A/HRC/RES/22/21
the Rome Statute for the International Criminal Court, acts of torture can constitute crimes
against humanity and, when committed in a situation of armed conflict, constitute war
crimes,
Recalling article 14 of the Convention against Torture and other Cruel, Inhuman or
Degrading Treatment or Punishment providing a right to redress for victims of torture, and
General Assembly resolution 60/147 of 16 December 2005, in which the Assembly adopted
the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims
of Gross Violations of International Human Rights Law and Serious Violations of
International Humanitarian Law,
Taking note of the general comment of the Committee against Torture regarding the
implementation of article 14 of the Convention,1
Reaffirming and recalling resolutions of the Human Rights Council and the General
Assembly, including Assembly resolution 36/151 of 16 December 1981, in which the
Assembly established the United Nations Voluntary Fund for Victims of Torture, in which
States are urged to ensure that victims of torture and other cruel, inhuman or degrading
treatment or punishment obtain redress and are awarded fair and adequate compensation
and receive appropriate social, psychological, medical and other relevant specialized
rehabilitation,
Noting that, for the purposes of the present resolution, the term “victim” means a
victim of torture or other cruel, inhuman or degrading treatment or punishment, and that a
person should be considered a victim regardless of whether the perpetrator of the violation
is identified, apprehended, prosecuted or convicted and regardless of any familial or other
relationship between the perpetrator and the victim,
Recognizing that redress depends upon and is obtained through prompt, effective
and impartial investigations of torture or other cruel, inhuman or degrading treatment or
punishment and acknowledgement of the violations, and that the provision of redress has an
inherent preventive and deterrent effect in relation to future violations,
Recognizing also that the main purpose of rehabilitation is to enable victims to
regain and maintain maximum independence, full physical, mental, social and vocational
ability, and full inclusion and participation in all aspects of life,
1.
Condemns all forms of torture and other cruel, inhuman or degrading
treatment or punishment, including through intimidation, which are and shall remain
prohibited at any time and in any place whatsoever and can thus never be justified, and calls
upon all States to implement fully the absolute prohibition of torture and other cruel,
inhuman or degrading treatment or punishment;
2.
Emphasizes that States must take persistent, determined and effective
measures to prevent and combat all acts of torture and other cruel, inhuman or degrading
treatment or punishment, stresses that all acts of torture must be made offences under
domestic criminal law punishable by appropriate penalties that take into account their grave
nature, and calls upon States to prohibit under domestic law acts constituting cruel,
inhuman or degrading treatment or punishment;
3.
Urges all States that have not yet become parties to the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment to do so, and to
give early consideration to signing and ratifying the Optional Protocol thereto as a matter of
priority;
1
2
CAT/C/GC/3.
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