Torture and other cruel, inhuman or degrading treatment
or punishment
A/RES/77/209
under international human rights, humanitarian and refugee law, in particular the
principle of non-refoulement;
8.
Recalls that, for the purpose of determining whether there are substantial
grounds for believing that a person would be in danger of being subjected to torture,
the competent authorities shall take into account all relevant considerations,
including, where applicable, the existence in the State concerned of a consistent
pattern of gross, flagrant or mass violations of human rights;
9.
Urges States to ensure that border control operations and reception centres
fully comply with international human rights obligations and commitments, including
the prohibition of torture and other cruel, inhuman or degrading treatment or
punishment;
10. Calls upon all States to adopt and implement effective measures to prevent
torture and other cruel, inhuman or degrading treatment or punishment, in particular
in the context of the use of force by law enforcement officials and in places of
detention and other places where persons are deprived of their liberty, including legal
and procedural safeguards, as well as to ensure that the competent judicial or
disciplinary authorities and, where relevant, the prosecution can effectively ensure
compliance with such safeguards;
11. Also calls upon all States to take effective measures to ensure that the use
of force by police and other law enforcement officials, including the use of less-lethal
weapons, is in conformity with international obligations and the principles of legality,
necessity, proportionality, accountability and non-discrimination, and that those using
force account for each use of force, bearing in mind that lethal force may only be used
as a last resort to protect against an imminent threat to life or grievous bodily harm,
and recalls in this regard Human Rights Council resolution 46/15 of 23 March 2021; 6
12. Recalls its resolution 43/173 of 9 December 1988 on the Body of
Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment, and in this context stresses that ensuring that any individual arrested
or detained is promptly brought before a judge or other independent judicial officer
in person, facilitating access to legal counsel without delay, and permitting prompt
and regular medical care including, where necessary, an age, disability- and genderresponsive medical and psychological examination that respects the inherent dignity
of the person and upholds their full human rights throughout all stages of detention,
as well as visits by family members and independent monitoring mechanisms, are
effective measures for the prevention of torture and other cruel, inhuman or degrading
treatment or punishment;
13. Stresses the obligation of States to ensure that all persons who are arrested
or detained are informed at the time of arrest or detention of the reasons for the arrest
or detention and are promptly informed of any charges against them, in accessible
forms of communication, including in a language that they understand, and are
provided with information about, and an explanation of, their rights and are provided
with consular notification and access, as appropriate, and calls upon States to take
steps to notify the fact of the detention to a relative or another third party;
14. Calls upon States to include education and information regarding the
absolute prohibition of torture and other cruel, inhuman or degrading treatment or
punishment in the training of law enforcement personnel and other personnel
authorized to resort to force or who may be involved in the custody, interrogation or
treatment of any individual subjected to any form of arrest, detention or
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6
4/10
See Official Records of the General Assembly, Seventy-sixth Session, Supplement No. 53
(A/76/53), chap. V., sect. A.
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