Torture and other cruel, inhuman or degrading treatment
or punishment
A/RES/77/209
imprisonment, which may include training on the use of force, all available modern
scientific methods for the investigation of crimes and the critical importance of
reporting instances of torture or other cruel, inhuman or degrading treatment or
punishment to superior authorities;
15. Emphasizes that States shall keep under systematic review interrogation
rules, instructions, methods and practices, as well as arrangements for the custody
and treatment of persons subjected to any form of arrest, detention or imprisonment
in any territory under their jurisdiction, and stresses the importance of the
development of domestic guidelines on the conduct of interrogations, with a view to
preventing any cases of torture and other cruel, inhuman or degrading treatment or
punishment;
16. Takes note with appreciation of the Principles on Effective Interviewing
for Investigations and Information Gathering (the Méndez Principles), and
encourages States to use them as appropriate through the implementation of national
measures, including non-coercive interviewing methods and procedural safeguards,
thereby operationalizing the presumption of innocence, ensuring that no person is
subjected to torture or other cruel, inhuman or degrading treatment or punishment
during questioning, as well as improving effective policing, criminal justice
investigations, prosecutions, convictions and other forms of information-gathering
processes;
17. Encourages all States to take appropriate effective legislative,
administrative, judicial and other measures to apply the United Nations Standard
Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules); 7
18. Reminds all States that prolonged incommunicado detention or detention
in secret places can facilitate the perpetration of torture and other cruel, inhuman or
degrading treatment or punishment and can in itself constitute a form of such
treatment, and urges all States to respect the safeguards concerning the liberty,
security and dignity of the person and to ensure that prolonged incommunicado
detention and secret places of detention and interrogation are abolished;
19. Emphasizes that conditions of detention must respect the dignity and
human rights of persons deprived of their liberty, highlights the importance of
reflecting on this in efforts to promote respect for and protection of the rights of
persons deprived of their liberty, calls upon States to address and prevent detention
conditions amounting to torture or other cruel, inhuman or degrading treatment or
punishment, notes in this regard concerns about solitary confinement, and encourages
States to take effective measures to address overcrowding in detention facilities,
which may have an impact on the dignity and human rights of persons deprived of
their liberty;
20. Welcomes the establishment of national preventive mechanisms to prevent
torture and other cruel, inhuman or degrading treatment or punishment, urges States
to consider establishing, appointing, maintaining or enhancing independent and
effective mechanisms that have experts with the required capabilities and professional
knowledge to undertake monitoring visits to places of detention and other places
under State jurisdiction and control where persons are or may be deprived of their
liberty, inter alia, with a view to preventing acts of torture or other cruel, inhuman or
degrading treatment or punishment, and calls upon States parties to the Optional
Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment 8 to fulfil their obligation to designate or establish national
preventive mechanisms at the latest one year after the entry into force of the Protocol
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Resolution 70/175, annex.
United Nations, Treaty Series, vol. 2375, No. 24841.
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