Torture and other cruel, inhuman or degrading treatment
or punishment
A/RES/80/198
persons, and in this regard recognizing the importance of promptly and impartially
investigating as well as employing non‑coercive interviewing techniques and
implementing associated legal safeguards to prevent torture and to effectively obtain
accurate and reliable information,
Recognizing also that the effective implementation of the absolute prohibition
of torture and other cruel, inhuman or degrading treatment or punishment promotes,
inter alia, peaceful and inclusive societies for sustainable development, contributes to
access to justice for all, builds effective, accountable and inclusive institutions at all
levels and contributes to achieving the Sustainable Development Goals, 6
Commending the persistent efforts of victims and survivors, civil society
organizations, including non‑governmental organizations, as well as national human
rights institutions and national preventive mechanisms, and the considerable network
of centres for the rehabilitation of victims and survivors of torture, to prevent and
combat torture, to alleviate the suffering of victims and survivors of torture and to
foster their integration,
Deeply concerned that acts which can amount to torture and other cruel,
inhuman or degrading treatment or punishment, including when committed against
persons exercising their rights to freedom of peaceful assembly and of association and
freedom of expression, persist in all regions of the world in both peacetime and armed
conflicts,
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, instigate, authorize, consent to 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
treatment or punishment nor allow pleas of respondeat superior as a criminal defence
in cases in which such orders were obeyed;
4.
Emphasizes that acts of torture or inhuman treatment are grave breaches
of the Geneva Conventions of 1949, that acts of torture and cruel treatment in armed
conflict are serious violations of 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, and in this
regard notes the efforts of the International Criminal Court to end impunity by seeking
to ensure accountability and punishment of perpetrators of such acts, in accordance
with the Rome Statute, bearing in mind its principle of complementarity, and
encourages States that have not yet done so to consider ratifying or acceding to the
Rome Statute;
5.
Also emphasizes that States must take persistent, determined and effective
measures to prevent and combat all acts of torture and other cruel, inhuman or
degrading treatment or punishment, stresses that all acts of torture must be made
offences under national criminal law punishable by appropriate penalties that take
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6
25-20949
See resolution 70/1.
3/11
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