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Michel Bachelet: Rape is a monstrous crime, perpetrators must be held accountable – but death penalty and torture are not the answers

UN High Commissioner for Human Rights Michelle Bachelet, on Thursday 15 October 2020, called on governments worldwide to redouble their efforts to prevent rape and other forms of sexual violence, improve access to justice and reparations for victims, and ensure prompt criminal investigations and prosecutions of perpetrators. 

“In the wake of numerous reports of horrific rapes, in various parts of the world in recent weeks, including Algeria, Bangladesh, India, Morocco, Nigeria, Pakistan and Tunisia, among others, people have rightly been outraged and are demanding justice for the victims and measures to prevent sexual assaults,” Bachelet said.

“I share the outrage and stand in solidarity with the survivors, and with those demanding justice. But I am concerned that there are also calls – and in some places laws already being adopted – bringing in cruel and inhuman punishments and the death penalty for perpetrators.”

“The main argument being made for the death penalty is for it to deter rape – but in fact there is no evidence that the death penalty deters crime more than other forms of punishment. Evidence shows that the certainty of punishment, rather than its severity, deters crime,” Bachelet said. “In most countries around the world, the key problem is that victims of sexual violence do not have access to justice in the first place – whether due to stigma, fear of reprisals, entrenched gender stereotypes and power imbalances, lack of police and judicial training, laws that condone or excuse certain types of sexual violence or the lack of protection for victims.”

“I urge States to adopt a victim-centred approach to fighting the scourge of rape and other sexual violence. It is crucial that women are active participants in designing measures to prevent and address these crimes, and that law enforcement and judicial officials receive the requisite training in handling such cases,” Bachelet said.

“Tempting as it may be to impose draconian punishments on those who carry out such monstrous acts, we must not allow ourselves to commit further violations.”

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