International Day in Support of Victims of Torture: The Rule of Law in the Face of Violations of Human Dignity

Dr. Ziyad Abdulwahhab Al-Nu’aimi
College of Law, University of Mosul

Torture constitutes one of the means that violate human dignity. It is categorically rejected in all its forms, due to the psychological, social, and legal consequences that result from its perpetration.

On the 26th of June each year, the International Day in Support of Victims of Torture is observed, affirming the global commitment to rejecting torture in all its forms and manifestations, and consolidating the principle of human dignity as an inherent right that may not be infringed upon under any circumstances or justification. The impact of torture is not limited to the physical or psychological harm inflicted upon the victim; rather, it extends to undermining confidence in the rule of law and justice institutions in states, as it constitutes an assault on the fundamental principles upon which the state is built and a threat to its legal security.

---

The Position of International Law

The prohibition of torture has acquired a significant status in international law. The Universal Declaration of Human Rights of 1948 stipulates that “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”

Relevant international conventions have likewise affirmed that the prohibition of torture is an absolute prohibition that admits no exception, whether in times of war, states of emergency, counter-terrorism efforts, or other exceptional circumstances.

The duty of states is not limited to criminalizing torture in their national legislations; it extends to taking the necessary measures to prevent its occurrence, ensuring prompt and impartial investigation into allegations thereof, holding perpetrators accountable, providing redress to victims, and compensating them for the harm they have suffered. This strengthens confidence in the justice system and preserves human dignity.

---

The Role of the Judiciary and Law Enforcement Agencies

The role of the judiciary and law enforcement agencies is pivotal and fundamental in protecting rights and freedoms, through adherence to the guarantees of a fair trial, respect for the rights of detainees, and the rejection of any evidence or confession obtained through coercion or torture, given that justice cannot be built upon the violation of the law.

---

On This Occasion, a Set of Measures Must Be Emphasized in the Field of Prohibiting Torture:

First: Promoting a culture of human rights in all fields, and developing training programs for those working in the field of criminal justice.

Second: Disseminating legal awareness regarding the importance of respecting human dignity, considering that the prevention of torture is a shared responsibility between the state, society, and human rights institutions.

Third: Supporting independent national mechanisms for the oversight of places of detention, and enabling them to perform their functions freely and transparently, free from any influence.

Fourth: Harmonizing national legislation with international conventions, so as to ensure the existence of provisions that support victims of torture, providing a legal framework for protection and reinforcing the rule of law.

Fifth: Strengthening legal guarantees for arrestees and detainees, including the right to counsel, the right to notify their families, and the right to undergo an independent medical examination to identify any violations committed against them.

---

Conclusion

The International Day in Support of Victims of Torture is not merely an annual global occasion; it is rather a perpetual reminder that respect for the human being is the foundation of justice, and that the rule of law demands zero tolerance for any practice that infringes upon human dignity or detracts from human rights. To the extent that human dignity is safeguarded, justice is entrenched, confidence in institutions is reinforced, and society flourishes under the rule of law.