Noting also that, under the Geneva Conventions of 1949, 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, acts of torture can constitute crimes against humanity and, when
committed in a situation of armed conflict, constitute war crimes,
1.
Condemns all forms of torture and other cruel, inhuman or degrading 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 prohibition of torture and other cruel, inhuman or degrading
treatment or punishment;
2.
Emphasizes that States must take persistent, determined and effective measures to
prevent and combat torture and other cruel, inhuman or degrading treatment or punishment, and
stresses that all acts of torture must be made offences under domestic criminal law;
3.
Stresses that an order or instruction from a superior officer or a public authority
should not be invoked as justification of torture or other cruel, inhuman or degrading treatment
or punishment and that States must never request or require anyone, including any medical or
other health personnel, to commit any act of torture or other cruel, inhuman or degrading
treatment or punishment;
4.
Urges States to respect the professional and moral independence, duties and
responsibilities of medical and other health personnel;
5.
Also urges States to ensure that all medical and other health personnel may fulfil
their duty to report or denounce acts of torture or cruel, inhuman or degrading treatment of which
they are aware to relevant medical, judicial, national or international authorities as appropriate
under and consistent with their respective codes of ethics, without fear of retribution or
harassment;
6.
Stresses that all allegations of torture and other cruel, inhuman or degrading
treatment or punishment must be examined promptly and impartially by the competent domestic
authority, including where relevant through examination by forensic experts and other relevant
medical personnel, in order for those who encourage, order, tolerate or perpetrate such acts to
be held responsible, brought to justice and punished commensurate with the severity of the
offence;
7.
Urges States to establish effective investigation and documentation procedures, and
takes note of the Principles on the Effective Investigation and Documentation of Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment as a useful tool in this respect;
8.
Stresses that States must not punish or otherwise intimidate medical and other health
personnel for not obeying orders or instructions to commit, facilitate or conceal acts amounting
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