A/HRC/52/30 challenges and contexts, including countries facing internal insurgencies, armed conflicts with non-State actors, terrorist activities or other emergency situations. For example, some States criminalize torture not only when inflicted by people acting in their official capacity, but also acting outside their official capacity or in a wholly private capacity. 64 Uganda has extended the article 1 definition to include criminal liability for “other persons acting in an official or private capacity”. Argentina and Mexico include torture committed by private actors, while Guatemala and the Plurinational State of Bolivia explicitly criminalize torture when committed by members of organized gangs. While the decision to incorporate torture committed by individuals who are not government officials within the definition of torture is at the discretion of States, the prosecution of such cases must not be used to take attention away from investigating torture committed by public officials or for the purposes of skewing statistics. 45. A number of States have chosen to make no distinction between torture and other cruel, inhuman or degrading treatment or punishment and to list them together as a contiguous crime, leaving any distinctions to the sentencing phase and including more severe penalties for more egregious acts (Angola, Kenya and the Maldives). Other countries have opted to criminalize “cruel, inhuman or degrading treatment or punishment” separately, with lesser penalties attached. Article 4 of the Convention against Torture requires that torture be criminalized, but it does not extend that obligation to other forms of ill-treatment.65 That said, other forms of ill-treatment must continue to be investigated and prosecuted if they rise to the level of criminal behaviour, and if that behaviour falls short of criminal conduct, disciplinary procedures should be instituted. 46. Some States that prosecute torture under universal jurisdiction 66 do not simultaneously have a general crime of torture in their penal codes, which means that it is not possible to prosecute their own nationals who commit torture at home whereas foreign nationals present in their territory are liable to prosecution for acts committed elsewhere. The Special Rapporteur is encouraged to learn that those States are working to rectify this double standard. E. Participation, protection and empowerment of victims 47. Every complainant is to be treated with compassion and dignity before, during and after legal proceedings. Their privacy and safety, both physical and psychological, must be safeguarded.67 Further, States are required, under article 13 of the Convention, to protect “the complainant and witnesses [ … ] against all ill-treatment or intimidation as a consequence of his [or her] complaint or any evidence given”. Under article 14, States are obliged to provide as full rehabilitation as possible after a complaint of torture or other ill-treatment has been made or a victim is identified. Access to rehabilitation is not contingent on participation as victims or witnesses in legal proceedings.68 48. Trauma caused by torture, if left untreated, can lead to serious consequences, including deteriorating mental stability, physiological illnesses, anxiety, depression, sleep deprivation and memory loss. It can also result in a reduced ability to cope with the pressures, expectations and unknown consequences of court proceedings. Early access to trauma counselling and other forms of rehabilitation would assist not only the mental health of complainants, it would also help them to become more reliable witnesses in court proceedings. 49. Victims recount genuine reasons for being hesitant about filing complaints. They may lack confidence in the criminal legal system to hear and treat their experiences impartially, 64 65 66 67 68 GE.23-03126 Human Rights Committee, general comment No. 20 (1992), para. 2. M. Novak et al., The United Nations Convention Against Torture and its Optional Protocol, p. 176, para. 1. Germany, Sweden and Switzerland. Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, paras. 10 and 12 (b) and (c); see also Rome Statute of the International Criminal Court, art. 68. Committee against Torture, general comment No. 3 (2012), para. 15. 11