A/RES/62/148
perpetrate acts of torture must be held responsible, brought to justice and severely
punished, including the officials in charge of the place of detention where the
prohibited act is found to have been committed;
Takes note in this respect of the Principles on the Effective Investigation
6.
and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (the Istanbul Principles) 5 as a useful tool in efforts to prevent and
combat torture and of the updated set of principles for the protection of human
rights through action to combat impunity; 6
4F
5F
7.
Calls upon States parties to the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment1 to fulfil their obligation to
submit for prosecution or extradite those alleged to have committed acts of torture;
0H
8.
Encourages all States to ensure that persons convicted of torture or other
cruel, inhuman or degrading treatment or punishment have no subsequent
involvement in the custody, interrogation or treatment of any person under arrest,
detention, imprisonment or other deprivation of liberty;
Emphasizes that acts of torture in armed conflict are serious violations of
9.
international humanitarian law and in this regard constitute war crimes, that acts of
torture can constitute crimes against humanity and that the perpetrators of all acts of
torture must be prosecuted and punished;
10. Strongly urges States to ensure that any statement that is established to
have been made as a result of torture shall not be invoked as evidence in any
proceedings, except against a person accused of torture as evidence that the
statement was made;
11. Stresses that States must not punish personnel who are involved in the
custody, interrogation or treatment of any individual subjected to any form of arrest,
detention or imprisonment or any other form of deprivation of liberty for not
obeying orders to commit or conceal acts amounting to torture or other cruel,
inhuman or degrading treatment or punishment;
12. Urges States not to expel, return (“refouler”), extradite or in any other
way transfer a person to another State where there are substantial grounds for
believing that the person would be in danger of being subjected to torture, and
recognizes that diplomatic assurances, where used, do not release States from their
obligations under international human rights, humanitarian and refugee law, in
particular the principle of non-refoulement;
13. Stresses that national legal systems must ensure that victims of torture
and other cruel, inhuman or degrading treatment or punishment obtain redress, are
awarded fair and adequate compensation and receive appropriate social and medical
rehabilitation, urges States to take effective measures to this end, and in this regard
encourages the development of rehabilitation centres;
14. Recalls its resolution 43/173 of 9 December 1988 on the Body of
Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment, and in this context stresses that ensuring that any individual arrested
or detained is promptly brought before a judge or other independent judicial officer
in person and permitting prompt and regular medical care and legal counsel as well
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5
6
Resolution 55/89, annex.
See E/CN.4/2005/102/Add.1.
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