Women's
Day Special
Human
Rights Advocacy
Fighting
against torture
On the occasion of International Women's Day, 8 March,
World Organisation Against Torture (OMCT) expresses its
concern over the worldwide prevalence of violence against
women. In spite of some encouraging signs of progress
to address violence against women through legislative
measures and policies, in every society in the world,
women and girls continue to suffer from gender-based forms
of violence perpetrated with impunity at the hand of the
State, the family and the community.
As
the world's largest network of NGOs fighting against torture,
summary executions, forced disappearances and all other
forms of cruel, inhuman and degrading treatment, OMCT
notes that gender has a significant impact on the form
that torture takes, its circumstances, consequences, and
the access to justice and redress. The prohibition of
torture and cruel, inhuman and degrading treatment or
punishment of women is a peremptory norm of international
law (jus cogens) and cannot be suspended under any circumstance,
including armed conflict whether international or internal
or in situations of public emergency, or for other reasons
relating to national security. However, inasmuch as international
definitions of torture have been narrowly interpreted,
women have been denied equal protection against torture
under both international and national law resulting in
widespread impunity for its perpetrators.
Torture
and ill-treatment of women often has a sexual nature.
In 2004, OMCT issued several urgent appeals denouncing
rape or other forms of sexual violence against women and
girls in Bangladesh, Colombia, Greece, Sri Lanka, Nepal
and Sudan. In not one of these cases have the perpetrators
been punished. In most of the cases, the perpetrator has
not even been arrested and in several of the cases no
investigation was opened at all. OMCT also notes that
many victims of sexual torture are reluctant to report
out of fear and shame. In certain societies victims of
sexual violence are threatened with expulsion from their
home or community, are at risk of being killed or subjected
to further violence at the hands of members of their family
or community, or are forced into marriage. In other countries,
women victims of rape may run the risk of being charged
and punished with adultery or fornication.
This
happened, for example, in Sudan to 22-year old Razaz Abekar
who was sentenced to 100 lashes of the whip on charges
of adultery on 13 March 2004. However, the man who was
charged with having had sex with Ms. Razaz was acquitted
by the same court on the basis of insufficient evidence
against him. This case was brought based on claims that
Ms. Razaz gave birth to a child three years ago outside
of marriage. A policeman brought the case to the attention
of the Attorney General on 13 March 2004. On the same
day, the Attorney General interrogated Ms. Razaz and she
reported that she was raped by the man in question and
that he had promised to marry her. On the same day, Ms.
Razaz was convicted by the court and sentenced to 100
lashes of the whip, which was carried out immediately,
with no possibility of legal assistance or appeal.
OMCT
observes that punishments such as flogging and stoning,
particularly by religious and ad hoc courts, which are
indisputably in violation of international standards that
prohibit torture and other cruel, inhuman or degrading
treatment or punishments, are disproportionately applied
to women, largely as a result of laws that criminalise
adultery and sexual relations outside of marriage. In
addition, evidentiary requirements which provide that
pregnancy constitutes irrefutable "evidence"
of adultery, or that give less weight to the testimony
of women, reinforce the gender discrimination in the administration
of justice.
While
women are victims of gender-specific forms of violence
at the hands of state officials, much violence against
women takes place in the private and community sphere
such as domestic violence, marital rape, trafficking,
rape, violence against women in the name of honour, and
female genital mutilation. In 2004, OMCT issued 7 urgent
appeals concerning crimes against women committed in the
name of honour, particularly in Pakistan. But also in
other parts of the world, perpetrators of crimes against
women committed in the name of honour, often go unpunished,
receive reduced sentences or are exempted from prosecution
on the justification of "honour". Deeply rooted
social and cultural prejudices underlie the "honour"
defence, which is accepted as an exonerating or mitigating
circumstance.
OMCT
would like to conclude by stating that all forms of violence
against women are human rights violations and therefore
have to be addressed with a human rights-based approach,
which imposes on States an obligation under international
law to exercise due diligence in the prevention and investigation
of the violence and in the prosecution and punishment
of the perpetrators as well as in the access to remedies
and redress for the victim.
Source:
World Organisation Against Torture.
