Human rights in the administration of justice A/RES/79/172 13. Calls upon States to apply individual criminal responsibility and to refrain from detaining persons based solely on their family ties with an alleged offender; 14. Also calls upon States to ensure that anyone who is deprived of liberty through arrest or detention has prompt access to a competent court with the effective power to determine the lawfulness of the detention and to order release if the detention or imprisonment is determined not to be lawful and prompt access to legal counsel, which could include legal aid schemes, in accordance with their international obligations and commitments; 15. Calls upon all States to consider establishing, maintaining or enhancing independent national mechanisms with the mandate to monitor all places of detention, including by making unannounced visits, and to hold private interviews without witnesses with all persons deprived of liberty, inter alia, in line with the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules); 28 16. Emphasizes the importance of States’ keeping under systematic review rules, instructions, methods and practices on interviewing, as well as arrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment under their jurisdiction, including by taking into account, as appropriate, the Principles on Effective Interviewing for Investigations and Information-Gathering (the Méndez Principles); 17. Calls upon States to ensure a proper file and data management system on prisoners that allows the tracking of the number of persons deprived of their liberty, their detention period, offences or grounds for detention, and developments regarding the prison population, and encourages States to collect other up-to-date, comprehensive and disaggregated data, including on women’s and children’s needs and challenges in accessing justice, that allow for the identification and prevention of discrimination in the administration of justice and overincarceration; 18. Affirms that States must ensure that any measure taken to combat terrorism, including in the administration of justice, complies with their obligations under international law, in particular international human rights, refugee and humanitarian law; 19. Recalls the absolute prohibition of torture in international law, and calls upon States to address and prevent the detention conditions, treatment and punishment of persons deprived of their liberty, including in police custody, that amount to cruel, inhuman or degrading treatment or punishment; 20. Calls upon States to investigate promptly, effectively and impartially all alleged human rights violations suffered by persons deprived of their liberty, in particular cases involving death, torture and cruel, inhuman or degrading treatment or punishment, to provide effective remedy to the victims, in accordance with their international obligations and commitments, and to ensure that detention administrations fully cooperate with the investigating authority and preserve all evidence; 21. Urges States to endeavour to reduce, where appropriate, pretrial detention, which should be a measure of last resort and for as short a period as possible, inter alia, by adopting legislative and administrative measures and policies on its preconditions, limitations, duration and alternatives and by taking measures aimed at the implementation of existing legislation, as well as by ensuring access to justice and legal advice and assistance, which could include legal aid schemes, while recognizing __________________ 28 24-24212 Resolution 70/175, annex. 7/11

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