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Eradication of torture can not happen unless concrete measures are taken both for the
short-term and the long-term. All measures presuposse political will, tight monitoring of
human rights violations by ‘watchdogs’ as UN Treaty Committees and national and
international human rights organizations that are persistent in their demands for change.
The mobilization of civil society to work for punishment of the officials is of utmost
importance. This needs again the creation of awareness in the public and the Government
on the detrimental effects of torture on health, mental health, human dignity and dignity of
Society itself. Prevention of torture can be implemented through measures at the
legislative level, the institutional level, the civil society level and the citizen level. The
following suggestions are not exhaustive but examples of preventive measures.
Legislative level: The existing national laws protecting health, sexual and reproductive
rights, and those prohibiting torture and sexual violence against women should be
consistent with international standards. Rape during war is now labeled as torture and
commanders should instruct troops on international laws, strictly forbid sexual violence
and inform about punishment rules. National laws should furthermore include concrete
measures for implementation of the prohibitions.
All levels of the judicial system can support prevention of torture by taking a strong
position in support of laws protecting human rights. National laws, penal laws, codes of
military conduct and other specialized procedures should be revised according to
international laws, so that responsibilities taken on after signing the Conventions are
carried out in reality instead of staying only in the form of papers. The States that have
signed the Convention against Torture and Convention on Elimination of Discrimination
against women have the responsibility to investigate allegations against gender torture
and ensure that those who encourage, order, tolerate or perpetuate such acts shall be
held responsible. Country reports delivered to different Treaty bodies concerning human
rights violations against women can be a tool for Governments and civil society to monitor
the situation and set objectives for change.
A law should be enacted that forbids physical force in connection with the implementation
of population control policies. In this connection there should be clear lines as to what
types of behaviour by officials are acceptable/unacceptable. Officials crossing these lines
must be prosecuted and removed from their posts. No change in the prevalence of torture
will happen if the State does not adopt firm and highly visible policies condemning all
forms of sexual violence. Widespread impunity against ‘the letter of law’ is incompatible
with the Prevention of torture.
States shall ensure in their legal system that victims of torture obtain redress and have the
right to compensation, including the means for as full rehabilitation as possible.
compensation should be awarded for any economical damage or physical and mental
harm, including pain and suffering and emotional distress, costs required for legal
expert assistance, medication, health and mental health services. If the victim dies as a
result of torture her dependants should be entitled to compensation.
Institutional level: In case of sexual violence during armed conflict, since peacekeeping
has become an important part of the activities of UN, peacekeepers should be given
necessary training in gender issues before they are sent to troubled areas. Victims and
NGOs should in cases of rape by officials in war and peace be given the opportunity to
trigger investigations and offer emergency services. Prosecutors’ offices should be
supplied with a strong gender division.
Capacity building programmes within the military, the police, the penitentiary system, the
criminal system and other law-executing personnel in gender sensitivity and knowledge of
physical and mental health consequences of torture should be implemented.
Gender-sensitive training of judicial and law-enforcement officers and other public officials
can change attitudes and conduct towards women. Rates of rape and other sexual
abuse can be brought to decrease if female personnel participates during interrogation of
female detainees, and females in prisons should be guarded by female officers. As sexual
violence always raise strong emotions, embarrassment and subsequent silence, the
prosecution, the judiciary and forensic experts should be given training on how to address
problems of sexual violence. Persons trained to work with victims of violence against
women working in the judicial system are essential for the prosecution of sexual violence.
Standard minimum rules for the treatment of prisoners should be implemented in order to
prevent abuses of imprisoned females. Legal remedies for victims, including an individual
right to compensation, rehabilitation and access to social services.
The different bodies of police, prison and other detention systems can facilitate the
investigation of women’s complaints of sexual abuse by establishing specific offices and
systems of complaining. Since women can expect reprisals from the offenders, these
Complaints offices should keep strict confidentiality and ensure protection of witnesses.
Pamphlets on how and where to seek assistance when sexually abused could be printed
and distributed.
States should provide lawyers to females since females are often lacking in knowledge of
the legal system and its possibilities for protection. Conditions in protective custody, e.g. in
re-education camps or other kinds of ‘Safe’ camps can be improved if the State is
assisted by Non-governmental organizations that can create alternative shelters less
dangerous for women or participate in the monitoring of these detentions. Improving the
material conditions of the camps, e.g. fencing off the locations against foreign intruders,
increasing security control, better lighting, locking of bedrooms and washing facilities, can
reduce sexual abuse of women and female children.
Research institutions and University settings can be encouraged to investigate the causes
of gender violence and effects of violence on health and lost working hours.
The relevant institutions on all levels of society can launch public information and
educational programmes to change attitudes in the area of Gender violence.
Civil Society level. Spreading awareness on gender – torture can not be implemented if
civil society itself is not mobilized to endorse the necessity of combating torture. It is therefore important that relevant local governmental offices for women or grass-root
initiatives are encouraged to take part in research, writing and implementation of laws
against human rights violations of women. By Providing funds to grass-roots initiatives
without ideological restriction the real problems can emerge and be targeted for solution
existing women’s organisations, governmental, and non-governmental, can liaise in order
to facilitate the discussion and response to issues of sexual violence. They could produce
and disseminate pamphlets, newsletters, bulletins, poster, songs, theatre, Community
meetings, radio, television and videos on the issue of sexual violence. The objective would
be to change negative attitudes against victims of sexual violence so women are not afraid
to reveal sexual abuse. Reporting on sexual violence in Denmark has increased
considerably during the last 25 years with the establishment of a number of supporting
remedies. Women found out that they will be helped and not stigmatised if they step
forward.
Women’s organisation could liaise with the judicial system in advocacy of enactment of
national legislation on prohibition of torture and protection of women against sexual
violence. Civil society groups could lobby government officials to ensure monitoring of
police, prison, custody conditions in order to decrease torture. NGOs should be given the
opportunity to trigger investigation on human rights violation without persecution and
reprisals for their work.
Co-operation between NGO’s and professional organisations in law and health
professions can mobilise the latter to investigate the problems and propose solutions.
Individual level. A victim that has suffered sexual abuse should be treated with special
consideration in order to avoid retraumatisation and stigmatization during legal and
administrative procedures. All victims should be ensured medical care and post-coital
examination and contraception may be available to prevent that victim becomes pregnant
female medical personnel shall conduct the examination and the victim must be prepared
for this examination that can be retraumatising as it can resemble the sexual torture
there is an urgent need for female gynaecologists to meet the needs of sexually abused
women. The medical examination should investigate for wounds, injuries, sexually
transmitted diseases, and risk of HIV. The State should give access to safe and free
abortion to women that have become pregnant because of rape. The cases should be
treated with maximum confidentiality and follow-up should be offered in order to monitor
emerging health, social, mental health and vocational problems. The women should be
offered legal assistance if they want to file the abuse. Culture-sensitive counseling should
be provided to the women and her family in order to prevent life-time psychological
impairment. We must constantly fight against traditional rejection and attachment of social
stigma to tortured women. They are entitled to begin a new life. Rehabilitation of torture
victims can be long-termed and difficult. However by rehabilitating the tortured person
back to society and to a useful life by supporting her own coping and fight for survival,
we nullify the attempts of the torture to destroy her and take the firm stand against the
malevolence.
Posted on 2002-11-11
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