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

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