A/HRC/58/49
Committee against Torture or reported by the Subcommittee on Prevention of Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment of individuals who have
suffered torture because of their religion or belief, other than cases related to violations in the
name of religious norms and non-refoulement.25
16.
The International Covenant on Civil and Political Rights and the Convention against
Torture offer complementary protection and, alongside regional treaties, were designed to
protect victims against violations of these and other human rights. This multilayered system
closes potential gaps of protection, thus allowing individuals to seek redress for human rights
violations in the most suitable venue. However, this should not be seen as encouraging
“forum shopping”, as regional human rights courts and treaty bodies tend to reject cases that
were already decided or are being “examined under another procedure of international
investigation or settlement”.26
17.
At the time of writing, the International Covenant on Civil and Political Rights had
174 States parties and the Convention against Torture had 175; only 12 States were not party
to either treaty.27
18.
The main legally binding regional human rights treaties uphold both rights,
reinforcing the notion that the protection of freedom of religion or belief and the prohibition
of torture and ill-treatment are complementary rights aimed at the protection of everyone.28
Subregional bodies in Africa, such as the Economic Community of West African States and
the East African Community, have also addressed torture and ill-treatment in their
jurisdictions.29
19.
Regional human rights bodies have also developed specific treaties to address torture
and ill-treatment. The first of these was the Inter-American Convention to Prevent and Punish
Torture, followed by the European Convention for the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment. In the African system, although there is no specific
treaty on the prevention of torture, the Guidelines and Measures for the Prohibition and
Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa
(Robben Island Guidelines) offer substantive guidance on the topic. All these documents
emphasize the prevention of torture and ill-treatment but do not refer explicitly to religion or
belief. In the African system, however, more recent guidelines on topics related to torture
and ill-treatment have taken considerations regarding religion or belief seriously. 30
20.
While the prohibition of torture and ill-treatment and the right to freedom of religion
or belief are complementary rights and equally non-derogable, they feature an important
nuance in all the binding treaties mentioned above. The prohibition of torture and
ill-treatment is absolute, meaning that it admits of no limitation or restriction. Likewise,
freedom of thought, conscience, religion or belief is absolute in its internal aspect (forum
25
26
27
28
29
30
GE.24-24412
observance of, human rights and fundamental freedoms for all without distinction as to race, sex,
language or religion”.
See, for example, Ltaief v. Tunisia (CAT/C/31/D/189/2001); Thabti v. Tunisia
(CAT/C/31/D/187/2001); Abdelli v. Tunisia (CAT/C/31/D/188/2001); Hajib v. Morocco
(CAT/C/74/D/928/2019); CAT/OP/MKD/1, para. 46; and CAT/OP/NZL/1.
See, for example, Optional Protocol to the International Covenant on Civil and Political Rights, art.
5 (2) (a); Convention against Torture, art. 22 (5) (a); and Committee against Torture, G.J. v. Spain
(CAT/C/71/D/839/2017), para. 6.2.
However, all of those 12 States had ratified the Convention on the Rights of the Child, which also
protects both rights examined in the present report (arts. 14 and 37), reinforcing the understanding
that the prohibition of torture has achieved jus cogens status.
Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention
on Human Rights), arts. 3 and 9; American Convention on Human Rights, arts. 5 (2) and 12; and
African Charter on Human and Peoples’ Rights, arts. 5 and 8. The Association of Southeast Asian
Nations (ASEAN) Human Rights Declaration is not binding on States, but also recognizes these
rights in articles 14 and 22.
Istanbul Protocol, as revised, paras. 108 and 109.
Guidelines on the Conditions of Arrest, Police Custody and Pre-Trial Detention in Africa (Luanda
Guidelines); Principles and Guidelines on Human and Peoples’ Rights while Countering Terrorism in
Africa; and Guidelines on Combating Sexual Violence and its Consequences in Africa (2017).
5