Protesting without fear: A policy framework to end torture and ill-treatment in the context of protests
The absolute prohibition of torture and other ill-treatment extends beyond places of deprivation of liberty; it also applies in extra-custodial settings including during protests and other assemblies.
Yet, the management of protests is all too often characterised by violent repression and excessive use of force to discriminate, intimidate or punish those exercising their rights to freedom of expression and peaceful assembly. These practices go hand in hand with the lack of training of law enforcement officials and the inappropriate use of a growing range of less-lethal weapons, resulting in severe, long-lasting physical or psychological harm, or even death.
“Restrictions on civic participation are being worsened by the ongoing availability of law enforcement equipment that, by design or impact, is considered inherently abusive, or is being misused,”Dr Alice Jill Edwards, UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
Despite this reality, incidents of police brutality in protest contexts are rarely acknowledged as violations of the absolute prohibition of torture and other ill-treatment. This lack of recognition undermines accountability, hinders the adoption of preventive measures and access to justice and allows such impunity to persist.
To effectively respond, States must adopt concrete measures grounded
in the anti-torture framework and other relevant human rights
instruments, including the UN Convention against Torture and the Model
Protocol for Law Enforcement Officials to Promote and Protect Human
Rights in the Context of Peaceful Protests.
“The implementation of the Model Protocol will be an important step to end impunity and ensure victim-centred accountability in order to end the cycle of repression against protesters”Gina Romero, UN Special Rapporteur on freedom of peaceful assembly and of association.
This newly published policy paper outlines practical and essential measures that States should adopt, supported by country-specific examples of good practice to prevent these violations, ensure access to justice and provide reparation, including rehabilitation, to victims.
The paper draws on the collective expertise of the UATC Working Group on Torture and Other Ill-Treatment in the Context of Protests and Other Assemblies, a diverse, global group of experts and civil society representatives as well as the UATC Task Force composed of representatives from the six organisations that form the UATC.
Read the full policy paper here.
UATC is an EU-funded project that pools the strengths and expertise of six international anti-torture organisations, in partnership with over 200 civil society organisations and other partners in 100+ countries, to strengthen and expand torture prevention, protection, rehabilitation and strategic litigation.
For more information, please contact
- Marie Salphati, UATC coordinator, msa@omct.org, +41 79 607 67 51