PRESS RELEASE

International Women's Day
8 March 2005

On the occasion of International Women's Day, 8 March, OMCT would
like to 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.

For more information about OMCT's Violence Against Women Programme,
please contact Carin Benninger-Budel at cbb@omct.org or Alexandra
Kossin at ak@omct.org.


Organisation Mondiale Contre la Torture (OMCT)
World Organisation Against Torture (OMCT)
Organización Mundial Contra la Tortura (OMCT)
8 rue du Vieux-Billard
Case postale 21
CH-1211 Geneve 8
Suisse/Switzerland
Tel. : 0041 22 809 49 39
Fax : 0041 22 809 49 29
E-mail : omct@omct.org
http://www.omct.org

Source: PRESS RELEASE

International Women's Day
8 March 2005

On the occasion of International Women's Day, 8 March, OMCT would
like to 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.

For more information about OMCT's Violence Against Women Programme,
please contact Carin Benninger-Budel at cbb@omct.org or Alexandra
Kossin at ak@omct.org.


Organisation Mondiale Contre la Torture (OMCT)
World Organisation Against Torture (OMCT)
Organización Mundial Contra la Tortura (OMCT)
8 rue du Vieux-Billard
Case postale 21
CH-1211 Geneve 8
Suisse/Switzerland
Tel. : 0041 22 809 49 39
Fax : 0041 22 809 49 29
E-mail : omct@omct.org
http://www.omct.org