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Part I: Recognition and usage
investigation, and therefore detainees must be enabled
to submit allegations of torture to the relevant authorities through simple means and free from fear of retaliation. In this respect, international tribunals have noted
that difficulties in obtaining evidence regarding the occurrence of torture must not impair the alleged victim’s
access to justice and reparations.
• Treating allegations with seriousness: state officers must
consider any allegation of torture as a serious matter.
Allegations are often discarded without even an interview with the complainant; even when an interview
occurs, it is common that relevant examinations are not
carried out in a timely fashion. Complainants must be
interviewed and medical personnel must carry out complete examinations, including photographic records and
examinations of internal lesions and documentation of
psychological symptoms. Administrative and judicial
sanctions must be applied to justice/state agents who
are found to have ignored torture allegations or to have
dealt with them negligently.
• Prosecuting perpetrators at all levels: the investigation of
those responsible for a violation has been permanently
established as a natural consequence of all domestic
and international obligations of the state in relation to
torture, and is a necessary pre-requisite for the eradication of impunity (which is one of the most evident facilitating factors of torture). The obligation to prosecute
includes pursuing action against material authors,
intellectual authors, facilitators and anyone who covers
up the violation. It is further essential that victims and
their family members have full access and capacity to
act in all stages of the investigation and prosecution.
• Eliminating legal obstacles to prosecution: states cannot
excuse slow or negligent investigations by pointing to
the lack of activity of the interested parties and must
refrain from implementing blanket amnesty in cases of
torture.
• Voiding/excluding all evidence obtained through torture:
perpetration of torture in the context of a judicial process
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