A/RES/72/163
Torture and other cruel, inhuman or degrading treatment or punishment
obligations of States with respect to torture and other cruel, inhuman or degrading
treatment or punishment,
Recognizing that States must protect the rights of those facing criminal
sentences, including the death penalty and life imprisonment without the possibility
of parole, and of other affected persons in accordance with their internation al
obligations,
Noting that, under the Geneva Conventions of 1949, 2 torture and inhuman
treatment are a grave breach and that, under the statute of the International Tribunal
for the Prosecution of Persons Responsible for Serious Violations of Internation al
Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991,
the statute of the International Criminal Tribunal for the Prosecution of Persons
Responsible for Genocide and Other Serious Violations of International Humanitarian
Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for
Genocide and Other Such Violations Committed in the Territory of Neighbouring
States between 1 January and 31 December 1994 and the Rome Statute of the
International Criminal Court, 3 acts of torture can constitute crimes against humanity
and, when committed in a situation of armed conflict, constitute war crimes,
Recognizing the importance of the implementation of the International
Convention for the Protection of All Persons from Enforced Disappearance, 4 which
makes a significant contribution to the prevention and prohibition of torture,
including by prohibiting secret places of detention and by ensuring legal and
procedural safeguards for persons deprived of their liberty, and encoura ging all States
that have not done so to consider signing, ratifying or acceding to the Convention,
Taking note of the launching of the Alliance for Torture-Free Trade,
Commending the persistent efforts of civil society organizations, including
non-governmental organizations, national human rights institutions and national
preventive mechanisms, and the considerable network of centres for the rehabilitation
of victims of torture, to prevent and combat torture and to alleviate the suffering of
victims of torture,
Deeply concerned about all acts which can amount to torture and other cruel,
inhuman or degrading treatment or punishment committed against persons exercising
their rights of peaceful assembly and freedom of expression in all regions of the
world,
1.
Condemns all forms of torture and other cruel, inhuman or degrading
treatment or punishment, including through intimidation, which are and shall remain
prohibited at any time and in any place whatsoever and can thus never be justified,
and calls upon all States to implement fully the absolute and non-derogable
prohibition of torture and other cruel, inhuman or degrading treatment or punishment;
2.
Also condemns any action or attempt by States or public officials to
legalize, authorize or acquiesce in torture and other cruel, inhuman or degrading
treatment or punishment under any circumstances, including on grounds of national
security and counter-terrorism or through judicial decisions, and urges States to
ensure the accountability of those responsible for all such acts;
3.
Stresses that States must neither punish personnel for not obeying orders
to commit or conceal acts amounting to torture or other cruel, inhuman or degrading
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2
3
4
2/9
Ibid., vol. 75, Nos. 970–973.
Ibid., vol. 2187, No. 38544.
Ibid., vol. 2716, No. 48088.
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