"Even if you're released one day, you'll leave here handicapped or dead." Prison inspector to Ahmad Abdallah, detained at Tora Prison.
In Syria, the UN Commission of Inquiry's latest report states that torture committed by government forces and affiliated militia is endemic and systematic, especially in detention centers and prisons controlled by the military. In reflection of this situation, today, Syrian human rights defender Mazen Darwish and his two colleagues from the Syrian Centre for Media and Freedom of Expression (SCM), Hussein Gharir and Hani Zaitani, will appear before the Anti-Terrorism Court in Damascus on terrorism charges related to their peaceful activism. While detained at Air Intelligence Force (AIF) detention centre in El Mezza, Damascus, they were severely tortured, and since the beginning of the trial, Mazen Darwish has asked that all the statements he made in detention be revoked given they were made under torture. If Syria were to respect its international obligations, it would discount these statements, and investigate the torture allegations, prosecution the perpetrators and ensure complete redress to Mazen Dawrish and his colleagues for the torture and ill-treatment they have suffered.
In the United Arab Emirates, reports of torture continue to come to light. It is likely that the fundamentally flawed trial of the UAE94 rests on confessions made under torture, and most recently, Egyptian nationals told their families they had been tortured in detention. Alkarama is concerned that torture and mistreatment is becoming widespread in detention facilities.
"I was told I would meet with senior officials but in fact, I was taken somewhere and beaten. I was beaten on my palms, my neck, my shoulders - he kept beating me. He told me 'you don't deserve to live in this country. You are the dregs of society – next time we meet I will put my shoe in your month and trample on your stomach.' "Mohamed Al Sadiq, one of the UAE7 whose Emirati citizenship was withdrawn for his activism in 2012
In Saudi Arabia, the arbitrary nature of the judicial system, and the widespread nature of arbitrary detention, often in solitary confinement, is extremely concerning. In fact, solitary confinement for more than 15 days is considered torture or mistreatment, as beyond this time, some of the psychological consequences of isolation may be irreversible. Another major concern in the country is the frequent occurrence of long-term indefinite detention may in itself be considered torture or mistreatment, without forgetting the impact this has on the families of those detained. The story of Cherif Al Karoui and Hichem Matri is all too common: arrested for unknown reasons on 27 May 2010, they were detained for close to three years without knowing when they would ever be able to return home. There are hundreds, if not thousands, of similar stories in the Kingdom.
In Morocco, despite official recognition from the authorities that torture is prevalent, particularly in counter-terrorism cases – with King Mohammed V acknowledging this in a 2005 interview with El Pais already – prosecution of perpetrators remains extremely rare. Alkarama is particularly concerned about the ongoing detention of hundreds of people arrested after the 2003 Casablanca bombing, following trials based on confessions made under torture. If Morocco were serious about fighting impunity, as it promised in 2012 when it adopted a recommendation under the Universal Periodic Review to "step up its efforts to combat impunity," , it would release these individuals and focus instead on prosecuting those responsible for their abuse, and provide full redress to those affected.
Effective Redress for Survivors of Torture
In a joint call released today, UN experts urged governments to "do more to fulfill their obligations to ensure that torture victims and their families can obtain redress and rehabilitation for the suffering they have endured". In its general comment No. 3, the Committee against Torture – which celebrated its 25th anniversary this year –stresses that the right to reparation encompasses many different elements, including ensuring the survivor is restituted to the situation he or she was in before the torture, providing compensation, rehabilitation, satisfaction (for example, prosecution and sanctioning of people responsible, establishment of the truth, public apologies), and guarantees of non-repetition. The Special Rapporteur Juan E. Mendez has also urged governments to adopt both "a victim-centered" and "holistic" approach in the rehabilitation of survivors of torture.
Moreover, the enforceable right of redress for the survivors of torture does not go without the obligation for the governments to investigate alleged violations and hold perpetrators accountable. Special Rapporteur on the promotion of Truth, Justice, Reparation and Guarantees of Non-Recurrence declared that the redress can be only effective if governments commit to address impunity. He said: "It is crucial for the victims to be involved in truth-seeking exercises and in judicial processes to endure effective and impartial investigations, prosecutions and judgments that reflect the gravity of the offence".