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I. RELEVANT INTERNATIONAL LEGAL NORMS AND STANDARDS ISTANBUL PROTOCOL

in private (no officials present) with persons risk of deprivation of life and has linked torture
deprived of their liberty and with relevant staff. and ill-treatment to enforced disappearances. 47

20. The Subcommittee’s mandate also includes advising 23. Among the jurisprudence established by the
and assisting States parties regarding the establishment Human Rights Committee under the first Optional
of their national preventive mechanisms – which Protocol to the International Covenant on Civil
are independent visiting bodies at the national level. and Political Rights, which gives the Committee
As with the Subcommittee, national preventive competence to examine individual complaints of
mechanisms can make unannounced visits and have violations of the Covenant, the Committee has
unrestricted access to all places in which persons emphasized and/or explained that, under article 7,
are or may be deprived of their liberty, and should States are obligated to conduct thorough and effective
be granted full access to all documentation. investigations into reports of torture, including
medical investigations, followed by prosecution and
c. Human Rights Committee punishment of those responsible and provision of
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compensation to the complainant. Additionally,
21. The Human Rights Committee was established the Committee has recognized that a significant
pursuant to article 28 of the International degree of suffering is involved in being held for
Covenant on Civil and Political Rights and is prolonged periods in incommunicado detention and
mandated with monitoring the implementation that this can amount to torture or ill-treatment.
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of the Covenant by States parties.
d. Committee on the Elimination of Discrimination
22. In its general comments, the Committee has, among against Women
other things, reinforced its reading of article 7 of
the Covenant, which provides that “no one shall 24. The Committee on the Elimination of Discrimination
be subjected to torture or to cruel, inhuman or against Women monitors State parties’ compliance
degrading treatment or punishment”, by stating that with the Convention on the Elimination of All
“Complaints must be investigated promptly and Forms of Discrimination against Women.
impartially by competent authorities so as to make
the remedy effective.” It has outlined standards 25. In its concluding observations, the Committee has
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and rules applicable to the humane treatment of addressed the obligation to investigate, prosecute
persons deprived of their liberty, noting that: “Article and punish State and non-State perpetrators of acts
10, paragraph 1 [of the International Covenant constituting torture or ill-treatment, including sexual
on Civil and Political Rights], imposes on States violence and mutilation. It has also considered the
parties a positive obligation towards persons who obligation to provide victims of sexual violence
are particularly vulnerable because of their status with access to comprehensive medical treatment
as persons deprived of liberty, and complements for and psychosocial support provided by health
them the ban on torture or other cruel, inhuman professionals who are appropriately trained to detect
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or degrading treatment or punishment contained sexual violence. Additionally, the Committee has
45
in article 7 of the Covenant.” The Committee raised concerns about arbitrary detention, torture
has also explained how arbitrary detention creates and ill-treatment, and sexual violence in prisons;
risks of torture and ill-treatment and listed various the stigmatization of women when reporting sexual
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safeguards that are essential to prevent torture. and gender-based violence and rape or other forms
Furthermore, it has noted that the mental and physical of torture or ill-treatment; and the obligation to
effects of torture and ill-treatment can generate a provide victims of sexual violence with access to
comprehensive medical treatment and psychosocial

44 Human Rights Committee, general comment No. 20 (1992), para. 14.
45 Human Rights Committee, general comment No. 21 (1992), para. 3.
46 Human Rights Committee, general comment No. 35 (2014), paras. 56–58.
47 Human Rights Committee, general comment No. 36 (2018), paras. 54–58.
48 Human Rights Committee, Amarasinghe v. Sri Lanka (CCPR/C/120/D/2209/2012), para. 8; and Khelifati v. Algeria (CCPR/C/120/D/2267/2013), para. 8.
49 Human Rights Committee, El-Megreisi v. Libya, communication No. 440/1990, para. 5.4.
50 CEDAW/C/BDI/CO/5-6, para. 27.

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