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On the occasion of the UN Human Rights Day, the World Organisation against Torture OMCT and fourteen partner organisations from eight countries in the Middle East and North Africa see below jointly call on all governments of the region to make the absolute prohibition of torture and ill-treatment a reality. The year has been marked by the call for freedom and justice in the Middle East and North Africa. The wave of popular and peaceful protests sought to overcome repressive regimes in the region characterized by a widespread practice of torture and ill-treatment committed with impunity and deeply entrenched in a system of emergency and special laws.

Equally, we must not spare any effort to end the use of torture and seek accountability for those responsible for the violent repression of dissent and opposition movements. Other governments of the region have responded to the nascent protests by initiating certain reforms, such as in Morocco. However, concerns over continuous practices of torture and ill-treatment, the lack of steps to fight impunity remain acute as highlighted last week by the UN Committee Against Torture. In others, such as Algeria, reforms have been proposed that would increase restrictions on fundamental freedoms if they were adopted. Looking for a smile a friend a date in dubasari lifting of the state of emergency had no positive consequences as emergency provisions had already been incorporated into common law and new legislation fails to provide vital legal safeguards in detention, and even allows for detention in secret places.

Human rights violations, including torture, arbitrary detentions Who is hyori lee dating enforced disappearances, continue to be committed by security forces with full impunity. While Tunisia and Egypt were the first countries Looking for a smile a friend a date in dubasari the region to hold free elections Constituent Assembly and parliamentary respectively and new opportunities are on the horizon the legacy of human rights violations is a daunting challenge.

Especially in Egypt there has been little evidence of meaningful reforms to end the widespread practices of torture as the Supreme Council of the Armed Forces SCAF continues to rely on emergency laws and to use military courts to try civilians, to violently repress peaceful protests and to target persons who are perceived to be critical to the Looking for a smile a friend a date in dubasari in place. The changes in Libya have raised enormous expectations and hopes about an end to gross human rights violations known under the Best hookup app for teenagers in india regime. However, the revelations about torture and ill-treatment and arbitrary detention, including by the forces of the transitional authority, indicate the need for sustained efforts to prevent torture and to ensure accountability, and the full cooperation with the International Criminal Court.

In other countries the situation remains dire, such as Yemen and Bahrain. In particular in Syria security forces continue to respond to protests with force and the use of torture. In its report published on 28 Novemberthe Independent International Commission of Inquiry on Syria expressed its grave concern that crimes against humanity have been committed by Syrian military and security forces since the repression against protests started in March Against the background of a defiant response by Syria so far, a stronger and unanimous response by the UN, including the Security Council, must now include a transfer to the International Criminal Court.

The protests in the Middle East and North Africa may herald the beginning of a new era in the region; there is, however, still a long way to go before attaining freedom, justice and democracy. Despite progress on individual freedoms, the country is far from having eradicated torture in custody which remains widely practices by the security forces. A clear message needs to be sent to all law enforcement agencies that acts of torture and ill-treatment will no longer be tolerated. In light of the continuation of systematic and widespread use of torture in some countries of the region, such as Syria, governments, including those in the region, should use their influence within the international community to ensure that those responsible are held accountable cf.

However, despite recent reforms in some countries there has been limited evidence of real accountability as of yet. We recall that the obligation to investigate acts of torture is an immediate one that needs to be conducted ex officio. This should include also investigations of past abuses to ensure that the victims of torture are provided with remedies and reparation and to ensure that the right to truth is fully respected. While there is a slowly emerging acknowledgement of past practices of torture in certain countries, there remains insufficient recognition of the need to ensure effective remedies and reparation to victims of torture.

Any credible reform process, must be built on the recognition of torture survivors as victims of a serious human rights violation, with full entitlement to effective remedies and reparation, including compensation and access to legal, social and medical rehabilitation. A plethora of national security services has been operating under in-transparent mandates, ambiguous legal basis and lines of command and within a framework that has assured de jure or de facto impunity for acts of torture. A clear and transparent legal framework, the separation between intelligence and law enforcement functions with arrest and detention powers being the provenance of law enforcement, and effective civilian and judicial oversight are thus core demands.

These special systems of justice need to be replaced by the jurisdiction of the ordinary civilian justice system. Moreover, any credible and viable reform process in the region should lead to the strengthening of judicial independence, the establishment of effective remedies, and in countries undergoing constitutional reforms, such as in Tunisia, may also consider the establishment of constitutional human rights remedies such as constitutional courts. Strengthening effective safeguards, such as immediate access to lawyers from the moment of arrest and without need for special permission, as well as access to independent medical expertise and other safeguards against torture must be made a reality.

Effective judicial oversight is equally required to ensure compliance with existing standards. These standards are equally vital in national security and counter-terrorism cases to avoid abuse. The ratification of the Optional Protocol to the UN Convention Against Torture should be an important first step and be followed-up by the establishment of independent national visiting mechanisms, that are properly resourced and have access to any place of custody. Moreover, independent civil society access and monitoring of places of detention is an important element of democratization that should be embedded in reforms demilitarizing the penitentiary system to ensure compliance with international standards and principles of democratic accountability.

This should ensure that laws on association and assembly are brought fully in compliance with international standards. Authorities should also ensure that any form of threat or harassment of human rights defenders is brought to an end and that those responsible are held to account. This requires the integration of international standards into domestic law, ways to ensure compliance of domestic law with such standards, and may include the legal reception of decisions by universal or regional complaint mechanism. It is particularly important to ensure that in cases such as the one in Syria jurisdiction is transferred to the ICC.

We also call for the countries of the region to become actors for change that speak up for the protection of human rights and initiate and improve the universal human rights system and its mechanisms.




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These standards are equally vital in national security and counter-terrorism cases to avoid abuse. A clear and transparent legal framework, the separation between intelligence and law enforcement functions with arrest and detention powers being the provenance of law enforcement, and effective civilian and judicial oversight are thus core demands. Against the background of a suffocating response by Syria so far, a stronger and unanimous response by the UN, including the Security Council, must now include a transfer to the International Criminal Court.