A/HRC/40/59
(h)
The formulation, adoption, implementation and interpretation of law
pertaining to any of the above, including any lobbying activities undertaken in this
respect.
Transnational efforts
74.
Given the increasingly transnational character, reach and consequences of the
activities and transactions undertaken by States and international organizations and
by multinational corporations and other non-State actors, States should cooperate
internationally in order to ensure effective policies and practices for the prevention
and eradication of corruption and torture or ill-treatment. Any international
exchange of information or extradition undertaken in this context remains subject to
the exclusionary clause prohibiting the use as evidence of any information obtained
through torture or ill-treatment22 as well as the prohibition of refoulement towards a
real risk of torture or ill-treatment,23 which may be substantiated with evidence of
systemic governance failures and corruption.24
Synergies within the United Nations
75.
United Nations agencies and mechanisms such as, most notably, UNODC,
OHCHR, the Committee against Torture, the Subcommittee on Prevention of Torture
and the United Nations Voluntary Fund for Victims of Torture, as well as the special
procedures of the Human Rights Council, including the mandate of the Special
Rapporteur, should systematically examine the interaction between corruption and
human rights violations, including torture and ill-treatment, in their respective
reporting and should strengthen their exchanges, coordination and cooperation with a
view to fostering, throughout the United Nations, a holistic understanding of the
shared root causes and the causal interactions between corruption and human rights
violations, and of the most effective measures for the prevention and eradication of
such abuse (A/HRC/28/73, paras. 51–55).
Human Rights Council
76.
The Special Rapporteur specifically endorses the recommendations of the
Advisory Committee that the Human Rights Council establish a thematic special
procedure mandate (i.e. a special rapporteur, independent expert or working group)
tasked with examining the causal connections between corruption and human rights
violations and that the examination of this question be expressly integrated both into
the universal periodic review and into the Council’s complaints procedure
(A/HRC/28/73, paras. 52–54).
22
23
24
20
Convention against Torture, art. 15.
Ibid., art. 3.
Center for the Advancement of Public Integrity, Columbia Law School, The Corruption and Human
Rights Connection: Government Acquiescence in Torture (2018).
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