Looking Back on 40 Years of the Fight Against Torture with the Chair of the Committee Against Torture

Tuesday, 10 December 2024 marks the 40th anniversary of the Convention against Torture. Over the past four decades, the global community has achieved significant milestones in raising awareness, implementing preventative measures, supporting victims, and holding perpetrators accountable. Yet, the fight against torture and other ill-treatment is far from over, marked by enduring challenges such as impunity, reparation gaps, and evolving forms of torture. Claude Heller, Chair of the Committee against Torture, the UN body of rights that monitors states' compliance with the Convention Against Torture, reflects on the Committee’s achievements and his vision for the future.

How did you get involved in the fight against torture?

My involvement is tied to my personal and family history. My parents were political refugees in Mexico after the Spanish Civil War and World War II. From my childhood, I was aware of the horrors my family experienced, such as being in concentration camps. These traumatic stories made me very sensitive to human rights issues in my own country, Latin America and the world. As a diplomat, I contributed to building the UN human rights system, including my experience on critical situations as the head of the Mexican delegation to the Human Rights Commission, my participation on the field leading UN Security Council missions and my contribution to the Central America Peace Process. Joining the Committee against Torture in 2016 gave me the opportunity to apply my background and engage constructively with States, victims, NGOs, and civil society to have a real impact.

What are the Committee Against Torture's key achievements in preventing torture globally?

The Convention against Torture, adopted 40 years ago, reflected the challenges of its time, such as Latin American dictatorships and conflicts in Africa, Europe, the Middle East and Asia. It brought human rights and torture prevention to the global agenda. The Convention has been ratified by 175 states, becoming a critical reference for legislation against torture worldwide. It is also invoked in judiciary processes, as well as in international courts, as it is the case of the judicial complaint of Canada and the Netherlands before the International Court of Justice against Syria for the violation of the Convention against Torture.

However, ratification is not enough and is not the end of the road. Implementation is a complex process considering historical, social, economic and geopolitical factors, as well as the involvement of non-state actors. The Committee against Torture has helped identify these challenges, emphasizing the need for a culture of human rights, training for security forces, military judges, doctors and lawyers, and addressing the complexities of varied contexts.

Are there any growing challenges within your work?

I would say that a large majority of States have issues linked to the Convention, such as overcrowding of prisons, and the challenges that derive from it, the violence in the penitentiary system, the lack of a policy for rehabilitation and deplorable conditions of detention, etc. We are also seeing setbacks in human rights through the right to asylum being denied by some States, and the criminalisation of migration. We have to adapt and respond to these new policies of a populist trend coming from extremist political parties. The proliferation of internal conflicts and wars implies the persistence of torture and ill-treatment.

Something I always say is that there are no good guys and bad guys. Torture and ill-treatment also happen in democratic societies. We have seen that example with the murder of George Floyd in 2020 and the excessive use of force by the police that has been happening in the United States and other places, or France and the movement of the Gilets Jaunes, which was a social movement where there was also excessive force being used. Sexual and gender-based or domestic violence, female genital mutilation, the application of the death penalty, trafficking of persons, conflict-related violence and violence motivated by hatred are now integrated in our agenda. The decrees of a State of Emergency are also more frequent in the world justifying arbitrary detentions, torture and violation of human rights.

Why do you feel it is so important to guarantee the involvement of civil society organisations, human rights defenders, and torture survivors in the fulfilment of the functions of the Committee?

They are very important actors as a source of information. We want to give a voice to victims and members of civil societies to share their lived experiences and give them the freedom to express themselves before the Committee when we are examining the States periodic reports. Also, Article 22 enables victims to submit individual complaints, and their involvement helps the Committee against Torture recommend policies to address concrete cases of violation of the Convention. Civil society also amplifies pressure on States to act on these recommendations. For instance, information from Belarusian organisations following the 2020 fraud elections highlighted systemic acts of torture in the country, helping the Committee’s to proceed with a confidential enquiry. Their participation ensures that the voices of the victims are heard, and that States are held accountable before the international community.

What would be your message to victims, survivors, and states around the world on this 40th anniversary of the Convention?

The main positive aspect is that we have agreed on policies that state that the prohibition of torture is absolute and cannot be justified under any circumstance, and that it can be prevented. The Convention, among other issues, stipulates the State obligation to prevent acts of torture, the criminalization of the offence of torture, the obligation to prosecute or extradite the perpetrators, the obligation to conduct a prompt and impartial investigation, the obligation to guarantee the right to complain and to ensure redress of the victims, the inadmissibility of evidence obtained by means of torture, and the duty to ensure education regarding the prohibition of torture and the systematic review of interrogation rules, methods and practices for custody an treatment of persons deprived from their liberty.

While the main goal remains the eradication of torture under all circumstances, progress depends on States accepting external monitoring and adopting the Optional Protocol universally. States must also invest in education, training, and reform to ensure long-term compliance.

What is your vision for 2034, when the Committee against Torture (CAT) celebrates its 50th anniversary?

In the coming years, we will go through an uncertain transition period in international relations, which will affect the human rights system, when the liberal order that emerged after the Second World War is in crisis confronting many challenges. We are living in a very difficult context, and a new order transformation has to emanate at the global level on the basis of respect for the rule of law and the human rights obligations that States have assumed on a voluntary basis.

Human rights mechanisms and procedures must adapt to emerging issues taking into account the erosion of democratic values and the violation of the UN Charter. Progress will require global collaboration and renewed commitment from States in the field of human rights. It is important to mobilize civil societies in favour of a movement that transcends borders because too many problems are interconnected. Only then can the Convention contribute to a more just and peaceful world where human dignity is respected.

This content was produced by the #UnitedAgainstTorture Consortium (OMCT, IRCT, FIACT, APT, OMEGA and REDRESS), funded by the EU. The contents are the sole responsibility of UATC and do not necessarily reflect the position of the EU.