A/HRC/RES/13/19
Convinced that an independent and impartial judiciary, an independent legal
profession and the integrity of the judicial system are essential prerequisites for the
protection of human rights, including the right to be free from torture and other cruel,
inhuman or degrading treatment or punishment, and for the application of the rule of law
and for ensuring a fair trial and that there is no discrimination in the administration of
justice,
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 all acts of 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, and encourages States to prohibit under domestic law acts
constituting cruel, inhuman or degrading treatment or punishment;
3.
Urges States to respect and ensure respect for the critical role that judges,
prosecutors and lawyers play in the prevention of torture and other cruel, inhuman or
degrading treatment or punishment, including with respect to arbitrary detention, due
process safeguards and fair trial standards, and bringing perpetrators to justice;
4.
Also urges States to adopt, implement and fully comply with legal and
procedural safeguards against torture and other cruel, inhuman or degrading treatment or
punishment, as well as to ensure that the judiciary, and where relevant the prosecution, can
effectively ensure compliance with such safeguards;
5.
Stresses that effective legal and procedural safeguards for the prevention of
torture and other cruel, inhuman or degrading treatment or punishment include, inter alia,
ensuring that any individual arrested or detained is brought promptly before a judge or
other independent judicial officer in person, and permitting prompt and regular medical
care and legal counsel as well as visits by family members;
6.
Calls upon States in the context of criminal proceedings to ensure access to
lawyers from the outset of custody and during all interrogations and judicial proceedings, as
well as access of lawyers to appropriate information in sufficient time to enable them to
provide effective legal assistance to their clients;
7.
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, and calls upon States to
consider extending that prohibition to statements made as a result of other cruel, inhuman
or degrading treatment or punishment, and recognizes that adequate corroboration of
statements, including confessions, used as evidence in any proceedings constitutes one
safeguard for the prevention of torture and other cruel, inhuman or degrading treatment or
punishment;
8.
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 stresses the importance of
effective legal and procedural safeguards in this regard;
9.
Condemns any action or attempt by States or public officials to legalize,
authorize or acquiesce in torture and other cruel, inhuman or degrading treatment or
punishment under any circumstances, including on grounds of national security or through
judicial decisions;
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