Torture and other cruel, inhuman or degrading treatment
or punishment
A/RES/80/198
into account their grave nature, and calls upon States to prohibit under national law
acts constituting cruel, inhuman or degrading treatment or punishment;
6.
Recognizes that conflict-related sexual violence may amount to torture,
and encourages States to ensure that effective legislative, administrative, judicial and
other measures are taken to prevent and respond to such acts, and calls upon all States
to ensure respect for the prohibitions of sexual violence and torture during armed
conflict;
7.
Stresses that States must ensure that no statement or evidence that is
established to have been obtained as a result of torture is invoked as evidence in any
proceedings, except against a person accused of torture as evidence that the statement
or evidence was obtained, urges States to extend that prohibition to statements or
evidence obtained as a result of cruel, inhuman or degrading treatment or punishment,
and recognizes that adequate corroboration of statements, including confessions, used
as evidence in any proceedings constitutes one safeguard for the prevention of torture
and other cruel, inhuman or degrading treatment or punishment;
8.
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, stresses the
importance of effective legal and procedural safeguards in this regard, and recognizes
that diplomatic assurances, where given, do not release States from their obligations
under international human rights, humanitarian and refugee law, in particular the
principle of non‑refoulement;
9.
Recalls that, for the purpose of determining whether there are substantial
grounds for believing that a person would be in danger of being subjected to torture,
the competent authorities shall take into account all relevant considerations,
including, where applicable, the existence in the State concerned of a consistent
pattern of gross, flagrant or mass violations of human rights;
10. Urges States to ensure that border control operations and reception centres
fully comply with international human rights obligations and commitments, including
the prohibition of torture and other cruel, inhuman or degrading treatment or
punishment;
11. Calls upon all States to adopt and implement effective measures to prevent
torture and other cruel, inhuman or degrading treatment or punishment, in particular
in the context of the use of force by law enforcement officials and in places of
detention and other places where persons are deprived of their liberty, including legal
and procedural safeguards, as well as to ensure that the competent judicial or
disciplinary authorities and, where relevant, the prosecution can effectively ensure
compliance with such safeguards;
12. Also calls upon all States to take effective measures to ensure that the use
of force by police and other law enforcement officials, including the use of less -lethal
weapons, is in conformity with international obligations and the principles of legality,
necessity, proportionality, accountability and non‑discrimination, and that those using
force account for each use of force, bearing in mind that lethal force may only be used
as a last resort to protect against an imminent threat to life or grievous b odily harm,
and recalls in this regard Human Rights Council resolution 46/15 of 23 March 2021; 7
13. 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
_______________
7
4/11
See Official Records of the General Assembly, Seventy-sixth Session, Supplement No. 53
(A/76/53), chap. V., sect. A.
25-20949
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