A/77/502
13. Decades of research and practice catalogue the best means of preventing torture
and inhuman treatment, some of which include enacting clear laws and regulations
(A/65/273, paras. 42–52; see A/76/168); actively enforcing legal and procedural
safeguards and adopting non-coercive interviewing methods and techniques (see
A/68/295 and A/71/298); investing in modern and human rights-infused training and
education; open, transparent and non-discriminatory recruitment and promotions
criteria and processes (Human Rights Council resolution 46/15, para. 23); rigorous
disciplinary codes; oversight by independent, arm’s-length and fully funded visiting
and monitoring entities (as envisaged in the Optional Protocol to the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or P unishment; see
A/61/259); safe complaints procedures and victim and witness protection;
independent and impartial rights-based investigations, backed up by independent
prosecutors and judges (see A/76/168); and clear rules that exclude from proceedings
any evidence obtained by torture (A/61/259, paras. 44–48). Political, executive and
military leaders are key to breaking cycles of entrenched, recurring or
institutionalized abuse and impunity. Ministerial and parliamentary 6 responsibility,
engagement and oversight are further prerequisites for a torture -proof society.
14. The extent to which Governments cover up, explain away or justify acts of
torture, including through elaborate or obtuse legal arguments, tells us that it is a
deeply shameful practice, not endorsed by any constitution or religion. Torture and
related ill-treatment have no place in our contemporary world and should be relics of
the past, relegated to museums of medieval and colonial periods. If left unchecked,
excused or unaddressed, the perpetration or tolerance of torture and ill -treatment can
lead to reputational damage, disruption of trade and touri sm, and loss of international
standing. Trying to recover one’s place among law-abiding nations after endemic or
systemic torture is fraught with scepticism, suspicion and scrutiny.
15. Despite progress in many domains and countries, torture and other ill -treatment
and punishment are widely practised. Taking action to address torture and ill treatment ranked in the top five recommendations in the first three cycles of the
universal periodic review, a salient reminder that much work remains to be done. It is
our individual and joint responsibility to invest in that work. Acknowledging that no
State has a perfect record would be a welcome breakthrough and allow authorities
and the public to remedy and heal from past abuses, take steps to prevent recurrence,
and move forward guided by human rights.
III. Vision, approach and priorities of the Special Rapporteur
16. The Special Rapporteur will capitalize on the benefits of cooperation and
constructive conversation, and she intends to share concrete and pragm atic advice in
line with international law and best practice. She will place a heavy emphasis on
leadership and ownership by relevant authorities. The key to sustained and long -term
change is in the hands of leaders at all levels, who need to be involved i n identifying
the problem and being part of the solution. Without ownership and involvement, there
is no impact. Credit will be given to progress made and reparations granted.
17. The Special Rapporteur will perform her functions in accordance with Human
Rights Council resolutions 5/1 on the institution -building of the Council and 5/2 on
the Code of Conduct for Special Procedure Mandate Holders of the Council, and the
annexes thereto; and Council resolution 43/20 and later resolutions.
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Inter-Parliamentary Union and Office of the United Nations High Commissioner for Human Rights
(OHCHR), Human Rights: Handbook for Parliamentarians, revised ed. (2016), pp. 129–135.
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