Respect for human rights and the complete prohibition and refraining from practices, acts and actions amounting to torture and inhuman or degrading treatment or punishment are the constituent elements of a Rule of Law.
26 June was established in 1998 by the UN General Assembly as the United Nations International Day in Support of Victims of Torture.
Torture constitutes, under international law, a crime against humanity with an absolute prohibition, which is binding on all members of the international community, whether or not they have ratified international treaties expressly prohibiting torture.
Article 3 of the European Convention on Human Rights (ECHR) expressly prohibits torture and inhuman or degrading treatment or punishment and establishes this right as an absolute right, in relation to which no derogation may be permitted and whose protection is not subject to any conditions or requirements.
The Office of the Commissioner for Administration and Protection of Human Rights, as part of its responsibilities as National Mechanism for the Prevention of Torture (NPM), carries out regular and unannounced visits to places where persons are deprived or likely to be deprived of their liberty, with a view to preventing torture and all forms of inhuman or degrading treatment or punishment.
Close and systematic monitoring of places of detention or confinement to prevent torture and other forms of cruel, inhuman and degrading treatment is a top priority for the Office.
To this end, frequent and unannounced visits are made to the Central Prisons, Police Detention Centres, HOKAM, reception and accommodation facilities for informal migrants, the Athalassa Psychiatric Hospital, shelters for the elderly and persons with disabilities, and, in general, in any place where persons are deprived or likely to be deprived of their liberty, in order to identify any phenomena of ill-treatment and to make recommendations and suggestions to the competent authorities for their removal and termination.
With a view to preventing and safeguarding the rights of persons deprived of their liberty, the Office maintains an open dialogue with the competent authorities. To this end, in November 2021, it proceeded, on the basis of the Commissioner's responsibilities as National Mechanism for the Prevention of Torture and National Human Rights Authority, with the publication of the Prisoner's First Contact Guide, in cooperation with the Association of Prisoners and Released Persons, a useful tool to inform newly arrived prisoners about the rights, obligations and rules of safe living in prison.
Reciprocally, every State must respect and safeguard the inalienable right of all persons under its jurisdiction not to be subjected to torture or inhuman or degrading treatment or punishment and to ensure that such conduct is prevented.
However, although torture and ill-treatment are prohibited by international law, they remain widespread during armed conflict. In this regard, the Director of the OSCE Office for Democratic Institutions and Human Rights (OSCE/ODIHR) points out that prisoners of war are at particular risk of torture, even though torture and inhuman treatment of prisoners of war constitute a serious violation of the Geneva Convention.
During armed conflict, women and girls are disproportionately vulnerable to sexual violence, which often amounts to torture and may, under international law, be considered a war crime or crime against humanity.
In view of the ongoing military conflict in Ukraine, each State must be vigilant to intervene, respect and protect the rights of all persons within its territory and under its jurisdiction, not to be subjected to torture or inhuman or degrading treatment or punishment and to ensure the protection of all persons from inhuman conduct which the dark path of war may conceal.
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