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The scope and objective of the exclusionary rule in judicial proceedings and in relation to acts by executive actors 2014, para. 60
- Paragraph text
- The Special Rapporteur welcomes recent initiatives by some States to establish and publish guidelines for their intelligence services and commitments they have made not to participate in, solicit, encourage or condone the use of torture or other ill-treatment for any purpose, to the extent that they accord with their international legal obligations. However, some aspects of published guidelines fall short of the standards required by the prohibition of torture and other ill-treatment. If a real risk of torture or ill-treatment is detected, a State must not proceed to work with a foreign agency. Any discretion afforded in the guidelines to executive actors to proceed to work with an agency, despite a real risk of the information they receive being tainted by torture or ill-treatment, is incompatible with the obligation of the State as to the prohibition of torture. In addition, no distinction between torture and other ill-treatment should be made. Likewise, the excuse of exceptional circumstances contained in some national guidelines is inconsistent with the prohibition of torture and other ill-treatment.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 56
- Paragraph text
- The questioning of persons is a specialist task that requires specific training in order to be performed successfully and in accordance with the highest standards of professionalism. The protocol must insist on the importance of adequate and regular training for law enforcement and other personnel involved in the questioning of persons (see A/HRC/4/33/Add.3 and CAT/C/USA/CO/2).
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Role of forensic and medical sciences in the investigation prevention torture and other ill-treatment 2014, para. 53
- Paragraph text
- Prosecutors and courts should not be limited to evaluating reports from officially accredited experts, irrespective of their institutional affiliation. Criminal procedure must ensure that reports of a non-government health professional may be accepted as evidence of torture or other ill-treatment in Court. In addition, non-State health experts should be encouraged to review State examinations and to conduct their own independent assessments; these assessments should be given the weight they deserve on their merits. Courts should neither rule out non-State experts nor award State expert testimony more weight based solely on their "official" status. Regarding required expertise, it must be determined on its merits. In that regard, independence and objectivity are a primary concern. The State will usually have more resources and be in a privileged position to examine victims. Those facts must be considered alongside the degree of independence and impartiality such experts enjoy, as well as the obstacles that non-State experts might face in gaining access to and procuring evidence. The presumption must be that the State has to account for its own action or inaction and its inability to protect the rights of persons in custody. It is the State's obligation to rebut allegations, and to show that it has conducted truly effective investigations.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 26
- Paragraph text
- The protocol must also emphasize States' obligations to take measures to incorporate relevant standards into their national systems, promote its use across national institutions and provide training to relevant personnel, including prosecutors, defence lawyers, judges, law enforcement, intelligence and military officials and medical professionals.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Certain forms of abuses in health-care settings that may cross a threshold of mistreatment that is tantamount to torture or cruel, inhuman or degrading treatment or punishment 2013, para. 22
- Paragraph text
- Although it may be challenging to satisfy the required purpose of discrimination in some cases, as most likely it will be claimed that the treatment is intended to benefit the "patient", this may be met in a number of ways. Specifically, the description of abuses outlined below demonstrates that the explicit or implicit aim of inflicting punishment, or the objective of intimidation, often exist alongside ostensibly therapeutic aims.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Commissions of inquiry 2012, para. 60
- Paragraph text
- The people selected to be members of a commission of inquiry should be chosen on the basis of criteria designed to ensure the independence and impartiality of the body. The commissioners should enjoy a stature and recognition within the local community that will inspire confidence in the public. Importantly, commissioners should be persons of such high moral character and professional achievement that victims and witnesses should feel that they can approach the commission and participate in its proceedings without fear that their testimonies might be misused.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 45
- Paragraph text
- With regard to the first element of the definition (causing severe pain or suffering, whether physical or mental), both Georgia and Togo limit their definitions to physical pain. The legislation of Jordan only partly covers the aspect of mental pain or suffering. The definition in Paraguay makes torture very difficult to prove, as it requires the intent to destroy or seriously damage the personality of the victim, hence excluding many acts that would be considered as torture under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Commissions of inquiry 2012, para. 61
- Paragraph text
- There are various models of what to look for in the profile of members of a commission of inquiry, and each model is valid within the particular circumstances and legal culture of each State. For example, States may wish to ensure representation of the entire political or ideological spectrum, while others may not. In all circumstances, however, it is necessary for States to appoint commission members who will rise above partisanship and be first and foremost dedicated to the truth. It is important to include individuals with experience in fact-finding methodologies and assessment of the quality of evidence; for this reason, it is advisable to include at least some acting or retired magistrates or prosecutors. At the same time, it is important to reflect a wide range of expertise within the commission to ensure that the work benefits from diverse interpretations of the underlying problems. People of high moral standing from the sciences (especially medical, psychiatric and forensic sciences) and from social science and liberal arts backgrounds, including journalism, should also be included.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
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