June 26 International Day in Support of Victims of Torture: Where We Stand

Torture is a serious and inhuman violation of human rights, strictly forbidden by international law. Practices of torture strike against the basic principles of dignity, life as well as the core civil and political rights. “No one shall be subjected to torture or to cruel inhuman or degrading treatment or punishment”, this provision, enshrined in the Universal Declaration of Human Rights (UNDHR), is the principle that has been the foundation of the 1984 Convention Against Torture and Other Cruel, Inhuman and Degrading Treatments or Punishments (UNCAT).

The definition of torture varies in different international documents, nevertheless there is general consensus that any “cruel, inhuman and degrading treatment or punishment” must be considered torture. This is not limited to physical injuries but it expands to mental suffering and threats: anyone can be the victim of torture regardless of age, gender and religion.

The Convention, adopted by the UN General Assembly in 1987, intended to “make more effective the struggle against torture throughout the world”.  The following year, the Committee Against Torture (CAT) (art. 17 of the Convention) started functioning, acting as a powerful monitoring mechanism for the Convention.

The role of the Committee is vital because although being prohibited by law, torture continues in hundreds of countries worldwide. In 2001 Amnesty International presented a worrying report, publicly denouncing the use of torture by 140 states between 1997 and 2001.CAT reviews periodic reports by state parties to the Convention; it is also able to invite UN agencies, regional and non-governmental bodies, to submit information. Therefore nongovernmental organizations have the crucial role of informing the Committee about the violations that still occur and to contribute to the eradication of these inhuman practices.

In November 2007 Franciscans International (FI) and Indonesian Partner NGOs, submitted a shadow report on torture to the CAT. The report detailed individual cases of torture in Aceh and West Papua from 1998 to 2007.  This grassroots report became a valuable reference point for CAT during their 2008 UNCAT review of torture in Indonesia. In addition, FI held side events, prior to the 2008 review, showcasing the torture in Aceh, West Papua and the Indonesian archipelago.

On behalf of over 240 unprosecuted individual cases of torture in this region, Anselina Temkon, Mama Anselina, came to Geneva to share her painful story with members of the international community during the “Listen to our voice: Making the case against torture in Papua” event. In addition, FI held another session titled, “Torture in Indonesia: Continuity Amidst Change.”  This event noted that torture still takes place systematically in Indonesia, while ‘change’ signifies the slow process of democratization, which the country is undergoing. The testimonies and other written statements strengthened FI’s submission to CAT. In its initial response to the Government of Indonesia, the Committee recommended several measures to prevent torture and to ensure justice for the victims.

Since the 2008 UNCAT review, FI continued its efforts in West Papua, however, the situation is still critical, says Ms. Elin Martinez Advocacy  Officer of FI.

"In 2008, the CAT highlighted the urgent need for protection of victims of torture, as well as, for all human rights defenders who fight to eliminate this practice. The government was also urged to take steps to prevent cases of torture from occurring in critical areas such as Papua. A year later, the same type of cases continue to be reported, yet no prosecution has ensued and the government has not gone ahead with its commitment to criminalize torture at the national level,” Martinez. “For decades, torture, ill-treatment and other forms of violence have become part of the lives of many indigenous Papuans; together with the Sekretariat Keadilan dan Perdamaian (SKP) we will continue to seek justice for all victims and continue to denounce this at the UN level." 
 
Despite all this, to date only 146 states have ratified the UNCAT.

The use of torture is one of the most immoral and inhuman practices to be used against a human being. June 26 is the United Nations International Day in Support of Victims of Torture.  It reminds us that torture is a crime against the dignity of human beings and that we all have the moral obligation of standing united to voice our opinions against these practices. In honour of this day FI will continue to work to promote the ratification of this convention, and to monitor human rights violations worldwide answering to the call of Franciscans at the grassroots.

Click here to download FI's International Day Against Torture poster here.