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Protection from
torture and other forms of cruel, inhumane and degrading treatment

Torture is defined as any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person, for a specific purpose, and inflicted by or at the institution of, consent or acquiescence of a public official or other person acting in an official capacity. OMCT envisions a world free from torture and other ill-treatment in which human dignity prevails. In the context of migration, the OMCT documented numerous instances of excessive use of force and physical violence, violations to the principles of non-refoulement, deportations and push-backs, interceptions at sea, dismantlement of informal settlements, arbitrary arrests and detention. OMCT’s research aims to generate clear information and evidence-based data and recommendations to support duty bearers to comply with the universal prohibition of torture.

International law

Article 1 of the United Nations Convention against Torture defines “torture” as any act by which severe physical or mental pain or suffering is intentionally inflicted on a person. Such acts must be carried out for a specific purpose, including obtaining information or a confession, punishing, intimidating, or coercing the individual, or for reasons based on discrimination of any kind. They must also be inflicted by, at the instigation of, or with the consent or acquiescence of a public official or another person acting in an official capacity. States are obliged not only to prohibit torture by their own officials, including law enforcement and security forces, but also to exercise due diligence to prevent, investigate, and punish acts of torture committed by non-state actors within their jurisdiction.

OMCT envisions a world free from torture and other ill-treatment in which human dignity prevails. Torture and the risk of torture need to be made visible through credible data and evidence. In the context of migration, torture and ill-treatment can take many forms. These may include physical violence and excessive use of force (such as kicking or beating), psychological abuse (including humiliation or threats), sexual and gender-based violence (such as rape or forced prostitution), poor detention conditions and prolonged solitary confinement, secret or incommunicado detention and deportation to a state where there is a risk of torture or ill-treatment, in violation of the principle of non-refoulement.

Case Studies

Tunisia
In Tunisia, the OMCT – thanks to its SANAD programme of multi-disciplinary assistance and through its partner organizations – documented numerous instances of excessive use of force and physical violence during security forces operations. These include the dismantling of informal settlements along the coastal area; arbitrary arrests in the public space; during police custody, pre-trial and detention; during operations of interceptions at sea and search and rescue as well as during internal forced displacements and deportations to Libya or Algeria. The OMCT also reported cases of psychological violence, including humiliations, racist insults, and threats, as well as incidents of sexual violence — either perpetrated directly by security forces or committed with their tolerance or complicity. Finally, the OMCT recorded testimonies from people on the move, including children, detained in poor conditions and subject to prolonged solitary confinement.
Libya
In Libya, the OMCT, in partnership with the Libyan Anti-Torture Network (LAN), documented widespread and systematic human rights violations against people on the move. These include arbitrary arrests and mass round-ups in urban areas; prolonged and unlawful detention in official and unofficial facilities; and interceptions at sea followed by forced returns to Libya. The OMCT further documented patterns of severe physical violence, including beatings, torture, and deaths in custody, as well as forced labour and exploitation, particularly in detention settings controlled by armed groups or affiliated actors. In addition, testimonies collected highlight pervasive psychological abuse, including threats, extortion, and degrading treatment, alongside incidents of sexual violence, especially against women and vulnerable groups. The organization also documented inhumane detention conditions, characterized by severe overcrowding, lack of access to food, water, and medical care, and the systematic denial of due process or legal safeguards.
Human
stories

William is originally from Cameroon and was arrested in Tataouine by the National Guard. Along with other people, he was forced into a 4×4 and told that they were going to be placed in a reception center. During the journey, he claims to have been beaten several times. After several hours on the road, during the night he and the other members of the group were handed over to Libyan armed groups in the desert. He spent four months in prison in Zawiya, Libya. During his detention, he was mistreated and subjected to daily physical violence, resulting in an injury to his back – as well as an attempted extortion for ransom. He had no access to medical assistance. He finally managed to escape from prison and to reach Tunisia, in an advanced state of exhaustion, with severe pain in his lower back preventing him from sitting or lying down without pain.

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