A/HRC/52/30
III.
Recommendations
74.
In the light of the information in the present report, the Special Rapporteur
recommends the following actions to States:
(a)
Prioritize legislative reform establishing a coherent framework for
complaints and investigations into torture and other ill-treatment, starting by
criminalizing torture in line with article 1 of the Convention against Torture; repeal all
laws that constitute torture or other forms of cruel, inhuman or degrading treatment
or punishment; amend laws that permit amnesties, immunities and statutes of
limitations for the crime of torture; and review penalties and sentencing guidelines,
bearing in mind the availability of the Special Rapporteur to provide technical advice
on draft laws and procedures;
(b)
Establish or designate investigation authorities with independent
statutory authority and competence to investigate acts of torture or other ill-treatment,
in line with minimum standards of: impartiality; promptness; effectiveness; and public
scrutiny through periodic public reporting on complaints received, ongoing
investigations and outcomes; and ensure the hierarchical, financial and administrative
independence of investigative bodies and officials;
(c)
Set clear limits on what constitutes a reasonable delay in opening
investigations of torture or other ill-treatment, ensuring that investigations are opened
or reported to the competent authorities within the first few hours and no later than 24
to 48 hours after receiving complaints or being alerted to allegations; any delays are to
be explained and documented in writing and subject to judicial oversight;
(d)
Review and/or design complaints procedures to allow all individuals to
safely and conveniently file complaints against public officials or authorities without
fear of intimidation or reprisal;
(e)
Provide a clear legislative basis for ex officio investigations, as well as
guidance and training for judges and prosecutors on how to handle and be attuned to
potential torture or ill-treatment; have all appropriate measures in place to protect
complainants; and ensure, in particular, if they must remain in custody, that they are
transferred to an alternative place of detention under judicial or other independent
supervision;
(f)
Adopt guidelines and standards for investigators, prosecutors, lawyers,
medical and forensic experts and judges on:
(i)
Documentation and investigation of cases of torture or other ill-treatment,
as set out in the Istanbul Protocol and, if death should occur as a result of torture,
in line with the Minnesota Protocol on the Investigation of Potentially Unlawful
Death;
(ii)
Victim participation, protection and empowerment measures as outlined
in the present report;
(iii) Interviewing techniques for victims, witnesses and suspects in alignment
with the Méndez Principles;
(iv) The admissibility and treatment of open source information, taking into
account the Berkeley Protocol;
(g)
Permit the collection and admission of second medical opinions or other
expert reports or testimony into court proceedings to counteract the State monopoly on
evidence production;
(h)
Renew investments in training and education, in line with article 10 of the
Convention against Torture; such training must be extended to judges, prosecutors,
lawyers, investigators and medical and forensic scientists and should be offered in
faculties of law and medicine.
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