A/RES/61/153
9.
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;
10. 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;
11. 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
as visits by family members and independent monitoring mechanisms are effective
measures for the prevention of torture and other cruel, inhuman or degrading
treatment and punishment;
12. Reminds all States that prolonged incommunicado detention or detention
in secret places may 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;
13. Calls upon all States to take appropriate effective legislative,
administrative, judicial and other measures to prevent and prohibit the production,
trade, export and use of equipment that is specifically designed to inflict torture or
other cruel, inhuman or degrading treatment;
14. Urges all States that have not yet done so to become parties to the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment1 as a matter of priority;
15. Invites all States parties to the Convention that have not yet done so to
make the declarations provided for in articles 21 and 22 of the Convention
concerning inter-State and individual communications, to consider the possibility of
withdrawing their reservations to article 20 of the Convention and to notify the
Secretary-General of their acceptance of the amendments to articles 17 and 18 of the
Convention as soon as possible;
16. Urges States parties to comply strictly with their obligations under the
Convention, including, in view of the high number of reports not submitted in time,
their obligation to submit reports in accordance with article 19 of the Convention,
and invites States parties to incorporate a gender perspective and information
concerning children and juveniles and persons with disabilities when submitting
reports to the Committee against Torture;
17. Acknowledges with appreciation the entry into force of the Optional
Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, 6 and calls upon States parties to give early consideration
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6
Resolution 57/199, annex.
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