CAT/C/44/2*
Torture and the Special Rapporteur on the question of torture was the presentation of their
annual reports to the General Assembly at its sixty-fourth session in New York, on 20
October 2009.16 This was a historic occasion, in part because it was the first time that these
reports had been presented orally, but also because it provided other openings, such as a
dialogue with representatives of States and civil society organizations the same day, and the
introduction, by several Member States led by Denmark, of the draft resolution on torture
and other cruel, inhuman or degrading treatment or punishment. The draft was adopted as
General Assembly resolution 64/153 on 18 December 2009 and contains several references
to the prevention of torture and the strengthening of the Subcommittee, as follows:
“The General Assembly,
...
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, and encourages States to prohibit under
domestic law acts constituting cruel, inhuman or degrading treatment or punishment;
3.
Welcomes the establishment of national preventive mechanisms to
prevent torture, encourages all States that have not yet done so to establish such
mechanisms, and calls upon States parties to the Optional Protocol to the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment17 to fulfil their obligation to designate or establish truly independent and
effective national preventive mechanisms for the prevention of torture;
4.
Emphasizes the importance of States’ ensuring proper follow-up to the
recommendations and conclusions of the relevant treaty bodies and mechanisms,
including the Committee against Torture, the Subcommittee on Prevention of
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the
Special Rapporteur of the Human Rights Council on torture and other cruel,
inhuman or degrading treatment or punishment;
...
7.
Takes note in this respect of the Principles on the Effective
Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (the Istanbul Principles)18 as a useful tool in efforts to
prevent and combat torture and of the updated set of principles for the protection of
human rights through action to combat impunity;19
8.
Calls upon all States to implement effective measures to prevent
torture and other cruel, inhuman or degrading treatment or punishment, particularly
in places of detention and other places where persons are deprived of their liberty,
including education and training of personnel who may be involved in the custody,
interrogation or treatment of any individual subjected to any form of arrest,
detention or imprisonment;
...
16
17
18
19
GE.10-41876
For the statement of the Chairperson of the Subcommittee, see the Subcommittee’s website (see note
12 above).
General Assembly resolution 57/199, annex.
General Assembly resolution 55/89, annex.
See E/CN.4/2005/102/Add.1.
15
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