Torture And Other Cruel, Inhuman Or Degrading Treatment Or Punishment —
Mother Of All Human Rights Violations
Declaration On Elimination Of Torture In Asia By Participants At The Seminar On Ways To Promote The UN Convention Against Torture And Other Cruel, Inhuman Or Degrading Treatment Or Punishment
1. Twenty-five participants from ten Asian countries gathered in Bangkok from 5-10 November 2000 to discuss the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The participants unanimously agreed that throughout Asia acts of torture and degrading punishment are highly prevalent and pose a threat to the human rights of the people of Asia. So long as law enforcement authorities continue to practice torture, people will perceive them not as guardians of the law but as violators of human rights. Asian communities living under the threat of such grave violations need to take a more active part in influencing the law enforcement authorities of their countries to alter methods of criminal investigation and other dealings with the members of their communities.
2. Violations of all human rights – whether civil and political or economic, social and cultural – begin with the use of torture and degrading treatment or punishment. Promotion and protection of all human rights therefore requires the prevention of torture and degrading punishment. This is especially the case regarding the rights of women. The protection of their rights requires the elimination of violence both in the public and private spheres.
3. In conflict-ridden areas of Asia there is much talk about peace and conflict resolution, however such objectives are unachievable without the elimination of torture and inhuman punishment. Many violent conflicts in Asia have begun due to extreme use of torture and degrading treatment or punishment on sections of the population, particularly upon the young. Acts of torture and inhuman punishment invariably give rise to extra-judicial killings. Study of extra-judicial killings and disappearances in Asia reveals that such atrocities are clearly rooted in hardened practices of torture and inhuman treatment by law enforcement agencies.
4. We, the participants at this seminar, note that the widespread use of torture poses the greatest threat to development of democratic institutions in Asia. So long as the people perceive law enforcement agencies as fearsome places where violent persons exercise their power over civilians with impunity, no trust can be built for cooperation. Such fear exists everywhere in Asia. The use of law enforcement agencies for political ends has aggravated the situation. All aspects of democratic life, such as free and fair elections, fair trial and the participation of people in economic development are vitiated by the use of torture and degrading punishment.
5. In international law, torture is today considered among the highest of crimes, the gravity of which is comparable to crimes against humanity and war crimes. The jurisdiction against torture is not confined to domestic courts, but is extended universally. However an examination of case law in the Asian region does not reveal a reflection of international law on this matter. Often local courts in the region seem to take a less serious approach and thereby condone the wide practice of torture and other inhuman treatment. A change of approach in the local courts, in keeping with international law on torture, is an essential element in altering this age-old practice ingrained in Asian societies. To create an atmosphere of intolerance to torture among the judiciary, education of international law on torture and sharpening of judicial sensitivity by way of social criticism are essential.
6. Community leaders, community organisations and public opinion makers have a paramount role in the formation of social policy to eliminate torture in criminal investigation and all other dealings of law enforcement agencies with society. Sadly, their record of involvement in the elimination of torture is rather negligible. In some instances political leaders exploit law enforcement agencies for personal ends and thus encourage the practice of torture and degrading treatment of their opponents and others. Such short-sighted approaches encourage law enforcement authorities to use the same methods for their own ends. Thus the age-old institutional habits of torture and degrading punishment get further entrenched. Under such circumstances the law enforcement authorities can become a threat to the continuity of democracy itself, as demonstrated by the recent experiences of several Asian countries. A change in attitudes of community leaders, community organisations and public opinion makers is essential if this grave abuse of human rights is to be eliminated.
7. Leaders of religious organisations and all who advocate the promotion of basic human values need to take a far greater interest in the elimination of torture than they have done in the past. Religious leaders and their organisations have not shown a great resistance to the evil practice of torture and degrading treatment; there is not much in the record of their activities and statements to show that they are actively resisting and morally condemning this practice. A morally tolerant attitude towards torture and degrading treatment has serious impact on the promotion of the human dignity of all persons. This moral apathy against a widely practiced social evil needs to be negated.
8. Civil society organisations, NGOs and all concerned persons need to demonstrate much greater will to eliminate this social evil. An Asia-wide campaign for elimination of torture needs to be undertaken and pursued with determination. So long as such barbaric practices prevail within law enforcement agencies it will not be possible for civil society organisations to make a contribution to their societies. Ultimately the onus is on those advocates of democracy and human rights to see that such practices are applied. In order to create space for people’s participation in the democratic process, it is essential that activities to eliminate the practice of torture be undertaken with greater vigour.
Bangkok, Thailand
5-10 November 2000
