On the occasion of the International Day in Support of Victims of Torture, which coincides with the entry into force of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, eight human rights organizations called on the countries of the Middle East and North Africa to fulfil their obligations under this convention, by taking serious steps to end the practice of torture and hold perpetrators accountable
The statement, signed by the European Saudi Organization for Human Rights, clarified that torture is defined in Article 1 of the Convention against Torture as “any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person.” Torture is prohibited under international law, which means that no exception can justify such practices. Torture prohibition has also been recognized as part of customary international law. It is therefore binding on all states, regardless of whether or not they are party to the Convention against Torture.
The organizations pointed out that all countries in the Middle East and North Africa are bound by the convention, and therefore by the absolute prohibition of torture. However, as evidenced by civil society organisations' monitoring, torture - like many other human rights violations - remains a pervasive practice across the region. The statement stated that this was partly due to the perpetrators not being held accountable. It also considered the alleged misuse of the fight against terrorism as a pretext for torture.
المنظمات أكدت أن التعذيب انتهاك جسيم لكرامة الإنسان ومحظور تماماً بموجب القانون الدولي. ومع ذلك، فإن السجون ومراكز الاحتجاز في البلدان في جميع أنحاء المنطقة تستخدم التعذيب بشكل منهجي. السجناء والمعتقلون هم الأكثر عرضة لمثل هذه الممارسات ويحرمون باستمرار من حقهم في المعاملة الكريمة.
وشدد البيان على أن هذه البلدان تستخدم أساليب مختلفة للتعذيب تتراوح من إلحاق أذى بدني شديد، إلى تعريض الضحايا لمعاناة عقلية ونفسية تتطور غالباً إلى اضطراب معقد ما بعد الصدمة. لا شك أن التعذيب له آثار مدى الحياة ليس فقط على رفاهية الضحية الجسدية والعقلية، ولكن أيضاً على المجتمع ككل.
They noted that torture was often facilitated by a context of impunity that permitted violence. Examples include war-ravaged countries with divided and/or unstable government institutions, such as Syria, Iraq, Libya, and Yemen, repressive authoritarian regimes such as Egypt, Saudi Arabia, and the United Arab Emirates, and countries ravaged by corruption such as Lebanon.
The organizations consider that countries such as Saudi Arabia and the UAE misuse anti-terrorism legislation to fuse political opposition with terrorism. This enables them to arrest and detain individuals, often in secret and incommunicado locations, creating an environment conducive to torture. Any criticism of the government can be justified as a “threat to national unity” and treated as a terrorist offence, giving officials plenty of room to use torture.
They explained that in Saudi Arabia, officials regularly use violence from arrest until conviction. Civil society organizations have received reports of Saudi officials using brutal and horrific torture methods, including flogging, beatings with an electric baton, handcuffing and hanging individuals by the wrists from the ceiling, electric shocks, deprivation of food and sleep, prolonged solitary confinement, waterboarding, and denial of medical care, sexual harassment and assault, threats of rape and execution, among other acts.
Torture is often used in Saudi Arabia to coerce a false confession, which is then presented in court as evidence of guilt. In a recent case involving several young men facing execution, all of the defendants were convicted for their actions when they were minors. They were tortured and detained.
In the UAE, torture is also used to extract confessions and convict individuals on trumped-up charges. Some detainees are often held after their sentences expire under the pretext of “rehabilitation,” and are subjected to prolonged or indefinite periods of detention, which also amount to torture.
In Lebanon, officials have cracked down on Syrian refugees, deporting many to Syria. This is where they may face torture and other human rights abuses for their opposition to the Assad regime. With the Netherlands and Canada filing a complaint against Syria with the International Court of Justice over torture committed by the government, a path to accountability appears possible.
In Yemen, the war has allowed various actors to torture. For example, two men were tortured by Emirati forces in a secret detention centre located at the Total Energy gas plant in Balhaf. Likewise, torture is a widespread practice plaguing an unstable, war-ravaged Iraq. In Egypt, the UN found that in a context of impunity torture has become widespread and systematic. More than 1,000 Egyptians have died in Egyptian detention and prisons since 2013, many due to torture and other ill-treatment.
The organizations assert that torture continues to play a role in cross-border repression, as countries in the Middle East and North Africa extradite dissidents and activists regardless of the imminent risk of torture and human rights abuses. The statement indicated that Morocco had recently deported Saudi citizen Hassan Al Rabea. This led to his enforced disappearance for several months, due to fears of torture and numerous violations. Similarly, Jordan handed over dissident Khalaf Al-Rumaithi to the UAE despite fears of torture.
As officials in the MENA region continue to use torture with impunity, the organizations have called on states to fulfil their obligations under the Convention against Torture, to which they are parties. I also call on countries around the world to uphold the principle of non-refoulement. This stipulates that individuals should not be extradited or deported to countries where they are at risk of torture.
The signatories:
Democracy for the Arab World Now (DAWN)
AlQST for Human Rights
FIDH
The European Saudi Organization for Human Rights (ESOHR)
Human Rights Foundation
Freedom Initiative
EDAC rights
MENA Rights Group