A/HRC/40/23
(d)
Support the Human Rights Commission, including by ensuring that it
receives adequate resources to fulfil its mandate effectively, including review of and
advice on draft legislation, and its role as national preventive mechanism;
(e)
Support the independent commissions, fully respect their independence,
and take into account their recommendations.
68.
With regard to legislation and justice, the High Commissioner recommends that
the Government:
(a)
Accede to the additional protocols to the Geneva Conventions and to the
Rome Statute of the International Criminal Court;
(b)
Enact legislation to criminalize war crimes, crimes against humanity,
genocide and enforced disappearances without statutes of limitation, and enact
internationally recognized modes of criminal liability, in particular with regard to
command or superior responsibility;
(c)
Adopt legislation establishing a hybrid court to investigate allegations of
violations and abuses of international human rights law and violations of international
humanitarian law;
(d)
Review the Assistance to and Protection of Victims of Crime and
Witnesses Act with a view to incorporating safeguards for the independence and
effectiveness of the victim and witness protection programme, in accordance with
international standards;
(e)
Strengthen the forensic capacity of the police and judiciary, and ensure
that it is adequately resourced, including for DNA testing, forensic anthropology and
archaeology;
(f)
Replace the Prevention of Terrorism Act with legislation that adheres to
the best international practices, seeking advice from the Human Rights Commission;
(g)
Review all cases of detainees held under the Prevention of Terrorism Act
with the aim of either releasing them or bringing them immediately to trial; establish a
moratorium for the use of the Act for new arrests until it is replaced by legislation that
adheres to international best practices; and review the cases of those convicted under
the Act and are serving long sentences, particularly where convictions were based solely
on confessions;
(h)
Promptly investigate and prosecute all allegations of torture and other
gross human rights violations, and give the highest priority to long-standing emblematic
cases so as to regain public confidence in the justice system.
69.
With regard to truth and the right to know, the High Commissioner recommends
that the Government:
(a)
Design, enact and operationalize a truth-seeking mechanism that has
appropriate linkages to other transitional justice components, and provide it with
sufficient resources and the technical means necessary to carry out its mandate;
(b)
Provide the Office on Missing Persons with sufficient resources and
technical means to effectively fulfil its mandate, including specific forensic capacity and
clear coordination protocols with the judiciary; and take interim relief measures for
families of disappeared persons, regardless of their right to comprehensive reparations.
70.
With regard to reparations, the High Commissioner recommends that the
Government:
(a)
Provide the Office for Reparations with the resources and technical means
necessary to implement its mandate;
(b)
Through the Office for Reparations, develop a national reparations policy
that takes into account the specific needs of women and children and psychosocial
support for victims.
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