A/HRC/40/59 (d) Inadequately resourced public services and institutions; (e) Socioeconomic marginalization and discrimination; (f) Excessive incarceration and involuntary institutionalization. 67. Wherever there is a causal connection between systemic governance failures and corruption, torture or ill-treatment, regardless of the intentionality or purposefulness of that connection, an international legal obligation to take systemic remedial measures can be derived directly from the duty of States to take effective legislative, administrative, judicial and other measures to prevent acts of torture and ill-treatment,20 as well as from their duty to develop and implement or maintain effective, coordinated anti-corruption policies and practices.21 V. Recommendations 68. On the basis of his observations and conclusions, the Special Rapporteur endorses and reinforces the recommendations of the Human Rights Council (resolution 35/25) and its Advisory Committee (A/HRC/28/73, paras. 47–55) in respect of the negative impact of corruption on the enjoyment of human rights and, in response to Council resolution 37/19, offers the following recommendations to States with a view to strengthening their capacity to ensure the effective prevention of and accountability for torture and other cruel, inhuman or degrading treatment or punishment in settings affected by corruption. Ratification and implementation of international instruments 69. States should adopt and/or ratify, without reservations, the United Nations Convention Against Corruption, the Convention against Torture and its Optional Protocol and all other universal and regional treaties and soft law instruments relevant to the prevention of corruption and torture and ill-treatment respectively, and should ensure their comprehensive and effective implementation across national legal and institutional frameworks. Zero-tolerance policies on corruption and on torture or ill-treatment 70. States should adopt and implement strict policies of zero tolerance for both corruption and torture or ill-treatment throughout all branches and levels of public authority, not only through strict enforcement at the level of individual officials, services and processes, but also through decisive corrective action that may be required at the systemic level. In doing so, States should duly consider the predominant patterns of causal interaction between corruption and torture or illtreatment. In determining criminal culpability for involvement in corruption, they should duly consider mitigating circumstances of coercion, including through risks, threats or acts of torture and ill-treatment. Furthermore, States should complement repressive and corrective action with proactive efforts to ensure adequate funding, training and equipping of public services and institutions, and fostering a general culture of personal and professional integrity throughout all public services. Integration and mutual mainstreaming 71. States should proactively integrate their anti-torture and anti-corruption policies and practices, including through mutual mainstreaming. Thus, the prevention of torture and ill-treatment should be systematically incorporated into anti-corruption policies and practices and the prevention of corruption should be systematically incorporated into anti-torture policies and practices. At the most basic level, this also means that any anti-corruption measure must fully comply with the absolute and non- 20 21 18 Convention against Torture, Part I. United Nations Convention against Corruption, chap. II.

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