Torture and Ill-Treatment: A Global Challenge, the Urgency of Its Eradication, and Human Rights

Torture often operates in the shadows, in places where privacy and vulnerability meet: detention centers, police stations, prisons, and other places where people are deprived of their liberty. Their purposes are varied and perverse: from forced confessions to intimidation, punishment, the repression of political dissent, or simply sowing terror. Victims are not limited to criminals or suspects; they often include human rights defenders, journalists, members of minorities, migrants, and anyone perceived as a threat by those in power.

Ill-treatment, while sometimes falling short of the brutality of torture, also leaves deep scars. It includes humiliation, prolonged isolation, threats, and other forms of psychological and physical abuse that, while not crossing the legal threshold of torture, still violate people's dignity and well-being. The distinction between torture and ill-treatment can be subtle; ultimately, both seek to break the individual's will.

The impact of torture and ill-treatment is multidimensional and devastating, with profound implications for human rights:

For the victim and their rights: The physical consequences can include permanent injuries, disabilities, and chronic illnesses. Psychologically, torture produces lasting trauma, severe anxiety, depression, post-traumatic stress disorder, and even the inability to reintegrate into society, violating their right to physical and psychological integrity.

For the family and their rights: The loved ones of victims also suffer trauma, uncertainty, and stigmatization, affecting their right to family life and freedom from discrimination.

For society and collective rights: The persistence of torture undermines the rule of law, erodes trust in institutions, and fosters a climate of fear and impunity, perpetuating cycles of violence and repression. This compromises the rights to justice, security, and civic participation.

The prohibition of torture is absolute and non-derogable, even in times of war or public emergency. This is a jus cogens norm in international law, meaning it is fundamental and cannot be derogated from by any State. It is the cornerstone of numerous international human rights treaties, such as the United Nations Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment. However, the gap between this universal norm and the harsh reality remains alarming.

The effective eradication of torture and ill-treatment requires a comprehensive, human rights-based approach that includes:

Robust Legal Frameworks and Rights to Justice: Strengthening national laws to effectively criminalize and punish torture and ill-treatment, ensuring that there are no loopholes for impunity and ensuring victims' right to justice and reparation.

Preventive Mechanisms and the Right to Security of Persons: Implement and strengthen independent oversight and monitoring mechanisms in all places of detention, such as the National Preventive Mechanisms (NPMs) established under the Optional Protocol to the Convention against Torture (OPCAT). This seeks to protect the right to security of person and freedom from torture.

Investigation and Prosecution Guaranteeing Due Process: Ensure that all allegations of torture are promptly, impartially, and thoroughly investigated, and that those responsible are brought to justice. Impunity is the main breeding ground for the perpetuation of this practice and violates the right to a fair trial.

Human Rights Training and Awareness: Train law enforcement officials, prison staff, doctors, and other professionals on the prohibition of torture and the importance of humane and dignified treatment, in line with human rights principles.

Victim Support and the Right to Rehabilitation: Provide comprehensive medical, psychological, social, and legal care to torture survivors and their families, facilitating their rehabilitation and reintegration. This is a fundamental right to rehabilitation and non-revictimization.

Transparency, Accountability, and Access to Information: Promote transparency in the criminal justice system and hold those who abuse their power accountable. This guarantees the right to information and participation in public affairs.

Torture and other cruel, inhuman, or degrading treatment or punishment represent one of the most abhorrent violations of the dignity and rights inherent to every human being. These practices are not isolated incidents; they constitute crimes that dehumanize the person and erode the foundations of any society that aspires to be just and democratic. Their prohibition is absolute and unconditional, established as a fundamental norm of international law. However, their persistence in the world remains a cruel reality that reminds us of the constant need to protect and defend human rights.

Despite extensive international legal frameworks and the efforts of various organizations, torture and ill-treatment persist as an alarming global problem. These acts are often hidden in the shadows of detention systems, affecting individuals in prisons, police stations, interrogation centers, and other places where people are deprived of their liberty. The victims are diverse: from criminal suspects to human rights defenders, journalists, members of ethnic or religious minorities, migrants, and anyone perceived as a threat by those in power. The clandestine nature of these practices makes their eradication a complex and ongoing challenge for the international community.

The eradication of torture is not only a desirable goal, but an inescapable moral and legal urgency. Human dignity, the central pillar of all human rights, is brutally denied with every act of torture or ill-treatment. The persistence of these practices undermines trust in state institutions, fosters impunity, and perpetuates cycles of violence that weaken the rule of law. Therefore, combating and eliminating torture is fundamental to the comprehensive promotion and protection of all human rights, ensuring that every person can live free from fear, violence, and degradation. The fight against torture is, at its core, a fight for a more just and humane world.

While the terms "torture" and "ill-treatment" are often used interchangeably, international human rights law establishes a crucial distinction between them, although both share the characteristic of inflicting suffering. Torture is defined by the Convention against Torture (CAT) as "any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for the purpose of obtaining from that person or a third party information or a confession, punishing that person for an act that he or she has committed or is suspected of having committed, intimidating or coercing that person or others, or for any reason based on any form of discrimination, when such pain or suffering is inflicted by, at the instigation of, or with the consent or acquiescence of, a public official or other person acting in an official capacity." The key here lies in the severity of the suffering, the intentionality of the act, and the involvement or acquiescence of a state agent.

On the other hand, ill-treatment (or cruel, inhuman, or degrading treatment or punishment) refers to acts that, although they cause suffering, do not reach the threshold of severity inherent in torture. However, they remain serious violations of human dignity and are equally prohibited by international law. The difference is one of degree and severity, not legality: both are absolutely prohibited.

Torture can manifest itself in various forms, always seeking to break the will and integrity of the victim:

Physical: This includes systematic beatings, simulated drowning (submarine), electric shocks, extreme sleep deprivation, prolonged stress positions, burning, fingernail extraction, or the use of instruments to inflict pain. These actions seek to cause acute and lasting bodily suffering.

Psychological: Often as devastating as physical torture, this form of torture seeks to inflict mental and emotional harm. It can manifest itself through credible threats of death or harm to the victim or their loved ones, simulated executions, extreme humiliation, prolonged isolation, sensory deprivation, or exposure to terrifying situations. Its goal is to disorient and destroy the person's psyche.

Sexual: Any non-consensual sexual act inflicted as torture. This can include rape, sexual assault, genital mutilation, forced nudity, or the threat of these actions. It often combines physical and psychological elements, causing deep and lasting trauma.

Although not as serious as torture, ill-treatment is equally reprehensible and violates human dignity. Some common examples include:

Humiliation: Public or private degradation, systematic insults, mockery, or any act designed to embarrass or demoralize a person.

Prolonged Isolation: Holding a person incommunicado or in solitary confinement for extended periods, depriving them of human contact and stimulation, which can cause serious psychological harm.

Threats: Constant verbal or nonverbal intimidation, which, while not resulting in immediate serious physical or psychological harm, generates a state of fear and anxiety.

Inhumane Conditions of Detention: Extreme overcrowding, lack of access to basic sanitation, drinking water, or adequate food, deprivation of medical care, or exposure to extreme temperatures that cause suffering without amounting to torture.

Torture and ill-treatment can occur anywhere where coercive power is exercised over individuals deprived of their liberty. However, some settings are particularly conducive due to a lack of oversight and transparency:

Detention centers and police stations: These are often the first places where people are taken after arrest, and where they may be vulnerable to abusive interrogations or initial "punishments."

Prisons and jails: Correctional institutions, especially those with overcrowding, a lack of trained personnel, and corruption, are common hotbeds for the application of torture and long-term ill-treatment.

Military establishments and intelligence centers: In conflict contexts or for national security purposes, these settings may be settings where torture is used to obtain information or as part of counterinsurgency strategies.

Migration and refugee detention centers: Migrants and asylum seekers, due to their particular vulnerability and lack of legal status, may be subjected to inhumane treatment in these centers.

Psychiatric and disability care institutions: In settings where individuals are completely dependent on their caregivers and may have difficulty communicating, there is a high risk of ill-treatment and, at times, torture.

Survivors of torture experience a level of suffering beyond imagination, with after-effects that profoundly compromise their well-being and most basic rights.

Physical and Psychological Impact (Injuries, Trauma, PTSD): The physical consequences can be devastating, ranging from permanent injuries, fractures, internal organ damage, and chronic disabilities, to illnesses resulting from deprivation and inhumane conditions. However, the psychological impact is often even deeper and more lasting. Victims often develop post-traumatic stress disorder (PTSD), characterized by flashbacks, nightmares, severe anxiety, depression, dissociation, and difficulties relating to others. Anxiety disorders, phobias, panic attacks, and, in extreme cases, suicidal thoughts are also common. This psychological damage can persist for decades, affecting every aspect of a person's life.

Violation of the right to physical and psychological integrity: Torture and ill-treatment are a direct and flagrant violation of every person's inalienable right to physical and psychological integrity. This fundamental right guarantees that no one may be subjected to treatment that damages their body or mind. By intentionally inflicting pain and suffering, perpetrators not only cause immediate physical and mental harm but also attack the very essence of a person's autonomy and dignity, leaving a deep wound in their sense of self.

The suffering of the torture victim inevitably extends to their closest circle, generating vicarious trauma and destabilizing the family unit.

Trauma and Stigmatization: Victims' families often live with uncertainty, fear, and helplessness, especially when the person is missing or illegally detained. The trauma is palpable in those who witness the effects of torture on a loved one or who suffer persecution and threats as a result of detention. Furthermore, in many societies, victims of torture and their families may face social stigmatization or discrimination, which hinders their reintegration and access to resources.

Affects the right to family life: Torture and ill-treatment, by separating family members, destroying trust, and creating an environment of fear, directly affect the right to family life. This right, recognized in various international instruments, protects the unity and well-being of the family as the fundamental unit of society. When a member is tortured or ill-treated, the family structure is compromised, generating disintegration, economic and emotional instability, and profound anguish that can be transmitted through generations.

Beyond the individual and family sphere, the perpetuation of torture has a corrosive effect on the social fabric and on the very pillars of the rule of law.

Erosion of the rule of law and institutional trust: Torture is the antithesis of the rule of law. When state agents or those acting with their acquiescence resort to it, the legitimacy of institutions charged with security and justice is undermined. Impunity for torturers sends a clear message that the law does not apply equally to all, eroding public trust in the police, the judiciary, and the government. This lack of trust can lead to civic apathy, civil disobedience, and increased social instability.

Creation of a climate of fear and impunity: The practice of torture creates a pervasive climate of fear in society. Citizens, aware that they may be subjected to cruel treatment without consequences for the perpetrators, engage in self-censorship, limit their political participation, and refuse to exercise their rights for fear of reprisals. This fear, combined with impunity (the lack of justice for crimes committed), fosters a vicious cycle where abuses can be repeated unchecked, weakening the protection of all human rights and the possibility of a free and just society.

Compromise of the rights to justice and security: A system where torture is tolerated or practiced cannot fully guarantee the right to justice. Confessions obtained under torture are inherently unreliable and corrupt judicial processes, leading to unfair convictions and violating the right to due process. Furthermore, torture undermines the right to personal security of all citizens. If those who are supposed to protect the population are also their torturers, security becomes a pipe dream, and citizens live under constant threat, without the protection that a State should provide.

The prohibition of torture is not just a treaty clause, but a norm of jus cogens (peremptory law). This means that it is a fundamental norm of general international law that admits no exception or derogation, even in times of war, a state of emergency, or threats to national security. Its jus cogens nature implies that no State may torture or permit torture, and any act of torture, wherever it occurs, is illegal. This absolute prohibition reflects the universal consensus on the immorality and illegitimacy of this practice, considering it a direct affront to human dignity.

The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) is the principal international instrument specifically dedicated to the eradication of torture. Adopted by the United Nations General Assembly in 1984 and in force since 1987, the CAT obliges States Parties to:

Make torture a crime in their national legislation.

Fusively investigate all allegations of torture and prosecute those responsible.

Not return, extradite, or expel a person to another State where there is a risk of being subjected to torture (principle of non-refoulement).

Provide reparation and rehabilitation to victims of torture.

Prohibit any statement obtained under torture as evidence in any proceedings.

The Convention also establishes the Committee against Torture (CAT), a body of independent experts charged with monitoring the implementation of the Convention by States Parties.

The prohibition of torture is enshrined in a wide range of international human rights instruments, reinforcing its universal status:

Universal Declaration of Human Rights (1948): Article 5 states that "no one shall be subjected to torture or to cruel, inhuman, or degrading treatment or punishment."

International Covenant on Civil and Political Rights (ICCPR, 1966): Article 7 reiterates the prohibition of torture and ill-treatment, emphasizing that no one shall be subjected to them. This covenant also prohibits medical or scientific experiments without the free consent of the individual.

Regional Human Rights Conventions: Instruments such as the European Convention on Human Rights, the American Convention on Human Rights, and the African Charter on Human and Peoples' Rights also contain explicit prohibitions on torture and ill-treatment, adapted to regional contexts.

International Humanitarian Law (IHL): In situations of armed conflict, the Geneva Conventions and their Additional Protocols strictly prohibit torture and inhuman treatment of protected persons (such as prisoners of war, civilians, the wounded, and the sick), reinforcing this prohibition even in the most extreme contexts.

To strengthen torture prevention mechanisms, the UN adopted the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (OPCAT) in 2002. This Protocol establishes a system of periodic visits to places of deprivation of liberty by international and national bodies.

The OPCAT requires States Parties to establish or designate National Preventive Mechanisms (NPMs). These NPMs are internal, independent bodies with the authority to:

Conduct regular and unlimited visits to any place where persons are or may be deprived of their liberty (prisons, police stations, psychiatric facilities, immigration detention centers, etc.).

Make recommendations to state authorities to improve the treatment of persons deprived of their liberty and prevent torture and ill-treatment.

Maintain ongoing dialogue with the UN Subcommittee on Prevention of Torture (SPT), the international body established by the OPCAT to visit States Parties and advise NPMs.

The existence of NPMs is crucial for the prevention of torture, as they act as an internal safeguard, providing constant oversight and an incentive for states to comply with their international human rights obligations and eradicate torture from their systems.

National legal frameworks are the first line of defense against torture, translating international obligations into concrete actions.

Effective criminalization and punishment of torture: States must criminalize torture as a specific crime in their penal codes, ensuring that the definition complies with international standards and that penalties are severe enough to reflect the seriousness of the crime. It is crucial that legislation leaves no room for interpretations that allow impunity.

Guaranteeing the right to justice and reparation for victims: It is not enough to punish the perpetrators; Victims have the right to comprehensive reparation, including restitution, compensation, rehabilitation (medical, psychological, and social), satisfaction (such as truth-telling and the pursuit of those responsible), and guarantees of non-repetition. Legislation should facilitate access to justice and reparation mechanisms.

Prevention is key to preventing torture from occurring in the first place.

Regular visits to places of detention: The implementation of National Preventive Mechanisms (NPMs), in accordance with the Optional Protocol to the Convention against Torture (OPCAT), is essential. These mechanisms must have the authority to conduct regular and unrestricted visits to all places where people are or may be deprived of their liberty (prisons, police stations, immigration detention centers, psychiatric institutions). These regular, unannounced visits act as a deterrent and allow for the identification of conditions that could be conducive to torture.

Protection of the right to security of person: By monitoring the conditions of detention and the treatment of detainees, these mechanisms directly contribute to protecting individuals' right to security of person. Transparency and oversight reduce the risk of ill-treatment and ensure that detainees are not subjected to violence or intimidation.

Impunity is the breeding ground for torture; therefore, accountability is vital.

Fighting Impunity: Every allegation of torture must be subject to a prompt, impartial, thorough, and independent investigation. There should be no amnesties or statutes of limitations for crimes of torture. The lack of consequences for perpetrators only perpetuates the practice and sends a message of tolerance toward these abuses.

Guarantee of Due Process and the Right to a Fair Trial: Investigations and trials must strictly adhere to due process standards and guarantee a fair trial for both the victim (in their pursuit of justice) and the accused. Evidence obtained under torture must be inadmissible in any judicial proceeding, invalidating the incentive to use it.

Education and awareness-raising are powerful tools for changing institutional culture.

Training for law enforcement officials: It is imperative that all personnel working with persons deprived of liberty—police officers, prison guards, military personnel, prosecutors, and judges—receive ongoing training in human rights, with an emphasis on the absolute prohibition of torture and ill-treatment, as well as on ethical and legal interrogation techniques.

Promoting humane and dignified treatment: Training must be accompanied by actively promoting a culture of respect for human dignity within institutions. This entails instilling the understanding that dignified treatment is not only a legal and ethical imperative, but is also more effective in maintaining security and justice.

Recovery from torture is a long and complex process that requires specialized assistance.

Medical, Psychological, and Legal Care: Victims of torture need immediate and ongoing access to specialized services, including medical care for physical injuries, psychological and psychiatric support for trauma (such as therapy and counseling), and legal assistance to seek justice and reparation.

Right to Rehabilitation and Non-Revictimization: States have the obligation to provide or ensure rehabilitation for victims. This involves not only addressing the after-effects but also ensuring that the reporting and justice-seeking processes do not revictimize the individual, respecting their dignity and privacy at all times.

Openness and public oversight are essential to preventing abuses.

Access to Information: Promoting transparency in the detention and justice systems is crucial. This includes the right of families to know the whereabouts of their loved ones, access to legal counsel for detainees, and the publication of statistics on detentions, investigations, and punishments for torture.

Participation in public affairs: Encourage the participation of civil society, human rights organizations, and the general public in monitoring detention systems and formulating policies related to torture. Accountability is strengthened by public scrutiny and the ability to report abuses without fear of reprisal.

Torture and ill-treatment are, without a doubt, one of the gravest affronts to dignity and humanity. After a thorough examination of their definitions, manifestations, and devastating impacts, it is clear that these practices are not just crimes, but a fundamental denial of what it means to be human. They undermine the physical and psychological integrity of victims, fragment families, and erode trust in the institutions that should protect citizens. As a violation of jus cogens, its prohibition is universal and absolute, reflecting the global consensus that there is no possible justification for inflicting such suffering. The persistence of torture anywhere in the world is a grim reminder of the gaps that still exist between the ideal of human rights and the harsh reality.

The eradication of torture cannot be the task of a few; It is a shared responsibility that falls on all actors in society. Governments have the primary obligation to translate international commitments into robust national laws, ensure that torturers are held accountable, and guarantee reparations for victims. State institutions (police, military, judicial and penitentiary systems) must reform their practices, train their personnel, and promote a culture of respect for human dignity. Civil society organizations and human rights defenders are crucial in documenting abuses, advocating for victims, and putting pressure on States. Finally, citizens play a vital role in demanding transparency, denouncing injustices, and supporting efforts for humane treatment for all.

Achieving a world free of torture is an ambitious but absolutely necessary goal. It involves not only punishing past crimes, but, crucially, preventing them in the future through monitoring, transparency, and strengthening the rule of law. Every step taken to strengthen legal frameworks, implement prevention mechanisms, ensure accountability, and educate and support victims brings us closer to this goal. The fight against torture is ultimately a battle for the universality of human dignity and fundamental rights. It is a call to build societies where every individual is treated with respect, where justice prevails, and where the fear of torture is merely an echo of the past.