A/75/179
prospect for the worldwide eradication of torture and ill-treatment, as proclaimed
in the Universal Declaration of Human Rights, or for the full realization of the
Charter of the United Nations and the 2030 Agenda for Sustainable Development.
VI. Recommendations
84. With a view to achieving the ambitions of the Universal Declaration of
Human Rights, including the eradication of torture and ill-treatment, the Special
Rapporteur recommends that the preceding, science-based conclusions of the
present report be incorporated into ongoing, policy-based global governance
reform processes, including the 2030 Agenda for Sustainable Development and,
most notably, its Goal 16, aiming to build “peaceful and inclusive societies” that
“provide access to justice for all” and “effective, accountable and inclusive
institutions at all levels”.
85. In line with contemporary scientific findings, States should acknowledge
that all human beings, whether government officials, media representatives or
the general public, have an innate tendency towards suppressing moral dilemmas
and other unwelcome information through the largely unconscious processes of
self-deception and denial.
86. Owing to the unconscious and compelling nature of such processes and their
reinforcement through powerful group-based and system-justifying dynamics,
which are prevalent in all cultures and all segments of society, those tendencies
cannot be effectively mitigated through institutional self-control, but require
systematic external oversight, both nationally and internationally, through
independent monitoring mechanisms.
87. At the national level, all States should take rigorous measures towards
mitigating generic patterns of denial throughout political, administrative,
judicial and legislative processes of decision-making. In particular:
(a) Regarding transparency, States should abolish, in principle, any
secrecy or classification of executive, administrative, judicial, or legislative
proceedings, negotiations and decisions. The confidentiality of public interest
information for reasons of national security, law enforcement, data protection
and personal privacy should be exceptional, should be applied restrictively,
should exclude any form of immunity or impunity and, in each case, should
require positive justification and independent, external verification (e.g.,
through ombudspersons);
(b) Regarding accountability, States should guarantee prompt,
independent, impartial and transparent investigations of alleged misconduct
implicating any person acting on behalf of public authorities. Any misconduct of
officials, including culpable failure to prevent, investigate or punish misconduct
within their sphere of authority, should entail commensurate sanctions and full
redress for injured parties;
(c) Regarding the media, States should ensure that the media can freely
and effectively act as the “fourth estate”, empowering the public by subjecting
authorities to systematic scrutiny, independent from political, economic or
corporate influence;
(d) Regarding civil society, States should foster a proactive and diverse
civil society and provide platforms and procedures through which the concerns
voiced by human rights defenders can be effectively received and considered by
State authorities;
24/25
20-09728
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