Torture and other cruel, inhuman or
degrading treatment or punishment
A/RES/74/143
23. Calls upon States parties to the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment 1 to fulfil their obligation to
submit for prosecution or extradite those alleged to have committed acts of torture,
regardless of where such acts were committed, if the alleged offender is present in
any territory under their jurisdiction, and encourages other States also to do so,
bearing in mind the need to fight impunity;
24. Encourages States to consider establishing or maintaining appropriate
national processes to record allegations of torture and other cruel, inhuman or
degrading treatment or punishment and to ensure that such information is accessible
in accordance with applicable law;
25. Stresses that an independent, competent domestic authority must promptly,
effectively and impartially investigate all allegations of torture or other cruel,
inhuman or degrading treatment or punishment, as well as wherever there is
reasonable ground to believe that such an act has been committed, and that those who
encourage, instigate, order, tolerate, acquiesce in, consent to or perpetrate such acts
must be held responsible, brought to justice and punished in a manner commensurate
with the severity of the offence, including the officials in charge of any place of
detention or other place where persons are deprived of their liberty where the
prohibited act is found to have been committed;
26. Recalls, in this respect, the Principles on the Effective Investigation and
Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (the Istanbul Principles) 8 as a valuable tool in efforts to prevent and
combat torture and the updated set of principles for the protection and promotion of
human rights through action to combat impunity; 9
27. Emphasizes that it is important for law enforcement officials to be able to
play their role in safeguarding the right not to be subjected to torture and other cruel,
inhuman or degrading treatment or punishment, and for States to ensure the proper
functioning of the criminal justice system, in particular by taking effective measures
to combat corruption, establish proper legal aid programmes and provide for the
adequate selection, training and remuneration of la w enforcement officials;
28. Encourages all States to ensure that persons charged with torture or other
cruel, inhuman or degrading treatment or punishment have no involvement in the
custody, interrogation or treatment of any person under arrest, detenti on,
imprisonment or other deprivation of liberty while such charges are pending and, if
such persons are convicted, after the conviction;
29. Calls upon all States to adopt a victim-oriented approach 10 in the fight
against torture and other cruel, inhuman or degrading treatment or punishment, paying
special attention to the views and needs of victims in policy development and other
activities relating to rehabilitation, prevention and accountability for torture;
30. Also calls upon all States to adopt a gender-responsive approach in the
fight against torture and other cruel, inhuman or degrading treatment or punishment,
including by taking into consideration the United Nations Rules for the Treatment of
Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok
Rules), 11 and to pay special attention to sexual and gender-based violence;
31. Calls upon States to ensure that the rights of persons who are marginalized
and most vulnerable, including persons with disabilities, bearing in mind t he
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8
9
10
11
6/9
Resolution 55/89, annex.
E/CN.4/2005/102/Add.1.
See A/HRC/16/52.
Resolution 65/229, annex.
19-22243