Torture and other cruel, inhuman or degrading treatment or punishment
A/RES/68/156
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 that have experts with the required
capabilities and professional knowledge 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 to ensure that such information is accessible
in accordance with applicable law;
Stresses that an independent, competent domestic 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
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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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