecutor of the International Criminal Court on the situation in the country since 2015, including on violations of human rights and international humanitarian law. It is therefore crucial that all stakeholders pay particular attention to any deterioration of the situation that could arise from the upcoming poll. 

Signatory organizations: 

SOS Torture Burundi/ Burundi           Action des chrétiens pour l'abolition de la torture (ACAT-Burundi) Collectif des Avocats pour la Défense des Victimes de Crimes de Droit International commis au Burundi (CAVIB)/ Burundi Coalition Burundaise des défenseurs des droits humains (CBDDH) Association Burundaise des Journalistes en Exil (AJBE) Forum pour la conscience et le développement (Focode) Forum pour le renforcement de la société civile (Forsc) Coalition burundaise pour la Cour pénale internationale (CB-CPI) Tournons la Page Burundi (TLP-Burundi) Réseau des citoyens probes (RCP) Coalition de la société civile pour le monitoring Électoral (Cosome) Association burundaise pour la protection des droits humains et personnes détenues (Aprodh) Union burundaise des journalistes (UBJ) Collectif des associations contre l’impunité́ au Togo (CACIT)/Togo Mouvement Ivoirien des Droits Humains (MIDH)/ Côte d’Ivoire Observatoire des Femmes actives de Côte d'Ivoire (OFACI)/ Côte d’Ivoire Center for Human Rights and Democracy in Africa (CHRDA)/ Cameroun Alliance pour l’Universalité des Droits Fondamentaux (AUDF)/ RDC Réseau des Défenseurs des Droits de l’Homme (RDDH)/ RDC Action des chrétiens pour l'abolition de la torture (ACAT/TCHAD) Fédération internationale de l'Action des chrétiens pour l'abolition de la torture (FIACAT) TRIAL International Organisation Mondiale Contre la Torture (OMCT)