A/HRC/16/2
person or organization for having been in contact with the Special Rapporteur or any other
international or national monitoring or preventive body active in the prevention and combat
of torture and other cruel, inhuman or degrading treatment or punishment;
(d)
To ensure proper follow-up to the recommendations and conclusions of the
Special Rapporteur;
7.
Also urges States:
(a)
To implement effective measures to prevent torture and other cruel, inhuman
or degrading treatment or punishment, particularly in places of detention and other places
where persons are deprived of their liberty, including education and training for personnel
who may be involved in the custody, interrogation or treatment of any individual subjected
to any form of arrest, detention or imprisonment, and ensure that conditions of detention
respect the dignity and human rights of detainees;
(b)
To take persistent, determined and effective measures to have all allegations
of torture or other cruel, inhuman or degrading treatment or punishment investigated
promptly, effectively and impartially by an independent, competent domestic authority, as
well as whenever there is reasonable ground to believe that such an act has been committed;
to hold persons who encourage, order, tolerate or perpetrate such acts responsible, to have
them brought to justice and punished in a manner commensurate with the gravity of the
offence, 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 and the updated set of principles for the protection of
human rights through action to combat impunity as a useful tool in efforts to prevent and
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, and calls upon States to consider extending
that prohibition to statements made as a result of cruel, inhuman or degrading treatment or
punishment, recognizing that adequate corroboration of statements, including confessions,
used as evidence in any proceedings constitutes one safeguard for the prevention of torture
and other cruel, inhuman or degrading treatment or punishment;
(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, stressing the importance of effective legal and
procedural safeguards in this regard, and recognizing 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, are awarded fair and adequate compensation and
receive appropriate social, psychological, medical and other relevant specialized
rehabilitation, and urges States to establish, maintain, facilitate or support rehabilitation
centres or facilities where victims of torture can receive such treatment and where effective
measures for ensuring the safety of their staff and patients are taken;
(f)
To ensure that all acts of torture are offences under domestic criminal law,
and encourages States to prohibit under domestic law acts constituting cruel, inhuman or
degrading treatment or punishment;
(g)
To ensure that persons convicted of torture or other cruel, inhuman or
degrading treatment or punishment have no subsequent involvement in the custody,
interrogation or treatment of any person under arrest, detention, imprisonment or other
54
GE.11-17059
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