A/RES/63/166
6.
Stresses that all allegations of torture or other cruel, inhuman or
degrading treatment or punishment must be promptly and impartially examined by
the competent domestic authority, and that those who encourage, order, tolerate or
perpetrate such acts must be held responsible, brought to justice and punished in a
manner commensurate with the severity of the offence, including the officials in
charge of the place of detention where the prohibited act is found to have been
committed;
Takes note in this respect of the Principles on the Effective Investigation
7.
and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (the Istanbul Principles) 6 as a useful tool in efforts to prevent and
combat torture and of the updated set of principles for the protection of human
rights through action to combat impunity; 7
5F
6F
Calls upon all States to implement effective measures to prevent torture
8.
and other cruel, inhuman or degrading treatment or punishment, particularly in
places of detention and other places where persons are deprived of their liberty,
including education and training of personnel who may be involved in the custody,
interrogation or treatment of any individual subjected to any form of arrest,
detention or imprisonment;
Also calls upon all States to adopt a gender-sensitive approach in the
9.
fight against torture and other cruel, inhuman or degrading treatment or punishment,
paying special attention to violence against women and girls;
10. Calls upon States to ensure that the rights of persons with disabilities,
bearing in mind the Convention on the Rights of Persons with Disabilities,4 are fully
integrated into torture prevention and protection, and welcomes the efforts of the
Special Rapporteur in this regard;
0H
11. Encourages all States to ensure that persons convicted of torture or other
cruel, inhuman or degrading treatment or punishment have no subsequent
involvement in the custody, interrogation or treatment of any person under arrest,
detention, imprisonment or other deprivation of liberty;
12. Emphasizes that acts of torture in armed conflict are serious violations of
international humanitarian law and in this regard constitute war crimes, that acts of
torture can constitute crimes against humanity and that the perpetrators of all acts of
torture must be prosecuted and punished;
13. Strongly urges States to ensure that no statement that is established to
have been made as a result of torture is invoked as evidence in any proceedings,
except against a person accused of torture as evidence that the statement was made;
14. Stresses that States must not punish personnel for not obeying orders to
commit or conceal acts amounting to torture or other cruel, inhuman or degrading
treatment or punishment;
15. Urges States not to expel, return (“refouler”), extradite or in any other
way transfer a person to another State where there are substantial grounds for
believing that the person would be in danger of being subjected to torture, and
recognizes that diplomatic assurances, where used, do not release States from their
obligations under international human rights, humanitarian and refugee law, in
particular the principle of non-refoulement;
_______________
6
7
Resolution 55/89, annex.
See E/CN.4/2005/102/Add.1.
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