40 Years of Commitment to Human Dignity and the Eradication of Torture
December 10, 1984 marked a milestone in the struggle for human rights: the United Nations General Assembly adopted the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT). The Convention entered into force in 1987, establishing itself as a cornerstone in the prevention and eradication of torture worldwide.
States that have ratified the Convention and its Optional Protocol (OPCAT) are obliged to establish National Preventive Mechanisms (NPMs). These mechanisms are responsible for carrying out periodic visits to places of detention, with the aim of preventing torture through independent and autonomous monitoring of the conditions in which persons deprived of their liberty are held.
Over the past 40 years, this legal instrument has been essential not only to combat torture, but also to ensure justice and reparation for victims.
The definition of torture, set out in Article 1 of the Convention, involves: “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, intimidating or coercing, or for any reason based on discrimination, when such pain or suffering is inflicted by or with the consent of a public official”. This concept underscores the systemic and deliberate nature of torture as a direct attack on human dignity.
Despite its universal prohibition, torture remains a frequent practice in various contexts, mainly in prisons and detention centers in countries in conflict or under authoritarian regimes.
According to an Amnesty International survey conducted in 21 countries, 44% of respondents fear torture if they are arrested. In other words, nearly half of those surveyed fear torture to extract “confessions,” inflict pain, terrorize, and deter others from taking actions that threaten the interests of a particular government.
No circumstance, neither war, nor states of emergency, nor terrorist threats, can justify the use of torture. Torture is even a crime against humanity when it is practiced in a systematic or generalized manner, as established in Article 7.1 of the Rome Statute of the International Criminal Court.
It is worth noting, on the other hand, that in these 40 years, the Convention has served as the basis for the work of the Committee against Torture (CAT), the Subcommittee on Prevention of Torture (SPT) and the United Nations Special Rapporteur on Torture, which have been instrumental in monitoring compliance with state obligations and promoting accountability.
However, challenges persist. Lack of political will, impunity and global humanitarian crises have limited progress. Many governments invest more effort in covering up torture than in investigating or punishing it, perpetuating this prohibited practice.
One pillar of hope is the United Nations Voluntary Fund for Victims of Torture. Since its creation in 1981, this Fund has provided crucial resources for the rehabilitation and reparation of victims, supporting civil society organizations that offer medical, psychological, legal and social services. In 2024, the Fund allocated 183 grants for nearly $8 million, benefiting more than 50,000 survivors worldwide.
In this regard and on the anniversary of the Convention, it is urgent to renew the global commitment to eradicate torture. As highlighted by Juan E. Méndez, UN Special Rapporteur (2010-2016): “The most important way to put an end to torture is to investigate, prosecute and punish anyone implicated in it”.
States must ensure prompt and impartial investigations into all allegations of torture, bring those responsible to justice and provide victims with adequate reparation. This is established in Human Rights Council Resolution A/HRC/46/L.27, which requires the competent authorities to act effectively and independently in the face of this violation.
In short, this anniversary invites us not only to reflect on our achievements, but also to renew our commitment to a world free from torture. The collective action of the United Nations, States, and civil society, together with the responsibility of each individual, has a fundamental role to play in this process.
Mariana Larrosa Fernández, FIBGAR Collaborator
December 10, 2024
