-
On 13 of Dec,
2022 in commemoration of the International Human Rights Day, and the fifth
anniversary of the State of Palestine’s Ratification of the Optional Protocol
to the Convention against Torture and other Cruel, Inhuman or Degrading
Treatment or Punishment, the Palestinian Ministry of Interior/ Human Rights
Unit and in cooperation with the Treatment and Rehabilitation Center for
Victims of Torture (TRC, IRCT Member), organized a conference, titled:
Psychological Torture - Definition and Measures of Prevention and Protection.
The Conference
took a place on Tuesday, 13/12/2022 at Sheikh Hazza Al Nahyan Hall, Al-Istiqlal
University Campus - Jericho. The conference was attended by several partners
and representatives such as: The Minister of the Interior- His Excellency Ziyad
Hab Al-Reeh; EUPOL COPPS; Al-Istiqlal University; Military
Medical Services; Ministry of Health; Departments of the Forensic
Medicine; Administration of the Correction and Rehabilitation Centers Palestinian;
Ministry of Justice, Prosecution Office, Palestinian Civil Police, Ministry of
Social Development; Law enforcement and NGOs representatives.
The conference
discussed and highlighted several protection themes such as:
- The guiding
principles and the implementation of The Istanbul Protocol, in particular in unifying the standards and
Investigation Techniques, Documentation Techniques, Capacity Building. The
Istanbul Protocol was developed to establish specific United Nations standards
on how effective legal and clinical investigations into allegations of torture
or ill-treatment should be conducted. While the Istanbul Protocol served to
bridge the gap between the treaty-based duties of States to investigate torture
and ill-treatment and the lack of normative guidance, particularly on
medico-legal investigation and documentation of torture and ill-treatment, it
did not provide detailed, specific guidance on how States should implement
these standards.
- The need for special Psychological Testing system and mechanisms to
identify the cases of Psychological Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment such as:
Rorschach Test, and Stanford Test; MMPI; PTSD test, syndrome Check list, Mental state examination.
- The need for
Effective Compliance system, Referral System; and the need for Standard
Operation Producers (SOPS) in relation to Investigation and Documentation of
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Violations occur when a law, policy or practice deliberately
contravenes or ignores obligations held by the State concerned or when the
State fails to achieve a required standard of conduct or
result. Additional violations occur when a State withdraws or
removes existing human rights protections.
- The legal framework on torturer in the domestic and international
obligations; The need for legal harmonization; however, the protection
constrains in documenting the torture cases, lack of access to Justice, and
impunity culture. All human rights, civil, cultural, economic, political and
social — impose three distinct types of obligations on governments: obligations
to respect protect and fulfil. The failure of a government to perform any of
these obligations constitutes a violation of human rights.
- State responsibility: which means that every treaty in force is binding
upon the parties to it and must be performed by them in good faith. Thus,
States that have ratified international humanitarian law or human rights
treaties are bound by their provisions. Moreover, according to the Vienna
Convention on the Law of Treaties, States that have signed but not ratified a
treaty are bound to act in good faith and not to defeat its object and purpose.
- Accountability and call to end of impunity culture: States have the
obligation to ensure effective torture and ill-treatment prevention,
accountability and redress. One of the most important legal obligations arising
from violations of international human rights and humanitarian law, in
particular in cases of Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment is the obligation to ensure accountability
for those violations.
