A/HRC/28/68/Add.3 guarantees, which must include solutions to the problems highlighted in this report, especially impunity and weak guarantees for preventing and eradicating torture. The Special Rapporteur calls on the Government to expand on the measures already taken to guarantee that these events are subject to criminal investigation, that the disappeared persons are located and that such events do not happen again. B. Recommendations 80. Impunity for torture and ill-treatment encourages the repetition and escalation of these offences. To combat such impunity, the Special Rapporteur, in addition to the recommendations made above, recommends the following: (a) Recognize publicly the extent of impunity for torture and ill-treatment and send strong public messages to all federal and state security and justice personnel that all torture and ill-treatment will be seriously investigated and punished, in keeping with the norms of international, constitutional and criminal law; (b) Take all necessary measures to prevent and severely punish any reprisal against victims who report torture or ill-treatment, their family members, their representatives and human rights defenders; (c) 81. Guarantee the right of all victims to comprehensive redress. With respect to the legislative framework: (a) Promulgate a general act on torture and ill-treatment that defines torture throughout the Republic in keeping with the broadest standard of the InterAmerican Convention to Prevent and Punish Torture and ensure that federal and state laws set out all the obligations and guarantees deriving from the absolute prohibition of torture, such as the obligation to investigate, prosecute and punish cases of torture promptly, independently, impartially and exhaustively, the nonapplicability of statutory limitations to the crime of torture and victims’ right to redress; (b) Amend the Code of Military Justice to ensure that cases of human rights violations allegedly committed by one soldier against another also come within the jurisdiction of the civilian authorities; (c) In the Constitution, the National Code of Criminal Procedure and any applicable law, restrict instances of detention without a judicial warrant to cases of in flagrante delicto; (d) state law; Completely abolish arraigo, as well as similar measures in federal or (e) Eliminate the provisions on pretrial detention without formal charges from the Constitution and laws; (f) Adopt the necessary federal and state legislation to guarantee judicial oversight of enforcement of sentences, including precautionary measures, pretrial detention, conditions of detention and disciplinary measures; (g) Legislate the use of force in accordance with international principles, train members of the security forces in these standards and investigate and punish instances of excessive use of force. GE.14-25288 19

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