INTRODUCTION
There is an absolute prohibition on torture under international law. The challenges caused by
terrorism and other threats call for increased vigilance when articulating and implementing
this prohibition. In this report, the ACJ makes a number of recommendations and observations
in relation to NHRIs and the protection of individuals from torture. Foremost among these are
the proposed Minimum Interrogation Standards, which it is hoped will make an original
contribution to the effective implementation of the prohibition on torture and cruel, inhuman
and degrading treatment and punishment in the region.
In our deliberations on this reference on torture we were encouraged by the statement of the
High Commissioner for Human Rights, Louise Arbour, to this 10th Annual Meeting of the
APF. On the question of torture she said:
I am particularly pleased that the absolute prohibition on torture will also be
discussed during this Meeting. The need to act is urgent, as the lives of
individuals all over the world, their well-being and sense of security continue to
be scarred by torture on a daily basis. National human rights institutions have a
central role to play in the combat against torture. Our Resident Coordinator here
in Mongolia has appropriately highlighted the important work of the Mongolian
Human Rights Commission with respect to the prevention of torture. My office is
offering a training programme with the assistance of Indonesia’s Komnas Ham
and our partner the Association for the Prevention of Torture, on national human
rights institutions’ central role in preventing torture and in ensuring that justice is
served, and remedies are provided, to victims of torture. National institutions
have an obligation to remind their governments of the imperative of undertaking
effective measures to prevent all acts of torture or cruel inhuman or degrading
treatment or punishment. They must remind them every step of the way that the
right to live free from torture is non-derogable. Similarly, they should stress the
importance of prevention and continue to call for the universal ratification of the
Convention against Torture and its Optional Protocol.
The High Commissioner also states that one of the challenges of the Asia Pacific region
remains the lack of a single human rights instrument reflecting a common regional approach to
human rights in the region. The ACJ agrees. We consider that the APF and, in particular, the
ACJ are uniquely placed to prepare a draft regional or sub-regional instrument for the region
and would recommend that the ACJ be instructed to undertake this task.
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