A/HRC/45/45/Add.3
VI. Recommendations
Recommendations addressed to the State
101.
The Special Rapporteur recommends that the State party:
(a)
Harmonize and domesticate all ratified international legal instruments to
make the rights therein justiciable and enforceable, including by criminalizing torture
and enforced disappearances, abolishing the death penalty, and decriminalizing samesex relations in its domestic legal framework;
(b)
Ensure that the existing reviews of the Constitution, the Criminal Code
and the Criminal Procedure Code are undertaken in full compliance with
international human rights standards;
(c)
Provide the judiciary with capacity-building and technical and human
resources to undertake effective, prompt and adequate criminal investigations and
prosecutions into the violations of the past regime, and consider developing a criminal
accountability entity, such as a special court, to carry out criminal investigations and
prosecution of those crimes;
(d)
Investigate and prosecute officials and members of paramilitary groups
implicated in human rights violations, in accordance with international standards,
and consider adopting prosecutorial strategies that ensure the effective and timely
prosecution of perpetrators;
(e)
Refrain from recommending or granting amnesties or pardons for
serious human rights violations, as prescribed by international law;
(f)
Provide financial, material and human resources to accelerate the search
for and identification of disappeared persons, including the required technological
equipment, and engage with the international community to seek technical and
financial assistance in this respect;
(g)
Provide capacity-building and develop technical and human resources
on forensic investigations, including the one currently placed within the Truth,
Reconciliation and Reparations Commission. This capacity-building should include
training and certification for personnel on forensic sciences, in accordance with
international standards.30 The possibility of establishing an internationally certified,
autonomous and independent forensic science institute should be considered;
(h)
Secure and preserve documentary and on-site material evidence of past
violations, which could be used in criminal proceedings and future memorialization
activities;
(i)
Adopt a comprehensive reparations policy aimed at providing all
categories of victims with effective and timely reparations, including compensation,
rehabilitation, satisfaction, restitution and guarantees of non-recurrence, taking
measures to ensure that the reparation programme is adopted in full consultation with
victims, is fully compliant with international standards, and includes a gender and
disabilities perspective; and provide immediate medical and psychosocial assistance to
survivors;
(j)
Take measures to ensure that the Truth, Reconciliation and Reparations
Commission adopts all necessary measures to promote the universal registration of
victims in order to know the full extent of victimhood in the country and to provide
the victims with tailored reparations;
(k)
Ensure that registration procedures are clearly communicated and
accessible to all victims, require a low threshold of evidence of victimhood, and are not
30
See, in particular, The Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016):
The Revised United Nations Manual on the Effective Prevention and Investigation of Extra-legal,
Arbitrary and Summary Executions (United Nations publication, Sales No. E.17.XIV.3); and Istanbul
Protocol: Manual on the Effective Investigation and Documentation of Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (United Nations publication, Sales No. E.04.XIV.3).
19
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