A/HRC/52/30
75.
The Special Rapporteur encourages international and national organizations
supporting the efforts of Governments in developing national accountability
frameworks to make sure that torture is criminalized as a serious criminal offence in
ordinary criminal law, alongside efforts to legislate torture as a war crime and as a
crime against humanity.
76.
For national authorities, torture trials are often wrongly perceived as a threat to
the very heart and legitimacy of governmental power. This false perception leads to
serious obstacles to the delivery of justice, including through obstruction, threats and
intimidation, legal and procedural irregularities and corruption. On the contrary, what
threatens governmental legitimacy is torturing people, refusing to investigate and try
perpetrators and allowing torturers to go unpunished. Impunity is the antithesis of
accountable government.
77.
The scale and extent of crimes of torture being perpetrated by public officials in
countries, places and contexts worldwide far outstrip the capacity of international
courts and tribunals to respond, no matter the international commitment to those
bodies. This numerical gap alone pleads for national authorities to step up and own
processes of justice, accountability, reconciliation and nation-building. No State has a
perfect scorecard, but every State has the capacity to make changes through leadership
in action. The Special Rapporteur calls on all Governments to establish, empower and
equip national investigative bodies to take action against torture in line with
international standards and best practices.
GE.23-03126
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