A/RES/67/161
Torture and other cruel, inhuman or degrading treatment or punishment
Noting that, under the Geneva Conventions of 1949, 2 torture and inhuman
treatment are a grave breach and that, under the statute of the International Tribunal
for the Prosecution of Persons Responsible for Serious Violations of International
Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991,
the statute of the International Criminal Tribunal for the Prosecution of Persons
Responsible for Genocide and Other Serious Violations of International
Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens
Responsible for Genocide and Other Such Violations Committed in the Territory of
Neighbouring States between 1 January and 31 December 1994 and the Rome
Statute of the International Criminal Court, 3 acts of torture can constitute crimes
against humanity and, when committed in a situation of armed conflict, constitute
war crimes,
Noting also that 26 June 2012 marked the twenty-fifth anniversary of the entry
into force of the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment,
Welcoming the entry into force of the International Convention for the
Protection of All Persons from Enforced Disappearance, 4 the implementation of
which will make a significant contribution to the prevention and prohibition of
torture, including by prohibiting secret places of detention and by ensuring legal and
procedural safeguards for persons deprived of their liberty, and encouraging all
States that have not done so to consider signing, ratifying or acceding to the
Convention,
Commending the persistent efforts of civil society organizations, including
non-governmental organizations, national human rights institutions and national
preventive mechanisms, and the considerable network of centres for the
rehabilitation of victims of torture, to prevent and combat torture and to alleviate the
suffering of victims of torture,
Deeply concerned about all acts which can amount to torture and other cruel,
inhuman or degrading treatment or punishment committed against persons
exercising their rights of peaceful assembly and freedom of expression in all regions
of the world,
Condemns all forms of torture and other cruel, inhuman or degrading
1.
treatment or punishment, including through intimidation, which are and shall remain
prohibited at any time and in any place whatsoever and can thus never be justified,
and calls upon all States to implement fully the absolute and non-derogable
prohibition of torture and other cruel, inhuman or degrading treatment or
punishment;
Emphasizes that States must take persistent, determined and effective
2.
measures to prevent and combat all acts of torture and other cruel, inhuman or
degrading treatment or punishment, stresses that all acts of torture must be made
offences under national criminal law punishable by appropriate penalties that take
into account their grave nature, and encourages States to prohibit under national law
acts constituting cruel, inhuman or degrading treatment or punishment;
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2
Ibid., vol. 75, Nos. 970–973.
Ibid., vol. 2187, No. 38544.
4
Resolution 61/177, annex.
3
2/8