OMCT's intervention at the Commission on Human Rights under item 13

STATEMENT TO THE UNITED NATIONS COMMISSION ON HUMAN RIGHTS BY THE WORLD ORGANISATION AGAINST TORTURE (OMCT)
59th session March- April 2003



For consideration under Item 13 (Rights of the Child) of the Provisional Agenda



Ms. Chairperson,

In the last five years, the World Organisation Against Torture has documented and acted on hundreds of cases of torture and other forms of violence and repression against children. These are not sporadic and isolated acts. Rather, they have very often proved to be part of a systemic phenomenon, notably within juvenile justice systems.

Ms. Chairperson,

Torture and other inhumane and degrading treatments are frequently committed against children in police stations and detention centres around the world. OMCT regularly denounces such acts as sexual abuse, beating on the most sensitive parts of the body, prolonged exposure to sunlight, deprivation of food and sleep, closed and solitary confinement. In many countries, children are subject to inhumane conditions of detention, as a result of imprisonment with adults, overpopulation and the absence of hygiene and care. In other countries, such as the Russian Federation and Central Asian States, children are victims of unfair judicial proceedings since harassment, death threats, torture and other forms of ill-treatment are commonly used for the purpose of confession. In detention, they are then denied protection, including from abuse and torture by co-detainees, and they have little opportunities of rehabilitation.

OMCT also condemns the arbitrary detention of child victims of trafficking and exploitation or child asylum seekers, treated as illegal aliens rather than as subjects of rights in need of protection and assistance, notably within the European Union and other rich nations.

OMCT is also strongly concerned that the legislation of some countries, provide that children can be subjected to corporal punishment such as amputation, flogging and stoning. These sanctions lead to immediate physical and psychological damage, long-term developmental problems, and to death in some cases. OMCT believes that any case of amputation and stoning is a case of torture under any circumstance, and that flogging amounts to torture in most cases. These punishments are therefore unlawful, yet they are permitted in the domestic legislation of at least 50 countries and are frequently imposed by Iran, Saudi Arabia and Sudan.

Ms. Chairperson, the US and Iran still impose death penalty on child offenders, while over the past decade several countries have made the important step of abolishing it. As recently reminded by the Inter-American Commission on Human Rights, the prohibition of the execution of offenders under the age of 18 years at the time of their crime is a norm of international customary law and constitute as well a norm of ius cogens. As such, this prohibition is binding for all States. Furthermore, OMCT would like to highlight the psychological suffering which children endure while awaiting execution or when at high risk of being condemned to death.

Finally, in relation with Casa Allianza’s statement, OMCT deems that unlawful killings, even when the perpetrators are not identified, may engage State responsibility for lack of due diligence. Nicaragua, Honduras, Brazil and other States must engage in proactive policies against this phenomenon. OMCT welcomes the efforts made by Honduras in that field but would like to remind that such policies, in order to be efficient, whether focusing on prevention or rehabilitation both of child victims and offenders, must not further criminalize youth. They must rather sensitize and empower children as subjects of rights.

Ms. Chairperson,

Mainstreaming children’s rights within the existing international mechanisms on human rights must be strengthened and encouraged. OMCT strongly welcomes the UN study on violence against children and would like to reiterate the urgent need for additional measures to protect children from violence now. In that spirit, OMCT recommends the Commission to appoint a Special Rapporteur on Violence Against Children to investigate proactively, respond to allegations and take urgent action to stop, prevent and redress these violations of the fundamental human rights of children.

Thank you Ms. Chairperson.

Geneva, April 2003