A/HRC/40/59 derogable prohibition of torture and ill-treatment, and vice versa. Moreover, States should ensure that their decisions, policies and practices in other areas of governance will not, in the ordinary course of events, create, maintain or contribute to any environment conducive to corruption and torture or ill-treatment. Independent monitoring and reporting 72. States should establish and maintain accessible, well-resourced and fully independent monitoring, oversight and accountability mechanisms for the prevention of corruption and of torture or ill-treatment including, but not limited to, those foreseen in articles 6 and 36 of the United Nations Convention against Corruption and articles 2 and 16 of the Convention against Torture in conjunction with article 3 of its Optional Protocol. Beyond what is already foreseen in treaty law, such mechanisms should be formally empowered to carry out comprehensive monitoring and proactive investigations and to publicly report their findings; to initiate, oversee and contribute to national and international judicial proceedings and other accountability processes; and to exchange information and cooperate with each other with a view to exposing context-specific acts or patterns of corruption and torture or ill-treatment, where appropriate in coordination with the national human rights institution. In addition to officially mandated mechanisms, States should provide a transparent and safe environment enabling and protecting the monitoring, reporting and advocacy activities of civil society organizations, human rights defenders and whistle-blowers and ensure their unhindered access to individual witnesses, victims or their relatives. Contexts particularly exposed to corruption and torture or ill-treatment 73. While maintaining comprehensive anti-corruption and anti-torture policies and practices, States, monitoring mechanisms and civil society stakeholders should focus their efforts specifically on contexts particularly prone to corruption and torture or ill-treatment, including: (a) The extra-custodial use of force and other coercive powers by State officials or private security contractors, for example in relation to arrests, house searches, crowd management, checkpoints and immigration control; (b) Persons who are deprived of their liberty or institutionalized without their free and informed consent, for example in prisons, police stations, military barracks, closed camps or shelters, migration centres, orphanages, psychiatric hospitals, social care centres or any other similar place; (c) Policies, procedures and practices relating to asylum, migration and border control, including the treatment and living conditions of irregular migrants and the application of the principle of non-refoulement with regard to the risk of torture and ill-treatment; (d) The administration of justice, including decisions about deprivation of liberty and forced institutionalization; the initiation, suspension and dismissal of investigations into allegations of torture or ill-treatment and related corruption; the investigative questioning of persons; and the provision of redress and rehabilitation to survivors of torture and ill-treatment; (e) The protection of persons against corruption, violence, intimidation and abuse committed, instigated or facilitated by corporate actors, security contractors, criminal organizations or other non-State actors; (f) The protection of civil society representatives, human rights defenders, political opponents, whistle-blowers and witnesses and victims of corruption or human right violations against violence, intimidation and reprisals; (g) Policies, procedures and practices influencing the treatment, living conditions, rights and duties of minorities and other persons, groups or communities exposed to social exclusion, socioeconomic marginalization and discrimination due to factors such as their ethnic, religious or indigenous background, social or migration status, gender, sexual orientation, age or disability; 19

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents