Policy recommendations
States should review their legal frameworks, as well as policies and practices,
to ensure that they are compliant with international standards. It is recommended that States:
1.
Include torture as a separate and specific offence in the national criminal
code;
2. Ensure that penalties for the crime of torture are commensurate with the
gravity of the crime, in law and in practice. This includes ensuring that,
where public officials have been convicted of torture, they are legally
prohibited from returning to public service;
3. Ensure that the definition of torture in national legislation is compliant
with the UNCAT;
4. Ensure, in law and in practice, that suspected or convicted offenders of
the crime of torture can never benefit from amnesties, pardons and similar mechanisms that lead directly or indirectly to impunity for the crime of
torture or other ill-treatment;238
5. Stipulate in national legislation that the crime of torture is not subject to
any statute of limitations;
6. Take measures to establish jurisdiction over the crime of torture and
other ill-treatment whenever alleged perpetrators are present in their
territory;
7. Ensure that officials suspected of torture are prosecuted under the
specific offence of torture, and not lesser offences, such as “abuse of
authority”;
8. Ensure that all criminal justice actors have the legal powers to initiate ex
officio investigations into allegations of torture;
9. Ensure that investigations into allegations of torture or other ill-treatment
are carried out in a prompt, impartial and effective manner by an independent body, in accordance with the principles and standards of the
Manual on the Effective Investigation and Documentation of Torture and
Other Ill-Treatment (Istanbul Protocol);
10. Ensure effective oversight and internal investigation mechanisms within
law enforcement agencies;
238 See also Recommendations to OSCE participating States, international conference on “Effective
Multilateralism in the Fight against Torture: Trends in the OSCE region and the way forward”
(June 2019), Recommendation 16.
63
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