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. 18 GE.23-03126

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