A/HRC/RES/31/31
arrest, detention or imprisonment in any territory under its jurisdiction, with a view to
preventing any cases of torture,
Mindful of existing principles, guidelines and standards relevant to interrogation,
including the United Nations Code of Conduct for Law Enforcement Officials and the
United Nations Body of Principles for the Protection of all Persons under Any Form of
Detention or Imprisonment, and also mindful of the Luanda Guidelines on the Conditions
of Arrest, Police Custody and Pre-Trial Detention in Africa, adopted by the African
Commission on Human and Peoples’ Rights, the Principles and Best Practices on the
Protection of Persons Deprived of Liberty in the Americas, adopted by the Inter-American
Commission on Human Rights, and the revised standards for law enforcement agencies,
issued by the European Committee for the Prevention of Torture and Inhuman or Degrading
Treatment or Punishment,
1.
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;
2.
Urges all States that have not yet become a party 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;
3.
Welcomes the Convention against Torture Initiative, launched in March 2014
on the thirtieth anniversary of the adoption of the Convention, to achieve the universal
ratification and improved implementation of the Convention by 2024, and related regional
initiatives on the prevention and eradication of torture;
4.
Urges States to adopt, implement and comply fully with legal and procedural
safeguards against torture and other cruel, inhuman or degrading treatment or punishment,
and to ensure that the judiciary, and where relevant the prosecution, can effectively ensure
compliance with such safeguards;
5.
Stresses that effective legal and procedural safeguards for the prevention of
torture and other cruel, inhuman or degrading treatment or punishment include ensuring
that any individual arrested or detained on a criminal charge is brought promptly before a
judge or other independent judicial officer, and permitting prompt and regular medical care
and legal counsel at any stage of detention and visits by family members;
6.
Also stresses the obligation of States to ensure that anyone who is arrested is
informed at the time of arrest of the reasons for the arrest, and is promptly informed of any
charges against him or her in accessible forms of communication, including in a language
that he or she understands, and be provided with information about and an explanation of
his or her rights;
7.
Calls upon States in the context of criminal proceedings to ensure access to
lawyers from the outset of custody and during all interrogations and judicial proceedings,
and timely access of lawyers to appropriate information to enable them to provide effective
legal assistance to their clients;
8.
Encourages States to ensure that a proper and consented medical examination
by a medical practitioner is available to persons in police custody and pretrial detention as
promptly as possible after their admission to the place of detention, and to ensure that the
results of every examination and relevant statements by the detainee and the medical
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