A/HRC/16/52
important first steps towards eradicating this serious international crime. This
notwithstanding, ratification is not a substitute for States to take effective measures as
necessary to prevent and suppress torture and ill-treatment.
73.
The Special Rapporteur recalls conclusions and recommendations made by
previous mandate holders in their reports12 to the Human Rights Council and to the
General Assembly, in particular those related to preventing torture, combating
impunity for torture, providing victims of torture with an effective remedy and
adequate reparation, as well as conditions of detention. He believes that they are
integral to the global efforts to prevent and suppress torture and ill-treatment.
74.
The Special Rapporteur urges States to ratify the Protocol and promptly
designate or establish a truly independent and effective National Preventive
Mechanism (NPM) in accordance with the Protocol. He also urges enhanced
cooperation with relevant treaty body mechanisms, including the Committee against
Torture, the Subcommittee on Prevention of Torture and the Human Rights
Committee.
75.
The Special Rapporteur recognizes the work of the United Nations Voluntary
Fund for Victims of Torture and the various non-governmental organisations working
for the rehabilitation of victims of torture. He recalls the obligation of States to ensure
the right of torture victims to obtain reparation, including redress, fair and adequate
compensation and the means for as full rehabilitation as possible.13 In this regard, he
calls upon Governments to make voluntary contributions to the Voluntary Fund for
Victims of Torture so as to enable it to continue providing organizations with funds
for psychological, medical, social, legal and economic assistance. He also entreats
States to support the work of the organizations through financial and other means, as
well as create an enabling environment for the organisations to provide redress and
rehabilitation for torture victims.
76.
The Special Rapporteur reiterates the importance of the “exclusionary rule” in
preventing and suppressing torture, and recalls the obligations of States to ensure that
any statement established to have been made as a result of torture shall not be
invoked as evidence in any proceedings, except against a person accused of torture as
evidence that the statement was made. To this end, he recommends strict adherence to
this most fundamental of rules. He stresses that the exclusionary rule should not only
apply to judicial and administrative proceedings, but also interpreted to include
intelligence and decisions by the executive and its agencies.
77.
The Special Rapporteur recognizes the important role that forensic and other
sciences play in eradicating the use of torture. To this effect, he calls for a concerted
effort to further improve forensic and other scientific tools and mechanisms used in
law enforcement, counter-terrorism and effective criminal prosecution in order to
ensure that torture is not practiced. He acknowledges that there is need for further
capacity building and technology transfer to those States that do not possess adequate
capacities or technologies. He urges States to continue working with the relevant
international organisations to ensure such capacity building and technology transfers.
12
13
For more information on conclusions and recommendations made by previous mandate holders, see
reports at http://ap.ohchr.org/documents/dpage_e.aspx?m=103.
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
article 14.
17
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