Torture and other cruel, inhuman or degrading treatment or punishment
A/RES/67/161
3.
Welcomes the establishment of national preventive mechanisms to
prevent torture and other cruel, inhuman or degrading treatment or punishment,
urges States to consider establishing, appointing, maintaining or enhancing
independent and effective mechanisms with qualified expertise to undertake
monitoring visits to places of detention, inter alia, with a view to preventing acts of
torture or other cruel, inhuman or degrading treatment or punishment, and calls
upon States parties to the Optional Protocol to the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment 5 to fulfil their
obligation to designate or establish national preventive mechanisms that are truly
independent, properly resourced and effective;
Emphasizes the importance of States ensuring proper follow-up to the
4.
recommendations and conclusions of the relevant treaty bodies and mechanisms,
including the Committee against Torture, the Subcommittee on Prevention of
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, national
preventive mechanisms and the Special Rapporteur of the Human Rights Council on
torture and other cruel, inhuman or degrading treatment or punishment, while
recognizing the important role of the universal periodic review, national human
rights institutions and other relevant national or regional bodies in preventing
torture and other cruel, inhuman or degrading treatment or punishment;
Condemns any action or attempt by States or public officials to legalize,
5.
authorize or acquiesce in torture and other cruel, inhuman or degrading treatment or
punishment under any circumstances, including on grounds of national security and
counter-terrorism or through judicial decisions, and urges States to ensure
accountability of those responsible for all such acts;
Encourages States to consider establishing or maintaining appropriate
6.
national processes to record allegations of torture and other cruel, inhuman or
degrading treatment or punishment and ensure that such information is accessible in
accordance with applicable law;
Stresses that an independent, competent national authority must
7.
promptly, effectively and impartially investigate all allegations of torture or other
cruel, inhuman or degrading treatment or punishment, as well as wherever there is
reasonable ground to believe that such an act has been committed, and that those
who encourage, instigate, order, tolerate, acquiesce in, consent to 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
any place of detention, or other place where persons are deprived of their liberty,
where the prohibited act is found to have been committed;
Recalls, in this respect, the Principles on the Effective Investigation and
8.
Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (the Istanbul Principles) 6 as a valuable tool in efforts to prevent and
combat torture and the updated set of principles for the protection and promotion of
human rights through action to combat impunity; 7
9.
Calls upon all States to implement effective measures to prevent torture
and other cruel, inhuman or degrading treatment or punishment, particularly in
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5
United Nations, Treaty Series, vol. 2375, No. 24841.
Resolution 55/89, annex.
7
See E/CN.4/2005/102/Add.1.
6
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