A/HRC/8/52
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including the officials in charge of the place of detention where the prohibited act is found to
have been committed, and to take note, in this respect, of the Principles on the Effective
Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment (the Istanbul Protocol) as a useful tool in efforts to combat torture;
(c) To ensure that no statement established to have been made as a result of torture is
invoked as evidence in any proceedings, except against a person accused of torture as evidence
that the statement was made;
(d) Not to expel, return (“refouler”), extradite or in any other way transfer a person to
another State where there are substantial grounds for believing that the person would be in
danger of being subjected to torture; the Council recognizes in this respect that diplomatic
assurances, where used, do not release States from their obligations under international human
rights, humanitarian and refugee law, in particular the principle of non-refoulement;
(e) To ensure that victims of torture or other cruel, inhuman or degrading treatment or
punishment obtain redress and are awarded fair and adequate compensation and receive
appropriate socio-medical rehabilitation, and in this regard encourages the development of
rehabilitation centres for victims of torture;
(f) To ensure that all acts of torture are offences under domestic criminal law, and
emphasizes that acts of torture are serious violations of international human rights law and
humanitarian law and can constitute crimes against humanity and war crimes and that the
perpetrators are liable to prosecution and punishment;
(g) Not to punish personnel for not obeying orders to commit acts amounting to torture
or other cruel, inhuman or degrading treatment or punishment;
(h) To protect medical and other personnel for their role in documenting torture or any
other form of cruel, inhuman or degrading treatment or punishment and in treating victims of
such acts;
(i) To ensure appropriate follow-up to conclusions and views on individual
communications of the relevant treaty bodies, including the Committee against Torture and the
Subcommittee on the Prevention of Torture;
(j) To adopt a gender-sensitive approach in the fight against torture and other cruel,
inhuman or degrading treatment or punishment, paying special attention to violence against
women;
(k) To become parties to the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment as a matter of priority as well as to give early consideration
to signing and ratifying its Optional Protocol and, once parties, to designate or establish truly
independent and effective national preventive mechanisms;
7.
Reminds States that:
(a) Corporal punishment, including of children, can amount to cruel, inhuman or
degrading punishment or even to torture;
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