Resolution 2528 (2024)1Provisional version

Allegations of systemic torture and inhuman or degrading treatment or punishment in places of detention in Europe

Parliamentary Assembly

1. The Parliamentary Assembly notes that the absolute prohibition of torture and other forms of ill-treatment has been codified in numerous universal, regional and national legal instruments, including constitutional norms. The prohibition is also recognised as part of customary international law, and as far as torture is concerned, as having attained jus cogens status. It is a norm from which no derogation is permitted, under any circumstances, including in time of war or other public emergency, or in the most difficult circumstances, such as the fight against terrorism. Moreover, it should be recalled that torture may also give rise to individual criminal responsibility for crimes against humanity, when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack.

2. As recalled in the Reykjavík Declaration “United around our values” adopted by the Heads of State and Government at the 4th Council of Europe Summit (Reykjavík, 16-17 May 2023), the Council of Europe must ensure that the absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment is upheld. Article 3 of the European Convention on Human Rights (ETS No. 5, “the Convention”), which contains an absolute prohibition of torture, inhuman or degrading treatment or punishment, enshrines one of the most fundamental values of democratic societies, according to the case law of the European Court of Human Rights (the “Court”). It is a value of civilisation closely bound up with respect for human dignity, which forms part of the very essence of the Convention. Persons in detention are in a vulnerable position and States are under a duty to protect their physical well-being and to account for any injuries suffered.

3. Recalling its Resolution 2160 (2017) “25 years of the CPT: achievements and areas for improvement”, the Assembly congratulates the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) for its outstanding work which has led to significant improvements in the States Parties. While it is the duty of the States Parties to implement the recommendations of the CPT, the latter deserves the strongest political support from other bodies, including the Assembly itself and the Committee of Ministers. The Assembly will therefore continue to strengthen its dialogue with the CPT and reinforce its political support, by reacting appropriately to the CPT’s public statements and paying greater attention to its reports and recommendations.

4. The Assembly notes however that torture and ill-treatment continue today to be present in places of detention throughout the world, including in Council of Europe member States and State Parties to the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (ETS No. 126, “the CPT Convention”). There is a clear gap between the absolute prohibition of this egregious practice and the reality on the ground. The culture of impunity with regard to torture and ill-treatment allows State actors to repeatedly fall short of their international obligations. The Committee of Ministers, when supervising the execution of judgments of the Court, has regarded some cases concerning violations of Article 3 of the Convention against certain member States as raising long-standing structural problems and is therefore examining them under the so-called “enhanced supervision” procedure. In the past two years

1. Assembly debate on 24 January 2024 (4th sitting) (see Doc. 15880, report of the Committee on Legal Affairs and Human Rights, rapporteur: Mr Constantinos Efstathiou). Text adopted by the Assembly on 24 January 2024 (4th sitting).

28 DE FEVEREIRO DE 2024 ___________________________________________________________________________________________________________

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