A/HRC/58/49 10. There are few cases of individuals being prosecuted in jurisdictions other than those in which the human rights violations took place, yet this is possible, as demonstrated in the Jesuitas case. In that case, Spain prosecuted Inocente Montano, a former military commander from El Salvador, for crimes committed in another country. The commander had been involved in torture, forced disappearances and assassinations – most notably, the killing of five Jesuit priests – in El Salvador. After those events, Mr. Montano fled to the United States of America but was arrested there and later extradited to Spain to be prosecuted for the crimes he had committed in El Salvador. A Spanish court found him guilty of the killings of the Jesuit priests 31 years after the massacre.17 This case demonstrates that, despite jurisdictional barriers, by framing them into precise legal definitions, there is a higher likelihood that such cases can be successfully prosecuted and justice can be done for victims and their families. 2. Treaty law 11. In terms of treaty law, the International Covenant on Civil and Political Rights protects persons against torture and ill-treatment and upholds their freedom of religion or belief.18 It is important to note that the Human Rights Committee has emphasized that there is “no hierarchy of importance of rights under the Covenant”. 19 Therefore, if a particular case involves a potential violation of both rights in question, both rights should be taken into consideration equally. The equality of rights also supports the fact that special procedures regularly issue joint communications and raise relevant rights.20 12. A significant point of convergence between the prohibition of torture and freedom of religion or belief under the International Covenant on Civil and Political Rights is that neither of these rights is subject to derogation.21 13. Another meeting point between freedom of religion or belief and the prohibition of torture in the International Covenant on Civil and Political Rights is the proscription of coercion in article 18 (2), which states: “No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.” Not all forms of coercion reach the threshold of torture or ill-treatment, but all forms of torture inflicted on persons on the grounds of their religion or belief constitute coercion. In other words, when torture or ill-treatment is committed against someone because of their religion or belief, both rights are violated. 14. The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment provides more detail about the prohibition of torture and ill-treatment, as well as the positive obligations that States need to undertake in order to protect this right. The Convention prohibits torture and ill-treatment against any person without exception. The definition of torture in the Convention considers torture as “any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person” for several purposes, including “for any reason based on discrimination of any kind”.22 States parties to the Convention must ensure the protection of individuals or communities who are especially at risk of torture or ill-treatment by virtue of their religious beliefs. 23 15. The prohibition of torture based on discrimination of any kind establishes the nexus between the prohibition of torture and freedom of religion or belief in the Convention against Torture.24 However, there have only been a few cases adjudicated by the 17 18 19 20 21 22 23 24 4 Caso Jesuitas, 4/2015 (Audiencia Nacional de España, 9 September 2020), pp. 3, 39, 127 and 128. International Covenant on Civil and Political Rights, arts. 7 and 18, respectively. General comment No. 24 (1994), para. 10. See, among others, A/HRC/31/18 and A/HRC/43/48. International Covenant on Civil and Political Rights, arts. 4 (1) and 4 (2); and Siracusa Principles on the Limitation and Derogation Provisions in the International Covenant on Civil and Political Rights, para. 58. Convention against Torture, art. 1 (1). Committee against Torture, general comment No. 2 (2007), para. 21. The Convention against Torture, preambular paragraph 3, also refers to Article 55 of the Charter of the United Nations, which reiterates the obligation of the States “to promote universal respect for, and observance of, human rights and fundamental freedoms”. Article 55 (c) of the Charter makes the nondiscrimination aspect of the clause even clearer as it encourages “universal respect for, and GE.24-24412