Statement on the International Day in Support of Victims of Torture – 26 June 2026
26 June was proclaimed as the International Day in Support of Victims of Torture by the United Nations (UN) to mark the entry into force of the UN Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (UNCAT), to promote its effective implementation, and to strengthen global efforts to eradicate torture. UNCAT is an international human rights instrument which commits and guides states on torture criminalization, prevention, investigation, sanctions, and redress for victims.
At the regional level, Article 5 of the African Charter on Human and Peoples’ Rights (the African Charter) and the Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa (the Robben Island Guidelines), guarantee the right to dignity and affirm the absolute prohibition of torture, a peremptory norm or jus cogens.
The prohibition of torture is a fundamental international standard whereby states cannot derogate from their obligation under any circumstances, whether in detention or non-custodial settings. Specifically, Guidelines 9 and 10 of the 2002 Robben Island Guidelines provide that circumstances such as war or threat of war, political instability, and public emergency, or notions such as necessity, national emergency, and public order cannot be invoked to justify torture and other ill-treatment.
There is a common perception that torture generally occurs in the context of deprivation of liberty, and most guidance documents provide standards and procedural safeguards the prevention of torture and other ill-treatment in the context of detention. However, torture may occur outside places of deprivation of liberty, including in the context of public assemblies and policing of protests, during arrest and stop-and-search, at checkpoints and border control, at the time of evictions, election-related operations, or during crowd control activities.
Therefore, on this International Day in Support of Victims of Torture, the African Commission on Human and Peoples’ Rights (ACHPR) and its Committee for the Prevention of Torture in Africa (the CPTA) underscore the importance of prohibiting and preventing torture under all circumstances including non-custodial settings.
Mindful of the importance of clarifying the scope and content of the obligation to prohibit and prevent torture and other ill-treatment in non-custodial settings, including during the policing of assemblies and other encounters with the public under Article 5 of the African Charter, the ACHPR adopted ACHPR/Res.652 (EXT.OS/XXXIX) 2025 Resolution on the development of a General Comment on the Prevention of Torture including in Non-Custodial Settings, designating CPTA to lead the process.
In line with its mandate to promote and facilitate the implementation of Article 5 of the African Charter and the Robben Island Guidelines, the CPTA is in the process of developing the General Comment to provide much-needed interpretive guidance to State Parties, national oversight and human rights institutions, law enforcement agencies, and civil society organisations.
