Press Conference: Special Rapporteur on Torture - 08 March
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Press Conferences

Press Conference: Special Rapporteur on torture - 08 March 2024

Speakers:  

  • Dr. Alice Jill Edwards - Special Rapporteur on torture 

  • Moderated by : Dharisha Indraguptha, Public Information Office, OHCHR

Report of Dr. Alice Jill Edwards. Special Rapporteur on torture on current issues and good practices in prison management; and Report of the Special Rapporteur on torture on her country visit to Ukraine which took place in October 2023.

 

 

Teleprompter
good afternoon.
And thank you for joining us at this press conference, uh,
by the special rapporteur on torture Doctor Alice Edwards.
Uh, we'll begin with a few remarks, uh,
from the special rapporteur and then proceed to take your questions.
Uh, with that I give the floor to Doctor Edwards.
Thank you very much. And thank you very much for being here.
And apologies for the delays
I
am presenting to the Human Rights Council.
Two reports, one on current issues in prison management
and the other on my fact finding visit to Ukraine,
which was held from 4 to 10 September
last year.
Uh, in respect of the current issues and good practises in prison management,
uh, essentially, there is globally a real need for countries to
reform their prison institutions.
But within a context of the broader criminal justice
setting,
they were my main conclusions.
Too many people are incarcerated for too long,
especially during pretrial detention.
Uh,
many prisons in all regions do not meet minimum minimum international standards.
Severe overcrowding co.
Is a very common problem, and it is driven by practises of over incarceration,
including, as I mentioned in the pretrial period
and insufficient investment in infrastructure.
Many countries are struggling to modernise
uh, their prisons.
They are, uh they house people in old forts in old palaces in the centre of the city,
uh, that are not and not equipped and difficult to renovate to meet, uh,
international standards.
My report also talks about the clear link between poverty and imprisonment and
the over incarceration of persons from
economically disadvantaged or other ma marginalised,
uh, communities.
Uh,
I put a special emphasis in terms of prison management
on human rights compliant management and also a focus that,
uh, prison imprisonment is the
penalty.
And it should not be, uh,
any greater than the deprivation of liberty and that conditions
and standards of treatment need to be humane at all times
that there is no permission.
There is no it is not allowed to, uh, additionally punish people through,
uh, poor conditions.
Uh, the report also tackled some of the global trends that are facing the world,
including climate change and natural disasters, as well as,
uh, future pandemics,
and noting that prisons and, uh, prisons are hotspots for contagious, uh,
disease spread
the very important learnings from the COVID-19 pandemic and how, uh,
countries can make sure that they are prepared for future
pandemics that the World Health Organisation tells us will be occurring
with greater intensity and greater ferocity.
Uh, and in terms of climate change, making sure that the conditions in,
uh prisons are upgraded or improved,
uh, to withstand extreme temperatures noting that,
uh, subjecting individuals to, for example, excessive heat
or excessive extreme, uh, cold,
not providing appropriate shade in places that are deeply affected by
high temperatures
or placing prisons in places that are in
locations likely to be affected by natural hazards
all fall foul of the prohibition on cruel, inhuman and degrading treatment
or punishment.
Uh, the report also looked at specific segments of the population in prison.
So there is a section on women and girls.
There is a section on, uh, Children and juveniles. There is a section on,
um, indigenous people and also a section that
is new. Uh, I believe to discussions in the UN forum about neurodiversity,
uh, in prison populations and coping with this added complexity.
Uh,
statistics on research that has been carried out show that the
prison population has a high number of individuals with neurodiversity.
Uh, the other area that is perhaps new in relation to, uh, female, uh, detainees
is a call for more research, uh, and guidance on how to handle,
uh, issues around peri uh, menopause and menopause.
Uh, some of the symptoms, uh, make, uh, the standard, um healthcare.
But also conditions in detention problematic for women as they age.
Uh,
and in respect of Children and juveniles, uh,
call to ensure that the age of criminal responsibility
is, uh, no less than 14 years,
and that there's a real effort to make sure that prisons is a really a last resort,
Uh, and other options such as alternatives to detention entirely.
Or alternatively, uh, residential facilities are looked at
and introduced, if not already available,
indigenous people.
Of course,
there's an over representation in a number of countries of indigenous people.
The
calls in the report are to ensure not only obviously humane treatment for all,
but also,
uh, treatment and conditions that are
adapted to the, uh, cultural and spiritual, uh,
needs and rights of indigenous people such that they
may be able to reside in communal spaces,
uh, as well as be able to exercise their spiritual practises and customs
as well as, uh, prepare and, uh,
eat their own food and their own
culturally appropriate diets.
So I think I'll leave it there, and I'm open for questions. Of course.
I also delivered my report on Ukraine.
Uh, and I reiterate what I've previously
or is that because
Is that right? Uh,
previous.
Previous
is that better?
Previously, uh, have stated publicly that I found,
uh,
credible allegations of torture that were
consistent and widespread by the Russian
armed forces and other associated groups, as well as those,
uh,
under their control or authority in the temporarily
occupied areas of Ukraine as well as in Russia
itself.
There was a clear pattern of consistency from
the types of torture that were being perpetrated,
the purposes for that torture, as well as the targets
of that torture.
Um, the report details also my, uh,
visit to one of the Ukrainian prisoner of war camps,
uh, to verify and check the conditions of, uh,
detention and general standards of care for Russian, uh, prisoners of war,
in which I found that the international standards were largely being met.
There was a, uh, atmosphere of respect,
uh,
in the Ukrainian staff to the Russian detainees
and the conditions in terms of sanitation.
Uh, bedding space per person. Uh, outdoor, uh, space,
uh, as well as food were of a, uh, reasonable or good, uh, standard.
Uh, I found, however, for some, uh, at at a penitentiary system in
Levi
where collaborators or alleged collaborators are being
detained that the conditions were relatively poor,
which were also acknowledged by the authorities
and some concerns about access to appropriate health care.
Uh, and finally, I also received,
uh,
allegations of abusive conduct and mistreatment by Ukrainian officials against,
uh, Russian,
uh, detainees primarily indicated
upon arrest or upon capture.
And while being transported to official sites of detention,
Um, I think I'll leave that part of the, uh, the report there. Thanks.
Thank you. Doctor Edwards.
Uh, we will now move on to questions.
So we'll take questions from the room first and then, uh, move on to any questions.
Uh, from those of you who are joining online.
Any questions in the room for Doctor Edwards?
No. Then we have, uh, Musa
who has a question.
Thank you very much. I'm Moussa
Asif from Alma
TV.
Does your report include conditions in Israeli prisons.
In fact, Israel has arrested more than 7000 Palestinians since last October 7th,
including about 300 women and hundreds of Children.
And the Israeli newspaper
Harris
revealed yesterday the killing of 27 Palestinian detainees
from Gaza in Israeli detention centre since last October.
And I am asking if you have, uh, the right to
to, uh to have an access to, uh, Israeli presence. Thank you.
Thank you very much for the very important question.
I am presently
investigating these allegations.
I have received a number of information and I at the
in the process stage of verifying, triangulating substantiating
such allegations
in terms of the conditions as well as the treatment of Palestinian
detainees in Israel's prisons.
I am I can't comment on the number of deaths you have mentioned.
I had previously received information about deaths
in Palestinian deaths of Palestinians in Israeli
custody.
Regrettably, there was there was follow up undertaken,
but there was no further information, So the information
was not adequate to be able to act upon.
so I'm in the process of, uh, uh
reviewing this material, and I expect to be able to,
uh, produce something, uh, in the short term.
I have also requested a visit to Israel
and I in discussions with the Israeli authorities.
Thank you. Uh, we have John Zarak
costs desk.
Yes. Uh, good afternoon. Nice to see someone from the A NU on the podium.
Uh, I've got two questions. Firstly,
I was wondering if you've collected data on
how many countries are still exporting dual use equipment
that are used for torture,
uh,
by governments around the world.
And what measures are you taking to try and stop the export of these,
uh, items. And secondly, in follow up to my colleague's question,
Uh, I, I didn't hear correctly. If you've been, uh,
given, uh, a visa to, uh, investigate in the OPT or not.
But I was interested.
If your office has received and is investigating allegations any allegations
of medical doctors having been mistreated or tortured
during detention in medical facilities in Gaza?
Thank you.
Thanks for the question, John.
In respect of this, your third question, I think, was on
medical doctors. I don't have any information on that. In
respect of visa,
it's too early to say at this stage. I am
in the preliminary discussion phase but I have requested a visit
to visit Israel at this point
in terms of data for exporting dual use equipment. I don't have information on this.
You may know that, uh,
to the General Assembly last year, I presented a report on,
uh, essentially the trade in torture tools as I describe it. But,
uh,
law enforcement equipment that either
inherently is considered inherently cruel,
inhuman or degrading.
Uh, and I presented a list of 20 such items which I,
uh now consider should be banned from both manufacture development,
uh, as well as, uh, use and export.
and a second,
a second list of ordinary law enforcement and other equipment being used by public,
uh, authorities,
uh, which should, uh,
be regulated both at national level and at international level.
And I am calling for a,
uh, international treaty to be able to regulate the trade in law enforcement, uh,
and other equipment used by public authorities,
but in terms of and some of those will be dual use.
Um
uh, items. Um, but that's all I can say on that, uh, issue, uh, and I.
I assume it was a general question not relating to a specific context. Thank you.
Thank you.
Uh, Nina Larson
from FP.
Yeah. Sorry. Can you hear me?
Uh,
thank you. Yeah. Thank you for taking my question.
I was just wondering on the, uh,
on the credible torture allegations that you've heard from about, um,
from the Russians towards the Ukrainian prisoners of war. If, um,
do you have any idea about the numbers or sort of, uh,
you're talking about this being systematic and and widespread?
Does that mean that this is happening in
all places of detention to your understanding?
If you could just give a bit more detail on that. Thank you.
So the information I've gathered both included information, uh,
that I've sought and received prior to the visit,
uh, as well as, uh, interviews with, uh,
alleged victims and survivors during the visit, as well as, of course, uh,
with the public prosecutor's office and the national ombudsman and other,
uh, actors.
According to Ukrainian uh, sources, at the time of the visit,
there were around 103,000 open
cases of any type of, uh, war, crime or crime against humanity, including torture.
But of that number, 90% were registered as torture cases.
Um so that's only one indication of
that's a Ukrainian
prosecution source.
A
number of civil society organisations have
also been laboriously collecting documenting.
They have databases
of sizeable numbers of
victims and survivors
of those victims and survivors.
I've been able to either the information has come directly to
my office or I've been able to meet
in person.
The allegations spread across a wide number of provinces.
in addition, different detention sites in those locations
and an eerie consistency around the types and the purposes for,
uh uh,
that torture for intimidatory purposes for the purposes of punishment
A
a
number to collect evidence and intelligence, uh, number for the pure, uh,
reason of humiliation, which was also, of course, prohibited.
Um, so the, uh, the number of cases that I have reviewed myself now is around.
I had around 50 cases prior to departure
and, uh, a dozen or so during, uh, the visit.
Um, as I said, with, uh, a number of and also looking at, uh, the UN S own, uh,
research and documentation.
Uh, on that who've been interviewing a a broad number,
Um, as well.
Of course there is some concern about double counting,
so our numbers are always going to be inconsistent.
But
in taking each case that I've looked at, uh, individually,
I'm confident, uh, in my findings that, uh, these allegations are credible
and regrettably, that they really point to Russia's, uh,
war policy that there is an intent
and purpose to carrying out, uh, the torture that it cannot be described away,
Uh, as,
uh, aberrant behaviour or ad hoc, uh, behaviour.
And just to add to that, I have requested a a visit to the Russian Federation.
I requested this visit in November last year.
I also requested information that they may have
prior to the visit to Ukraine in order to
check on the conditions and standards of their own prisoners of war.
Uh, my requests in advance of the visit were were left unanswered.
Um, and in respect of my recent request for a country visit, I have had a
a letter of no
verbal
which has rejected
my visit.
I have sought on multiple occasions to meet
with the Russian authorities here in Geneva,
and I will continue to do so so that I am able to exercise my mandate independently.
and impartially.
Thank you. Are there any more questions?
Any more questions for the special rapporteur?
No. So if there are no more questions, then we will now close this press conference.
Just one quick announcement that the special rapporteur has a press pack,
uh, prepared.
So if anybody wants access to that, you can contact my colleague Alessandro.
I will, uh, make sure that his, uh, contact details are in the chat.
Thank you for joining us. Have a good evening.
Thank you.