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

Select target paragraph3

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