Torture and other cruel, inhuman or degrading treatment
or punishment
A/RES/80/198
legislation which contains or may contain provisions of wider application, and
emphasizing the importance of properly interpreting and implementing the
obligations of States with respect to torture and other cruel, inhuman or degrading
treatment or punishment,
Recalling in particular article 2 of the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment, according to which each
State Party shall take effective legislative, administrative, judicial or other measures
to prevent acts of torture in any territory under its jurisdiction,
Recalling the obligation of States to investigate and prosecute all acts of torture
in accordance with relevant international law,
Recognizing that States must protect the rights of those facing criminal charges
or sentences, including the death penalty and life imprisonment without the possibility
of parole, and of other affected persons in accordance with their international
obligations,
Noting that, under the Geneva Conventions of 1949, 2 torture or 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 International
Humanitarian Law Committed in the Territory of the Former Yugoslav ia 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 f or
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 encouraging all States that have
not done so to consider signing, ratifying or acceding to the Convention,
Recognizing also the importance of the implementation of the International
Convention against the Taking of Hostages 5 to the prevention of torture and other
cruel, inhuman or degrading treatment or punishment, and encouraging all States that
have not done so to consider signing, ratifying or acceding to the Convention,
Recognizing further that the prevalence of corruption, including in law
enforcement and justice systems, can have a negative impact on the fight against
torture and other cruel, inhuman or degrading treatment or punishment, including by
eroding fundamental safeguards and preventing victims of torture and other cruel,
inhuman or degrading treatment or punishment from effectively seeking justice,
redress and compensation through the justice system,
Recognizing that police and other law enforcement officials play a vital role in
the protection of the right to life, liberty and security of persons, and in serving the
community and protecting all persons against acts of torture and other cruel, inhuman
or degrading treatment or punishment, and that, in the performance of their duties,
law enforcement officials are obligated to respect and protect the human rights of all
_______________
2
Ibid., vol. 75, Nos. 970–973.
Ibid., vol. 2187, No. 38544.
4
Ibid., vol. 2716, No. 48088.
5
Ibid., vol. 1316, No. 21931.
3
2/11
25-20949
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